Quote:
Originally Posted by winniboy
i agree i would also only KILL if it was a last resort, but like the ward bird case and this case. NO ONE IS DEAD, ward bird never fired a shot, and fleming only fired one into the ground. therefore by a legal standpoint, both are totally fine by law. as long as fleming had a permit for the gun. hell he can say he was doing some target practice or what ever, last time i checked, with proper permits, you can fire a gun on your own property. so what the hell was he arrested for? i shake my heads at the officer who did the arresting and at the AG, you are a fool.
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I agree with you on the Ward Bird case he was well within his rights, although once again I would go back to my statement of confrontation and mixing firearms with that. I certainly do not find fault with him confronting a trespasser, showing he was packing probably wasn't necessary but again well within his rights to do so. Had I been in that situation I would not have shown any iron unless I was prepared to use it. In NH you don't need a permit for a gun unless you are carrying concealed.
Fleming on the other hand did fire a shot into the ground, I'll give him credit for not shooting the robber, but that is IHMO at minimum irresponsible and I would dare say border line reckless discharge of a weapon. Should he have gotten arrested, no, but I think his actions were not exactly smart either. What if the perpetrator was packing and next thing you know we've got a shootout between those guys? Over what, a burglary? Again I point to the idea that the situation could have escalated when it wasn't really a situation of life or death. Don't get me wrong here I'm happy that the robber was busted but the outcome could have been much different and I think that is the lesson to come out of a case like this.