Man Who Catches Burglar Potentially Facing Same Sentence as Burglar
- Thread starter David Karol
- Start date
Re: Man Who Catches Burglar Potentially Facing Same Sentence as Burglar
He wasn't defending his own property. Even in Texas a person cannot discharge a gun inside the city limits unless there is a sound legal reason to do so (ie: self defense).
Also, consider the source's choice of tone for the article.
He wasn't defending his own property. Even in Texas a person cannot discharge a gun inside the city limits unless there is a sound legal reason to do so (ie: self defense).
Also, consider the source's choice of tone for the article.
Re: Man Who Catches Burglar Potentially Facing Same Sentence as Burglar
Yes. While it is unlikely that he will see a felony conviction or jail time (and shouldn't, IMHO), it is immoral and irresponsible to draw a gun when not in imminent fear for your life. Even if the burglar were on his own property you cannot shoot someone just for stealing, legally or morally. So called "warning shots" are a waste of ammunition, and a symptom of not having fully thought through the implications behind using a firearm in self defense.
Yes. While it is unlikely that he will see a felony conviction or jail time (and shouldn't, IMHO), it is immoral and irresponsible to draw a gun when not in imminent fear for your life. Even if the burglar were on his own property you cannot shoot someone just for stealing, legally or morally. So called "warning shots" are a waste of ammunition, and a symptom of not having fully thought through the implications behind using a firearm in self defense.
Re: Man Who Catches Burglar Potentially Facing Same Sentence as Burglar
Hello,
Every State seems to have a different set of laws that cover the use of Guns. In Michigan, it is against most city laws to discharge a firearm, unless used for protection of life or property. The laws covering the protection of life are pretty liberal, and the burden is on the transgressor. The laws covering property are pretty strict.
If I were to find someone unknown and uninvited person inside my home, I would automatically assume that they're there to cause harm to me, my family members, or friends and would use deadly force.
Hammer
Hello,
Every State seems to have a different set of laws that cover the use of Guns. In Michigan, it is against most city laws to discharge a firearm, unless used for protection of life or property. The laws covering the protection of life are pretty liberal, and the burden is on the transgressor. The laws covering property are pretty strict.
If I were to find someone unknown and uninvited person inside my home, I would automatically assume that they're there to cause harm to me, my family members, or friends and would use deadly force.
Hammer
Re: Man Who Catches Burglar Potentially Facing Same Sentence as Burglar
I'd say he got the burglar's attention rather effectively... and established that it was not going to be a simple foot race.
The flaw in his defense is that the miscreant was not on his property, so any castle laws will not protect him from liability. Who knows if his neighbor was home and needed defending. I might be inclined to help my neighbors if I discovered a similar situation, lethal force would not be my first choice.
I hope he is not turned into a criminal by his actions, while I see the merit in the police making him an object lesson about not casually discharging firearms within a populated area. Self-help and a citizens arrest also seems completely appropriate in this case. Maybe he should have blown his police whistle and watched the thief run away.
He should be completely responsible for any damage he caused the ground where he fired.
JR
I'd say he got the burglar's attention rather effectively... and established that it was not going to be a simple foot race.
The flaw in his defense is that the miscreant was not on his property, so any castle laws will not protect him from liability. Who knows if his neighbor was home and needed defending. I might be inclined to help my neighbors if I discovered a similar situation, lethal force would not be my first choice.
I hope he is not turned into a criminal by his actions, while I see the merit in the police making him an object lesson about not casually discharging firearms within a populated area. Self-help and a citizens arrest also seems completely appropriate in this case. Maybe he should have blown his police whistle and watched the thief run away.
He should be completely responsible for any damage he caused the ground where he fired.
JR
Re: Man Who Catches Burglar Potentially Facing Same Sentence as Burglar
That's a non story. Its a 1st time offense. He'll get a misdemeanor conviction and zero time at worst. The thief hopefully will be treated more harshly.
The law is there for a darn good reason. I wish they'd use it and arrest my neighbors who shoot off their guns in the air on New Years Eve.
I haven't said or done anything. Don't really want to have a conversation with a drunk guy holding a loaded semi automatic weapon.
That's a non story. Its a 1st time offense. He'll get a misdemeanor conviction and zero time at worst. The thief hopefully will be treated more harshly.
The law is there for a darn good reason. I wish they'd use it and arrest my neighbors who shoot off their guns in the air on New Years Eve.
I haven't said or done anything. Don't really want to have a conversation with a drunk guy holding a loaded semi automatic weapon.
Re: Man Who Catches Burglar Potentially Facing Same Sentence as Burglar
You should call the police! Jesus Christ, man, those rounds are going to come down somewhere! What a bunch of assholes.
You should call the police! Jesus Christ, man, those rounds are going to come down somewhere! What a bunch of assholes.
Re: Man Who Catches Burglar Potentially Facing Same Sentence as Burglar
+1
Drunk and shooting a gun = Felony. It's the innocent that always seem to be hurt when there's stupid people doing stupid thngs.
hammer
+1
Drunk and shooting a gun = Felony. It's the innocent that always seem to be hurt when there's stupid people doing stupid thngs.
hammer
Re: Man Who Catches Burglar Potentially Facing Same Sentence as Burglar
The technical term is "redneck assholes" and calling the police on them is going to irritate the police and piss off the already IQ challenged miscreants. While I don't generally advocate appeasing bad behavior, I pick my personal fights carefully.
I appreciate the legal fireworks stands down here that do a good business around new years keeping the stimulation starved population entertained relatively harmlessly, and perhaps cheaper than ammo.
IIRC the new year eve gunfire was/is(?) a bit of a local tradition in detroit. Not sure if tradition there was to fire skyward or just directly at the neighbors.
JR
The technical term is "redneck assholes" and calling the police on them is going to irritate the police and piss off the already IQ challenged miscreants. While I don't generally advocate appeasing bad behavior, I pick my personal fights carefully.
I appreciate the legal fireworks stands down here that do a good business around new years keeping the stimulation starved population entertained relatively harmlessly, and perhaps cheaper than ammo.
IIRC the new year eve gunfire was/is(?) a bit of a local tradition in detroit. Not sure if tradition there was to fire skyward or just directly at the neighbors.
JR
Re: Man Who Catches Burglar Potentially Facing Same Sentence as Burglar
Nah...they fire at their neighbors anytime of the year... On New Years Eve they fire at chuch towers.
Hammer
IIRC the new year eve gunfire was/is(?) a bit of a local tradition in detroit. Not sure if tradition there was to fire skyward or just directly at the neighbors.
JR
Nah...they fire at their neighbors anytime of the year... On New Years Eve they fire at chuch towers.
Hammer
Re: Man Who Catches Burglar Potentially Facing Same Sentence as Burglar
He should have just killed the no good bastard.Saved us the time and money of a trial and incarcerating the thug.
He should have just killed the no good bastard.Saved us the time and money of a trial and incarcerating the thug.