Good for him. Good for the bike owner too!
What I want to know is how this guy didn't get in trouble. He fired a warning shot into the air. He also caught up with the thief and used the shotgun as a club and hit him in the leg. Well if he did get in trouble the news didn't report it. Maybe the cops are tired of tweakers and thanked him for teaching the thief a lesson?
Well God Bless him, he must be a fan of Robert Ruark and read Robert's book "Use EnoughGun".
"Life is hard, its even harder when you are stupid!"
Well, he shot into the air, which is not illegal from what I can tell. It would have been better if he defended himself with a shot to the BG's chest, but be that as it may... And since he was using the shotgun as a club, i.e. a non-lethal weapon, it doesn't seem like there is anything illegal about the ack of him using non-lethal means in an attempt to reclaim stolen property that was stolen from him in his view. According to the Constitution, if I remember correctly, every citizen has a duty to attemtp to stop any federal crimes happening that they saw themselves. Most people go the lazy and safe route and just remember what the guy looked like or the vehicle plates. This guy took a more proactive stance. Now, just because he isn't being charged with anything by the police doesn't mean that the BG cant sue him for assault or something.
One loves to possess arms, though they hope never to have occasion for them. Thomas Jefferson to George Washington, 1796.
If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun. - Dalai Lama (Seattle Times, 05-15-2001).
Find businesses that are pro gun and those that aren't. Support Friend or Foe by using it!
"...found...William Larsen, 48, hiding in a nearby bush by following a blood trail."
Was the blood a result of being whacked by the shotgun?
In any event, Home-owner 1, Thief 0.
Personally, I find it encouraging that they correctly identified the victim of the burglary as the victim.
"The man refused to stop, so the victim followed him in his truck.."
http://www.azleg.gov/FormatDocument....13&DocType=ARSThe use of deadly force (firing a shotgun in the air qualifies) isn't generally allowed in defense of property in AZ, and it sounded as though the incident happened inside the city limits.13-3107. Unlawful discharge of firearms; exceptions; classification; definitions
A. A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony.
B. Notwithstanding the fact that the offense involves the discharge of a deadly weapon, unless a dangerous offense is alleged and proven pursuant to section 13-704, subsection L, section 13-604 applies to this offense.
C. This section does not apply if the firearm is discharged:
1. As allowed pursuant to chapter 4 of this title.
2. On a properly supervised range.
3. To lawfully take wildlife during an open season established by the Arizona game and fish commission and subject to the limitations prescribed by title 17 and Arizona game and fish commission rules and orders. This paragraph does not prevent a city, town or county from adopting an ordinance or rule restricting the discharge of a firearm within one-fourth mile of an occupied structure. For purposes of this paragraph, "take" has the same meaning prescribed in section 17-101.
4. For the control of nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service.
5. By special permit of the chief of police of the municipality.
6. As required by an animal control officer in the performance of duties as specified in section 9-499.04.
7. Using blanks.
8. More than one mile from any occupied structure as defined in section 13-3101.
9. In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.
D. For the purposes of this section:
1. "Municipality" means any city or town and includes any property that is fully enclosed within the city or town.
2. "Properly supervised range" means a range that is any of the following:
(a) Operated by a club affiliated with the national rifle association of America, the amateur trapshooting association, the national skeet association or any other nationally recognized shooting organization, or by any public or private school.
(b) Approved by any agency of the federal government, this state or a county or city within which the range is located.
(c) Operated with adult supervision for shooting air or carbon dioxide gas operated guns, or for shooting in underground ranges on private or public property.
I'm happy the police chose to overlook it, but this could have easily resulted in felony charges for the victim.
As stated above, discharging a firearm in city limits is a wobbler felony, unless done in protection of life (or at authorized range). Using physical force to stop a property crime or apprehend a fleeing criminal is not illegal, as long as the force is 'reasonable'. batting practice with a shotgun to the leg is reasonable. Had he hit him in the head, things might have been different. Methinks the cops just gave him a waiver on the discharging charge.
Discharging in municipal boundaries is illegal, due to the general compactness of population increasing the dangers of unwanted targets being hit. Firing a 'warning shot' in the air is incredibly risky--what goes up, must come down, sometimes quite a ways away.
I'm glad the goodguy won, and that he wasn't scrutinized by the police.
Last edited by AZkopper; 10-30-2011 at 12:34 PM.
I keep it in my 12 because:
1) overpenetration doesn't exist
2) if it 'must come down' it does little to no harm
3) it is only effect at very close range; it loses energy fast
"The fourth man's dark, accusing song had scratched our comfort hard and long..."
"Be not intimidated ... nor suffer yourselves to be wheedled out of your Liberties by any pretense of Politeness, Delicacy, or Decency. These, as they are often used, are but three different names for Hypocrisy, Chicanery, and Cowardice." - John Adams
Tyranny with Manners is still Tyranny.
It ain't over 'till it's over. Just because the cops didn't arrest this guy, that doesn't mean that he's out of the woods. Check out the story of Margaret Vitale:What I want to know is how this guy didn't get in trouble.
That said, I have high hopes that Bill Montgomery, while tough, is also fair, and not inclined to go on witch-hunting sprees like the Grand Inquisitor of Maricopa County Andrew Thomas was. Hopefully, this man will not have his life turned upside down and destroyed.
Last edited by OldCurlyWolf; 11-07-2011 at 08:42 AM.
I won't be wronged, I won't be insulted, and I won't be laid a hand on. I don't do those things to other people and I require the same of them.
Politicians should serve two terms, one in office and one in prison.(borrowed from RioKid)