New Hampshire man arrested for firing gun into ground while catching suspected burglar

reply to post by Domo1


In CHL classes, they always teach "shoot only to kill".

Basically, the other guy can't sue you then or testify.

We "have the right to bear arms", but we definitely don't really have the rights to use them. So strange. This is, indeed, very embarrassing.

reply to post by fictitious


The police no longer opertate under the (Protect and serve) policy, they Enforce the Laws. I was living in south Florida years ago and one Thangsgiving, was awakened by my dog barking , I lived on a canal and observed 5 YOUTHS trying to throw a cast net over my dog who was in the water barking at them as they were trespassing in a posted area, I went out in my pyjamas to resolve the situation and told them to F off, one went to his vehicle and my wife told me she saw him put a gun in his waist band under his shirt, the others continued to throw base ball sized rocks at me, I went inside and walked out with a pump shotgun, I told my wife to call 911 the police arrived and I was charged with agravated assault with a deadly weapon (shotgun) I never fired a shot or pointed it at anyone, I was arrested and taken to jail, I posted $17,000 bond and spent the next year defending my actions in court, my legal costs $20,000 and finally had to take a plea bargain to avoid a stiff jail sentence, the judge ordered me to DONATE $4000 to my favourite charity and I was placed on supervised probation for 6 months. whick I had dismissed after 2 months and had to pay legal fees to have the record expunged after 2 years, I complained to the Local Chief of Police and he told me " It's just Business" I put my property on the market two weeks after the original incident and moved from the state, as I refused to contribute my property taxes to assist in a twisted legal system, In all the court actions i was referred to as (The man in Black) the color of my pyjamas, I told the judge my wife bought them for me and said I looked "CUTE" in them.

reply to post by dreamstalker


Wow that is really insane. For some reason I'd always figured it was just fine and dandy to pull a gun on someone trespassing on your property. Shooting... I can understand some liberals having a big problem with that and sentenancing someone, but just yelling a trespassers! Wow. That is mind boggling.

Lucky for me, I'm in Texas. You can get away with murdering your neighbors' trespassers. Rightfully so. People need punishment...death always...no, but still. Citizens can't get away with any good deed while it's okay for cops to shot at unarmed grandmas and kids. It really is about time someone wiped out the human race. Most everyone has gone to crap. Save the ATSers! We seem like the only logical people left!

Texas man kills trespassers while on phone with 911

It's as if they are conditioning us to NOT attempt to protect ourselves. Leave everything up to the law...that will protect you, you're not capable of deciding what food you should eat, or what's best for your children, and you certainly aren't capable of waving a gun at your attackers....pfft

reply to post by benrl

I'm imagining the words of my CCW instructor...and they didn't even joke about witnesses because they weren't joking in the least when they said to insure we shoot to kill and kill what we shoot. WItnesses? Ouch... That kinda would turn a defense case into a major murder prosecution. lol..

Missouri has laws covering civil liability for a self defense shoot...but still. Laws are made to find a judge who'll rule over them anyway, right?

This other tidbit is among the gems I picked up as a cop's kid. Blood has an interesting property to it that isn't shared by every other liquid. It makes fingerprints almost impossible to get from a surface smeared and covered in it. Say........a kitchen knife the bad guy *WAS* holding when he charged a homeowner....inside their home of course..and forced the shoot which said homeowner tearfully explains to everyone they would have done anything to prevent being forced to do.

Originally posted by benrl
I wish CA had Castle laws, looking to move to a state that has them some time soon hopefully.

Although not specifically labeled a castle doctrine in California, we effectively DO have one. See CA PC 198.5....

Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred. As used in this section, great bodily injury means a significant or substantial physical injury.

The key point is that in California, stopping a threat that is in the act of committing a forcible felony against you, your family or those around you is a permissible use of lethal force. A home intruder has already committed the felony by entering your home while you are there. Before you pull the trigger however, you had better be 100% confident that you meet the legal definitions and be ready for the legal ramifications you WILL face. Oh, and there is legal precedent that states that a garage, attached or not, does not count as your home. Good to know.

This citizen violated one of the basic tenants of firearm use... Only point your weapon at something you are going to destroy. Warning shots are dangerous to you and everyone else in the area. That said, I personally don't think he should be looking at felony charges for his actions and will likely be able to plea it down to a misdemeanor public endangerment or something similar. I hope.

UPDATE: All charges against Mr. Flemming have been dropped. Win one for the citizen!

"The facts available at the scene on Saturday supported the charge of felony reckless conduct, but subsequent facts discovered since have led me to believe that such a charge under these circumstances would be unjust," the Strafford County attorney said in a statement.

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