Wife just saw the business end of my neighbor's shotgun. LEOs inbound.

This is a discussion on Wife just saw the business end of my neighbor's shotgun. LEOs inbound. within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Originally Posted by kelcarry Classic two wrongs do not make one right. Loose dog is a no no and deserves a fine. Pointing the firearm ...

Page 4 of 13 FirstFirst 12345678 ... LastLast
Results 46 to 60 of 191
Like Tree157Likes

Thread: Wife just saw the business end of my neighbor's shotgun. LEOs inbound.

  1. #46
    Ex Member Array NotMallNinja's Avatar
    Join Date
    Aug 2012
    Location
    USA
    Posts
    413
    Quote Originally Posted by kelcarry View Post
    Classic two wrongs do not make one right. Loose dog is a no no and deserves a fine. Pointing the firearm when you are not in imminent danger (who is to say he was not--you? your wife? the dog? labradane is a big dog and if it bounded up to me with what I perceive as evil intentions who is to say?) is more than a no no and deserves jail time---brandishing is a crime, unless your neighbor can convince someone of the "imminent danger". Pointing it at your wife could also be more "he said, she said" so who knows. Prosecutor and judge will sort it all out and that will be that. As said before, you keep a dog leashed or contained 100% of time--bottom line is none of this would have happened if the dog had not gotten loose.
    The guy was in his house. He was not in danger from the loose dog and apparently the dog was not damaging anything. Also, none of this would not have happened if the guy was not drunk, picking up a shotgun, and pointing it in a menacing manner.

  2. Remove Ads

  3. #47
    Ex Member Array NotMallNinja's Avatar
    Join Date
    Aug 2012
    Location
    USA
    Posts
    413
    Quote Originally Posted by barstoolguru View Post
    NO; I didn't and like we say "there is more to the story then you think". Itís HIS house and he has a right to protect it so if there is trouble outside he has the right to defend his property. I am not saying he didn't over react; sounds like he did BUT it are still HIS house. Here we have a case of STAND YOUR GROUND; he has the right to be on his own property inside or out and has the right to safe guard it.
    You apparently missed this on page 1 of this thread:

    Quote Originally Posted by paramedic70002 View Post
    Yeah, we keep them in the back yard fence, she must have broken out somehow. She went out there to round up the dog, the source of his discontent. I get along well with the homeowner and his live in son, it's just this one, a visitor, who's the problem.
    The guy with the shotgun was NOT the homeowner. Stand your ground may not apply, particularly when it is NOT HIS HOUSE and HE (the visitor) was NOT in danger.

  4. #48
    Distinguished Member
    Array fastk9dad's Avatar
    Join Date
    Jan 2010
    Location
    Location: Location:
    Posts
    1,553
    Quote Originally Posted by barstoolguru View Post
    NO; I didn't and like we say "there is more to the story then you think". Itís HIS house and he has a right to protect it so if there is trouble outside he has the right to defend his property. I am not saying he didn't over react; sounds like he did BUT it are still HIS house. Here we have a case of STAND YOUR GROUND; he has the right to be on his own property inside or out and has the right to safe guard it.

    Articulate what he was defending his yard against, his petunias being peed on? Unless this loose dog was posting a threat or fighting with one of his animals or family members, to say he overreacted is the understatement of the year.
    goldmaster and tundra like this.
    "I got a lot of problems with you people!" - Frank Costanza

  5. #49
    Ex Member Array barstoolguru's Avatar
    Join Date
    Nov 2011
    Location
    under a rock in area 51
    Posts
    2,548
    Quote Originally Posted by NotMallNinja View Post
    You apparently missed this on page 1 of this thread:

    The guy with the shotgun was NOT the homeowner. Stand your ground may not apply, particularly when it is NOT HIS HOUSE and HE (the visitor) was NOT in danger.
    IF he is residing or even invited in the house and has legal right to be there then he has the right to protect the property. apparently you missed this part of the law

