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Campfire Outfitter
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Campfire Outfitter
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You pull a gun you use it, you don't talk about it, and you don't go looking for trouble where there is none, and none of your business anyway... this wasn't at his house, it wasn't his property, but he say's he was scarred of the guy enough to try to scare him into submission... when all he had to do was call law enforcement...
Phil
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Campfire Ranger
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Campfire Ranger
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What's NH law concerning warning shots?
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Campfire Kahuna
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Campfire Kahuna
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In FL they are prohibited by law. Don't mean I wouldn't let a guy walk if the circumstances warranted it. But that could come back and bite me in the azz bad if I made a mistake or the SAO had a hard on for me.
George Orwell was a Prophet, not a novelist. Read 1984 and then look around you!
Old cat turd!
"Some men just need killing." ~ Clay Allison.
I am too old to fight but I can still pull a trigger. ~ Me
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Campfire Ranger
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Campfire Ranger
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So... if someone saw your wife being raped they should walk away, ain't none of their business?
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Campfire Outfitter
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Campfire Outfitter
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Geeze do any of you bother to read. He wasn't being threatend, no one was in harms way, NO ONE WAS BEING RAPED, and it wasn't his property.
Phil
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Campfire Outfitter
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Campfire Outfitter
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Per RSA 627:4
II. A person is justified in using deadly force upon another person when he reasonably believes that such other person: (a) Is about to use unlawful, deadly force against the actor or a third person; (b) Is likely to use any unlawful force against a person present while committing or attempting to commit a burglary; (c) Is committing or about to commit kidnapping or a forcible sex offense; or (d) Is likely to use any unlawful force in the commission of a felony against the actor within such actor's dwelling or its curtilage. II-a. A person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat shall not have committed a criminal act.
It is also worth noting that there is no duty to retreat in NH.
George
�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
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Campfire Outfitter
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So... if someone saw your wife being raped they should walk away, ain't none of their business? Rape is a deadly force encounter in NH. George
�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
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Campfire Outfitter
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Campfire Outfitter
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Geeze do any of you bother to read. He wasn't being threatend, no one was in harms way, NO ONE WAS BEING RAPED, and it wasn't his property.
Phil Yes, part of it was his property. Based on local coverage, this was a multiple residence hit. George
�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
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Campfire 'Bwana
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Campfire 'Bwana
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If the facts hold as in the PO then it looks like (b) might be justifiable cause.
The first time I shot myself in the head...
Meniere's Sucks Big Time!!!
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Campfire Outfitter
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If the facts hold as in the PO then it looks like (b) might be justifiable cause. Playing Devil's Advocate : Man comes out of window, bang....don't [bleep] move....How does "b" apply? George
�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Sep 2009
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Believe me, you're a whole lot less exited/pizzed than I am!
George I can only imagine, hats off to you LEO's for your resolve and ability to remain calm, your a better man than me. Gunner
Trump Won!
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Campfire Kahuna
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Campfire Kahuna
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So... if someone saw your wife being raped they should walk away, ain't none of their business? Rape is a Forcible Felony, the use of deadly force is allowed to be used in the cases of such, at least in FL. Forcible Felonies such as rape, robbery, burglary or kidnapping is covered in FL Statute.
George Orwell was a Prophet, not a novelist. Read 1984 and then look around you!
Old cat turd!
"Some men just need killing." ~ Clay Allison.
I am too old to fight but I can still pull a trigger. ~ Me
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Campfire Outfitter
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Campfire Outfitter
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If the facts hold as in the PO then it looks like (b) might be justifiable cause. Playing Devil's Advocate : Man comes out of window, bang....don't [bleep] move....How does "b" apply? George Now, OTOH and IIRC, the victim is in his 60s and has had some work done on his heart. He states that he "didn't think he could handle him physically". Any movement in his direction..... It's all in the wording . George
�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Dec 2000
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If the facts hold as in the PO then it looks like (b) might be justifiable cause. Playing Devil's Advocate : Man comes out of window, bang....don't [bleep] move....How does "b" apply? George (b) would apply as the guy coming out the window was committing a burglary. That said it would be hard to prove he knew he was committing a crime. That is why I said might. I might have done this differently. The warning shot sounds like it might be the problem causer in this one. But I was not there and my second guessing any part of this is not needed. Facts and truth would be what is needed in this case just like all others.
The first time I shot myself in the head...
Meniere's Sucks Big Time!!!
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Campfire Outfitter
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b) Is likely to use any unlawful force against a person present while committing or attempting to commit a burglary;
Let's concede the burg....it's the bold that might be the kicker (again, simply playing Devil's Advocate in this case..though I hate doing so).
George
BTW....next time the headline reads "Cop Fires Warning Shot to Deter Burglar from Running" I'll expect the "usual suspects" to back him based on their comments in this thread.
�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
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Campfire Kahuna
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Campfire Kahuna
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RIGHT George, what have YOU been smokin' tonight!
George Orwell was a Prophet, not a novelist. Read 1984 and then look around you!
Old cat turd!
"Some men just need killing." ~ Clay Allison.
I am too old to fight but I can still pull a trigger. ~ Me
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Campfire Outfitter
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T---Perhaps it's YOU who should re-read the posts at the beginning of the thread. Paying particularly close attention to Cheyenne defendiing what should be condemned. Uh, my post agreed with Mackay that it sounded like an inappropriate use of discretion. Unfortunately, there sometimes is a disconnect between what is legal/illegal and what is appropriate under the circumstances. The law should be in harmony with right and wrong, but sometimes it is not, because the law is a "one size fits all" codification. As long as the officer is acting within the bounds of the law, the penalty for an officer applying discretion inappropriately is disciplinary and/or administrative, not through civil redress by the "victim" or criminal action against the officer. If you read my body of work on this forum, you will see that I absolutely believe that officers must act within the bounds of law, and I don't mean stepping within a millimeter of the line, and I also believe that the judicious use of discretion is the hallmark of a good police officer. But, if someone says something is "illegal" and violative of rights because discretion is used inappropriately, s/he just doesn't understand the law.
Last edited by Cheyenne; 02/21/12.
"Don't believe everything you see on the Internet" - Abraham Lincoln
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Campfire Kahuna
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Campfire Kahuna
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AMEN that Sir, and right on the money.
George Orwell was a Prophet, not a novelist. Read 1984 and then look around you!
Old cat turd!
"Some men just need killing." ~ Clay Allison.
I am too old to fight but I can still pull a trigger. ~ Me
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Joined: Nov 2004
Posts: 6,510
Campfire Tracker
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OP
Campfire Tracker
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A 'warning shot' is considered 'deadly force'? I realize a gun can be but how is an intentional warning shot deadly force?
Also, most people in this thread it appears would be good to have as neighbors. A select few however, are apparently as useful as a burnt match.
NRA Lifer "It is curious that physical courage should be so common in the world and moral courage so rare." - Mark Twain "Everybody has principles... until they are an inconvenience." - Me
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Campfire Ranger
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Campfire Ranger
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This is why all 57 States need Castle Domain Law.
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