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NH man arrested for firing gun to catch burglar
Posted: Tue Feb 21, 2012 2:23 pm
by texanron
http://www.foxnews.com/us/2012/02/21/ne ... r-burglar/
What a difference between this incident and the one that happened in Bellaire, Texas not that long ago!
Re: NH man arrested for firing gun to catch burglar
Posted: Tue Feb 21, 2012 2:46 pm
by Keith B
The New Hampshire Castle Doctrine was just expanded last year, and the veto of the Governor had to be overridden by the Legislature. It is not near as broad on what and how you can protect as Texas. Here is the text.
http://www.gencourt.state.nh.us/legisla ... B0088.html" onclick="window.open(this.href);return false;
EDIT TO ADD: The New Hampshire law only defines defense of a person, not property, so he is going to have to prove he had to use self defense. This may be a tough one to beat.
Re: NH man arrested for firing gun to catch burglar
Posted: Tue Feb 21, 2012 2:58 pm
by jmra
Just read this a few minutes ago. I'm not a huge fan of warning shots but for this guy to be facing the same sentence as the BG he stopped and held for police is mind boggling.
Re: NH man arrested for firing gun to catch burglar
Posted: Tue Feb 21, 2012 3:24 pm
by RoyGBiv
I'm gonna wager that the public outcry will be sufficient to see the charges dismissed.
The GG will pay in legal fees, but I'm betting the charges are dropped within the week.
Re: NH man arrested for firing gun to catch burglar
Posted: Tue Feb 21, 2012 4:26 pm
by Pawpaw
Just more evidence that warning shots should go to center mass.
Re: NH man arrested for firing gun to catch burglar
Posted: Tue Feb 21, 2012 5:04 pm
by fickman
My guideline is:
- Showing (drawing / aiming) a firearm is threatening the use of deadly force
- Firing a firearm is using deadly force
If it's enough of a threat to pull the trigger (use deadly force), then I want it aimed at the threat. If the threat doesn't yet merit deadly force, then I have no business pulling the trigger.
In this story:
Drawing a firearm and telling him to freeze lets the BG know you're serious. You don't need to add a punctuation mark on that. If he flees, then he's not a threat, and the police can come and do their detective work.
I do feel for this victim. I hope the DA decreases the charges but I wouldn't object if he ends up paying a misdemeanor fine and the lesson for the entire gun community is reinforced a little.
Re: NH man arrested for firing gun to catch burglar
Posted: Tue Feb 21, 2012 9:04 pm
by WildBill
fickman wrote:I do feel for this victim. I hope the DA decreases the charges but I wouldn't object if he ends up paying a misdemeanor fine and the lesson for the entire gun community is reinforced a little.
In principle, this might a fine wouldn't be his only punishment. If you did the same thing you would lose your CHL for five years. If the "lesser charge" was Disorderly Conduct you would be permanently banned from having a CHL. While his action was ill advised, I don't think he should have been charged.
Re: NH man arrested for firing gun to catch burglar
Posted: Wed Feb 22, 2012 3:27 pm
by sugar land dave
Quite a different outcome from the man who did the same in the west university area of houston.
Re: NH man arrested for firing gun to catch burglar
Posted: Wed Feb 22, 2012 3:49 pm
by RoyGBiv
sugar land dave wrote:Quite a different outcome from the man who did the same in the west university area of houston.
Not all states recognize an individuals right to use deadly force to protect property.
IMO, such force would not only would protect property, but also stop/reduce future crime (although not a justification in itself).
CHL-16 wrote:PC ยง9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
Re: NH man arrested for firing gun to catch burglar
Posted: Wed Feb 22, 2012 5:55 pm
by tommyg
New Hampshire has a governor that is worse than anti his Name is John Lynch
Most Leo think that they are down south in Boston when it comes to guns
It is easy to get a New Hampshire permit to carry
Harassment is the rule rather than the exception for carry with permit
The Leo will come up with this "The gun concerns me greatly"
"What are you doing with this do youu feel threatned"
Count on having your car searched.
They will usually pull a gun on you as soon as they find out you have one.
New Hampshire is not Ma but the Leo thinks it is
Native Texas : Moved to New Hampshiee Came back to the native land of Texas
Re: NH man arrested for firing gun to catch burglar
Posted: Wed Feb 22, 2012 11:05 pm
by 03Lightningrocks
tommyg wrote:New Hampshire has a governor that is worse than anti his Name is John Lynch
Most Leo think that they are down south in Boston when it comes to guns
It is easy to get a New Hampshire permit to carry
Harassment is the rule rather than the exception for carry with permit
The Leo will come up with this "The gun concerns me greatly"
"What are you doing with this do youu feel threatned"
Count on having your car searched.
They will usually pull a gun on you as soon as they find out you have one.
New Hampshire is not Ma but the Leo thinks it is
Native Texas : Moved to New Hampshiee Came back to the native land of Texas
I am pretty sure I would not last long in New Hampshire.
Re: NH man arrested for firing gun to catch burglar
Posted: Wed Feb 22, 2012 11:26 pm
by powerboatr
tommyg wrote:New Hampshire has a governor that is worse than anti his Name is John Lynch
Most Leo think that they are down south in Boston when it comes to guns
It is easy to get a New Hampshire permit to carry
Harassment is the rule rather than the exception for carry with permit
The Leo will come up with this "The gun concerns me greatly"
"What are you doing with this do youu feel threatned"
Count on having your car searched.
They will usually pull a gun on you as soon as they find out you have one.
New Hampshire is not Ma but the Leo thinks it is
Native Texas : Moved to New Hampshiee Came back to the native land of Texas
that sounds like jacksonville florida back in the late 80 and early 90's
lots of folks got removed from their cars via the window
if you were military it was more often followed by a trip to the pokey.
Re: NH man arrested for firing gun to catch burglar
Posted: Thu Feb 23, 2012 12:00 pm
by TxD
Here is an update:
"Charges dropped against Farmington man who detained alleged burglar."
More here:
http://www.unionleader.com/article/2012 ... /120229969" onclick="window.open(this.href);return false;
Re: NH man arrested for firing gun to catch burglar
Posted: Thu Feb 23, 2012 12:07 pm
by Keith B