    A stand-your-ground law states that a person may use force in self-defense when there is reasonable belief of a threat, without an obligation to retreat first. In some cases, a person may use deadly force in public areas without a duty to retreat. Under these legal concepts, a person is justified in using deadly force in certain situations and the "stand your ground" law would be a defense or immunity to criminal charges and civil suit. The difference between immunity and a defense is that an immunity bars suit, charges, detention and arrest. A defense, such as an affirmative defense, permits a plaintiff or the state to seek civil damages or a criminal conviction but may offer mitigating circumstances that justifies the accused's conduct.
    Stand-your-ground law - Wikipedia, the free encyclopedia

  6. #50
    VIP Member
    Array OldVet's Avatar
    Join Date
    Nov 2009
    Location
    S. Florida, north of the Miami mess, south of the Mouse trap
    Posts
    14,576
    Quote Originally Posted by barstoolguru View Post
    NO; I didn't and like we say "there is more to the story then you think". Itís HIS house and he has a right to protect it so if there is trouble outside he has the right to defend his property. I am not saying he didn't over react; sounds like he did BUT it are still HIS house. Here we have a case of STAND YOUR GROUND; he has the right to be on his own property inside or out and has the right to safe guard it.

    Did he get arrested....? NO.... why.... because he was within his rights. You can file a case with the DA but it will get dropped due to lack of evidence. If it was me I would make a peace offering like a cake or something and take it over and apologize for the whole thing and make peace. Be the bigger man/woman and admit fault and put it behind you
    Defend it against what, a dog gnawing off the doorknob? This is very similar to the Zimmerman case--getting involved in something he didn't need to or have to, even though he had "the right" to be there. Escalation is the issue when you go to trouble instead of it coming to you.
    Retired USAF E-8. Avatar is OldVet from days long gone. Oh, to be young again.
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  7. #51
    Ex Member Array NotMallNinja's Avatar
    Join Date
    Aug 2012
    Location
    USA
    Posts
    413
    Quote Originally Posted by barstoolguru View Post
    IF he is residing or even invited in the house and has legal right to be there then he has the right to protect the property. apparently you missed this part of the law


    Stand-your-ground law - Wikipedia, the free encyclopedia
    Quote the statute and relevant case law for his state. Wikipedia is not a valid source.

  8. #52
    Ex Member Array barstoolguru's Avatar
    Join Date
    Nov 2011
    Location
    under a rock in area 51
    Posts
    2,548
    Quote Originally Posted by OldVet View Post
    Defend it against what, a dog gnawing off the doorknob? This is very similar to the Zimmerman case--getting involved in something he didn't need to or have to, even though he had "the right" to be there. Escalation is the issue when you go to trouble instead of it coming to you.
    Did I say he was morally right... no... Just legally!! IF anyone ever reads thoughts I post I always say "be the adult and defuse the situation". There is two ways to go about this, you can make a peace offering and smooth things over OR wait until next time something happens and hope he doesn't shoot the dog or someone else. I would find it hard to go to work knowing I had a resentful neighbor that could be a problem

  9. #53
    Distinguished Member Array Toorop's Avatar
    Join Date
    Apr 2010
    Location
    Midwest Area to be Precise.
    Posts
    1,206
    Quote Originally Posted by skew12 View Post
    That sounds like a bit muh for a neighbor to do. Hope it all is ok but I could honestly never let it lie that he pointed a gun at my wife for zero reason.
    Was it necessarily for zero reason? Some wild animal is running through his yard. And there is someone limping behind it and screaming at it? He might have assumed that the animal went crazy and attacked the owner and is now in his yard do he grabbed his defensive shotgun to check it out. From there he saw the owner start screaming at him and then he pointed it at her until he realized she was not a threat. There are many ways to look at the story.

