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 NotMallNinja Not with a weapon to protect property in Virginia. See above posts. But if he felt threatened by a strange dog ...
Actually, the fact of the matter is: none of you were there. The information you do have comes from a third party that has a vested interest in the outcome of the case. I'm not calling anyone a liar, but this is only half the story.
'Fortes Fortuna Juvat'
SUggest the dog is better restrained in the future.
English is my second language, I have been told my use of it is harsh, apologies if this is the matter.
You know what stops a bad guy with a gun? A good guy with a gun
Now suppose the sound he heard was a 5 year old retrieving a ball that he accidentally kicked into the yard, maybe it bounced off the house and landed in the bushes. Is his response still appropriate, after all he is just "investigating."
Look out the damn windows, listen for more noise. Usually the noises I hear are the delivery drivers leaving packages, they can be thumps and bumps against the house, my first reaction isn't to gear up and go outside. And if it is an "attack" the cover inside my house sure beats me walking out into the unknown where their may be multiple assailants.
"I got a lot of problems with you people!" - Frank Costanza
Give us a link to strengthen your argument. I personally don't remember reading anything that says you are NOT under blanket of the law if you have a weapon while investigating a problem!
Yes it does, a 5 year old or a 55 year old; they are unauthorized intruders. So what if he hears a noise and doesn't see anyone does it make the noise any less menacing? "Reasonable fear" is the bases; who is to say what that is? Reasonable fear to a 28 year old marine is different from reasonable fear from an 80 year old woman.Now suppose the sound he heard was a 5 year old retrieving a ball that he accidentally kicked into the yard, maybe it bounced off the house and landed in the bushes. Is his response still appropriate, after all he is just "investigating."
My metal band: Born under Sirius
Glock 23, mic holster, clipdraw, abdominal carry.
State v. Morgan, 3 Ired. 186, 38 Am. Dec. 714, held that ""You may not kill, because you cannot otherwise effect your object, although the object sought to be effected is right. You can only kill to save life or limb, or prevent a great crime, or to accomplish a necessary public duty." [Emphasis Added by Me]
Commonwealth v. Alexander, 260 Va. 238, 242, 531 S.E.2d 567, ___ (2000) stated "However, the defendant contends, and the Court of Appeals held, that these principles do not apply when there is a mere threat to use deadly force in protection of ersonal property. We do not agree. Moreover, the owner of land has no right to assault a mere trespasser with a deadly weapon. Montgomery, 98 Va. at 844, 36 S.E. at 373. For these reasons, we agree with the trial court that a deadly weapon may not be
brandished solely in defense of personal property. [Emphasis Added by Me]
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