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Originally Posted by ishoot308
Something is definitely not right here... You can carry a holstered gun down main st legally without a carry permit! You have every right to protect your home and property and having a firearm in your hand or holstered when confronting a trespasser on your property is not illegal.
Unless I am completely missing something, this is a travesty of justice that I hope gathers attention and is overturned.
Dan
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I've been following this thread, and the related stories online and in the news. I've also been a big a fan of the 2nd amendment for some time as well.
You are correct that NH permits unconcealed open carry, and is basically a shall-issue concealed carry state.
Where this incident seems to get into a gray area is when Bird went from *carry* to *brandish*. I think that he is being overly prosecuted for this incident, and the punishment does not seem to fit the crime. And of course, none of us were there, so we are all speculating... My personal speculation though is that he might have over-reacted a bit. I am not sure that he truly felt reasonably threatened by this trespassing woman to warrant actually displaying a firearm.
FWIW, I've been in a similar situation to him on my own property a couple of times, including once when a couple of FBI special agents showed up looking for a previous owner of this property shortly after I purchased it. I was armed when I met them on the porch, and knew that these two guys in a big sedan didn't belong on my property, but did not immediately resort to brandishing the .45 (H&K USP-C) that was on my person.
As a gun owner and daily carryer you have (IMO) a responsibility to both brandish and use the weapon responsibly.
Overall, I support Bird and do not think a trespasser such as this woman has any case to file a claim as she did, but I also think that he would be wise in the future to not display any firearm unless he or another person on his property was being clearly threatened.