New Hampshire man arrested for firing gun into ground while catching suspected burglar
By Joshua Rhett Miller
Published February 21, 2012
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A New Hampshire man who fired his handgun into the ground to scare an alleged burglar he caught crawling out of a neighbor’s window is now facing a felony charge — and the same potential prison sentence as the man he stopped.
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Penny Dean, a spokeswoman for the Gun Owners of New Hampshire, said her organization is “absolutely outraged” by Fleming’s arrest.
“This homeowner fired at the ground, from all accounts, in a safe direction and held a burglar for police and did things correctly,” Dean told FoxNews.com. “The fact that this man would be charged is an outrage. Burglars in New Hampshire must know it’s open season, since homeowners cannot defend themselves, as evidenced by this case. This is charging the victim.”
Rick Pelkey, Fleming’s longtime neighbor, said he’s now worried how the “straight-forward, working-class guy” will pay legal fees associated with the arrest.
“I think it’s outrageous,” Pelkey told FoxNews.com. “He did the community a service here. We ought to thank him for it.”
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>Is NJ next, and NC?
That’s already illegal in NJ. Every municipality has laws about discharges in developed areas. That why I can not use my 45 on the tree rats!
He did a few things wrong.
First, that’s probably not a safe shot. Richocet? What’s in the ground in a developed area?
Only in the movies, does that work. Waving guns at bad guys and warning shots. Like shooting the gun out of someone’s hand. Theatrics. Decide that you’re willing to use deadly force, draw, take your stance, then cover the target, breath control, and sqeeeeze.
Once you’ve drawn your gun, you’ve basically decided to fire.
Second, he should have waited, gotten the guy coming towards him, and then nailed him. And kept firing till the gun was empty. And, hopefully the perp was dead.
Sad to say, but then there’s only one side of the story to tell. And, deadly force to save your life or the life of another is always per se justifiable.
It’s akin to the “shoot shovel and shutup” strategy.
And, in NH too!
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