New Hampshire man arrested for firing gun into ground - Page 2

SpiritOne · 02-22-2012, 06:14 AM

lol @threshold laws. I will parrot Helomech here, in that I really like Texas law. Castle doctrine allows for you to protect you and yours in your home and on your property, which by the way extends to your vehicle as well.

ImThAtGuY · 02-22-2012, 08:45 AM

Quote:

Originally Posted by bestatchess

This is what I Googled up:

631:3 Reckless Conduct. –
I. A person is guilty of reckless conduct if he recklessly engages in conduct which places or may place another in danger of serious bodily injury.
II. Reckless conduct is a class B felony if the person uses a deadly weapon as defined in RSA 625:11, V. All other reckless conduct is a misdemeanor.
III. A person convicted of a class B felony offense under this section shall not be subject to the provisions of RSA 651:2, II-g.

1. Shooting into the ground was not reckless, it was a carefully calculated action which led to the surrender of a dangerous felon. 2. Shooting into the ground did not place anyone in danger of serious bodily injury.

If that is the correct statute, fire the cop and give the ground shooter a ticker-tape parade.

I mean your right but that's what the united states is coming to. Charging people with bull**** . There was a man on a cbr 1000 doing wheelies and speeding an off duty cop pulled I'm over and pulled his gun on the guy . The guy on the bike had a helmet cam and posted the video on YouTube. Now there charging him with wiretapping!!! Really? But that just goes to show you

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Bootzon · 02-22-2012, 11:04 PM

This case has just hit a whole new level of concern for me.

According to a Fox News report, " Fleming's collection of seven rifles and a .38-caliber handgun were seized by police. But Fleming said he's not entirely defenseless: "I've got a Louisville Slugger here, but I would call the police," he said.

Read more: New Hampshire Man Arrested For Firing Gun Into Ground While Catching Suspected Burglar | Fox News

It is an outrage that he was arrested in the first place, but then to seize his other guns leaves me speechless. Can somebody explain why? Unless he was a convicted felon already and possessed the guns illegally, what legal mechanism allowed them to do that?

What is the message to be taken from this?

**Frank N** · 02-23-2012, 02:02 AM

More here.
Law, common sense at play in Farmington gun arrest | New Hampshire NEWS03

I get the seizing of someones guns AFTER being charged with a crime involving firearms, they will be returned when the charges are dropped, it's a blanket law regarding firearms, that is logical, what is not logical was a warrant for his arrest in the first place.

gusman · 02-23-2012, 04:40 AM

And the pussification of America continues. All these damn liberals. Soon a high-5 is going to get you 7-10 for assault and battery...

Bootzon · 02-23-2012, 10:19 AM

Quote:

Originally Posted by Frank N

I get the seizing of someones guns AFTER being charged with a crime involving firearms, they will be returned when the charges are dropped, it's a blanket law regarding firearms, that is logical, what is not logical was a warrant for his arrest in the first place.

There's a couple of problems here with what you said.

1. Normally when you are deemed to have violated gun laws to the extent that you have your firearms siezed, your name goes on the national data base to prevent you from legally buying guns in the future. Getting your name removed from that list even after being exonerated, is difficult and costly and therefore unobtainable for many.

2. Getting your firearms back in the first place can be difficult.

I quarrel with your assertion that the blanket law is logical. I understand your point that the government should be able to remove firearms from dangerous
people. The problem is... WHO and under what guidelines will determine which people should have their second amendment rights invalidated?

This case highlights the problem and the potential abuse of "blanket" laws. The road to Hell is paved with good intentions, and sometimes agendas are disguised as good intentions.

Was there no option to charge him with a misdemeanor if you were determined to charge him?

Let's follow the money for a moment. Should he not get his guns back, what happens to them? Normally they are sold and the agency that confiscated the items receive the proceeds. So consfiscation in the real world means revenue enhancements for the agencies involved. When faced with budget shortfalls, what do you think law enforcement policies will be? Law enforcement agencies
all over the country are confiscating everything they can concievably lay a claim to knowing that the numbers say that the more you confiscate, the more you keep.

This isn't an indictment of the agencies, it's the laws that cause this. They, in most cases, are simply trying to the best of their ability to use all the tools in the toolbox for the benefit of their department. Nothing dishonorable about that. The problem is that the laws favor the "greater good" of law enforcement over the rights of the individual citizen. This inevitably will lead to tyrany, it's human nature.

I have said for some time now that the writers of the US Constitution did their best to make a system that would be resistant to human nature. It's up to us citizens to maintain that system if we wish to keep our freedom from tyrany.

**Frank N** · 02-23-2012, 03:11 PM

Fair enough Bootz, well said

Good news

The DA dropped charges

Farmington man won't face felony gun charge for stopping burglary suspect | New Hampshire NEWS03

**OneQuick06** · 02-23-2012, 03:24 PM

Told yall it wouldn't stick.

**Frank N** · 02-23-2012, 03:55 PM

Quote:

Originally Posted by OneQuick06

Told yall it wouldn't stick.

Clairvoyant you are... now send me next weeks lottery numbers

Bootzon · 02-23-2012, 05:30 PM

No mention when or if they have plans to return his guns and make sure he isn't on the federal "no buy" datebase. I hope things don't take a turn for the worse when the national spotlight is no longer illuminating his delima. I wonder if they would have dropped the charges if the national media hadn't picked up his story? I think the official response sent very mixed messages.

Prestige Worldwide · 02-23-2012, 06:53 PM

Quote:

Originally Posted by Frank N

Fair enough Bootz, well said

Good news

The DA dropped charges

Farmington man won't face felony gun charge for stopping burglary suspect | New Hampshire NEWS03

Thanks for the update Frank. WOOHOO!!!