  10. #54
    Ex Member Array barstoolguru's Avatar
    Join Date
    Nov 2011
    Location
    under a rock in area 51
    Posts
    2,548
    Quote Originally Posted by NotMallNinja View Post
    Quote the statute and relevant case law for his state. Wikipedia is not a valid source.
    really?

    Virginia is a "stand your ground" state. In Virginia the legal protections for for self-defense are in common law and case law.
    Virginia Self Defense Law -- A Stand Your Ground State

  11. #55
    Distinguished Member
    Array fastk9dad's Avatar
    Join Date
    Jan 2010
    Location
    Location: Location:
    Posts
    1,553
    Quote Originally Posted by barstoolguru View Post

    From the page you listed:

    As far as using, or threatening to use, deadly force to defend yourself (brandishing a firearm or shooting a firearm, for example), you can only do so if you, or an innocent third party, is in IMMEDIATE danger of death or grievous bodily harm.
    Look up Commonwealth v Alexander from VA, they ruled you cannot brandish a weapon solely in defense of personal property.
    "I got a lot of problems with you people!" - Frank Costanza

  12. #56
    Ex Member Array NotMallNinja's Avatar
    Join Date
    Aug 2012
    Location
    USA
    Posts
    413
    Virginia common law, IIRC, only permits deadly force to protect yourself or others when you reasonably fear death OR grievous bodily injury, NOT to protect your property/against a trespasser.

  13. #57
    Distinguished Member Array Toorop's Avatar
    Join Date
    Apr 2010
    Location
    Midwest Area to be Precise.
    Posts
    1,206
    Quote Originally Posted by OldVet View Post
    Did you miss this part: "He CAME OUT OF HIS HOUSE WHERE HE WAS SAFE to perform this stunt."

    No different than involving oneself in a situation where one should have been the "good witness."
    Shouldnt people be able to protect ther property and investigates the comings and goings on ther own property?
    9MMare likes this.

  14. #58
    Ex Member Array NotMallNinja's Avatar
    Join Date
    Aug 2012
    Location
    USA
    Posts
    413
    Quote Originally Posted by Toorop View Post
    Shouldnt people be able to protect ther property and investigates the comings and goings on ther own property?
    Not with a weapon to protect property in Virginia. See above posts.

  15. #59
    Ex Member Array NotMallNinja's Avatar
    Join Date
    Aug 2012
    Location
    USA
    Posts
    413
    Quote Originally Posted by barstoolguru View Post
    You may want to read what you post. Just saying...This is one of those where you post what you believe ought to be rather than what the law is.
    OD* likes this.

  16. #60
    Distinguished Member
    Array fastk9dad's Avatar
    Join Date
    Jan 2010
    Location
    Location: Location:
    Posts
    1,553
    Here is a good summary of VA firearm laws... http://www.piedmontnrainstructors.or...irearmsLaw.pdf

    Which also states:

    VII. DEFENSE OF PROPERTY

    A. A person has NO RIGHT TO USE DEADLY FORCE solely to defend his property. This applies where you
    are only defending your property and NOT defending yourself or your family. (example, you CANNOT shoot
    someone in the back while they are running across your yard with your TV)

    B. A person has NO RIGHT TO THREATEN THE USE OF DEADLY FORCE solely to defend his property.
    (This is a recent change in the law). (Example, you CANNOT brandish a firearm to run someone off who is
    breaking into your unoccupied car in a parking lot)
    "I got a lot of problems with you people!" - Frank Costanza

Page 4 of 13 FirstFirst 12345678 ... LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Search tags for this page

best shotgun for wife

,
fasht carry.com
,

i saw my neighbors shooting automatic weapons

,
my dog is missing after my neighbor threatened on facebook to shoot it
,
neighbor's wife threatened by me
,
shear my wife with my neighbor
,
shooting my load on my neighbors wife
,

smith and wesson 638

,
stupid neighbor shooting rifle in neighborhood
,
stupid neighbor woman dogs
,

who are you inbound neighbors

,
wife end dog
Click on a term to search for related topics.