Man who killed intruder gets 4 years probation

This is a discussion on Man who killed intruder gets 4 years probation within the Home (And Away From Home) Defense Discussion forums, part of the Related Topics category; Here is a scenario for thought. http://www.naplesnews.com/news/2009/...your-ground-l/ http://www.naplesnews.com/news/2010/...n-killed-teen/ Misener killed 19-year-old Patrick Hutchinson on March 20, 2009, after catching the teenager on his Willoughby Drive ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 17

Thread: Man who killed intruder gets 4 years probation

  1. #1
    Member
    Array rigel42's Avatar
    Join Date
    May 2010
    Location
    Austin, TX
    Posts
    473

    Man who killed intruder gets 4 years probation

    Here is a scenario for thought.
    http://www.naplesnews.com/news/2009/...your-ground-l/
    http://www.naplesnews.com/news/2010/...n-killed-teen/

    Misener killed 19-year-old Patrick Hutchinson on March 20, 2009, after catching the teenager on his Willoughby Drive property around 4:30 a.m., exiting the nearby family camper. Misener told law enforcement he confronted Hutchinson with a shotgun and pulled the trigger when the teen lunged at him
    .

    He was convicted of possessing a “sawed-off Shotgun” and received 4 years probation. Just like everything, I’m sure there is more to the story then we’ll ever hear. IMO, I do believe this used to be “Growhouse” and the 19 year old was trying to steal drugs. Anyway, something to read while winding down a Friday afternoon.

  2. Remove Ads

  3. #2
    VIP Member Array Janq's Avatar
    Join Date
    Nov 2005
    Posts
    6,781
    Criminal defending against a criminal, while both acting criminally.

    "Sterlin F. Misener Jr. had faced a maximum 15 years in prison if convicted of the charge, possessing a sawed-off shotgun."

    He does not get a pass for possessing an unlawful weapon.
    No longer is this a 'firearm' as shotguns modified in length below limits be it barrel or OAL are deemed to be non-useful for sporting purposes.

    Forget about the unsubstantiated "grow house" statements by other criminals, in this specific current case...The homeowner would have in the clear had he thought to grab a legal to posses gun..Or stopped by a pawn shop and picked up same as used for like $100.
    It is far cheaper to do that than to now have lost his gun, his rights, pay attorney fees and to have his name ruined in the press for ever.

    It's too easy to just act right.

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  4. #3
    VIP Member Array zacii's Avatar
    Join Date
    Apr 2009
    Location
    arizona
    Posts
    3,749
    +1 Janq.

    How easy is it to just possess a legal shotgun? For $$$ less than a new TV, one can purchase a very efficient HD shotgun.
    Trust in God and keep your powder dry

    "A heavily armed citizenry is not about overthrowing the government; it is about preventing the government from overthrowing liberty. A people stripped of their right of self defense is defenseless against their own government." -source

  5. #4
    VIP Member Array Janq's Avatar
    Join Date
    Nov 2005
    Posts
    6,781
    And even if he just had to have an SBS...he could have paid $200 and filled out the appropriate paperwork for same, which would be far less expensive than this result.

    - Janq owns a legal SBS, for HD purpose
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  6. #5
    VIP Member Array Guantes's Avatar
    Join Date
    May 2010
    Location
    Idaho
    Posts
    5,272
    Those who would spend a thousand or two on mag wheels, would often not even consider two hundred to own a modified weapon legally.

  7. #6
    VIP Member Array automatic slim's Avatar
    Join Date
    Jul 2008
    Location
    The western edge of The Confederacy
    Posts
    2,198
    Quote Originally Posted by zacii View Post
    +1 Janq.

    How easy is it to just possess a legal shotgun? For $$$ less than a new TV, one can purchase a very efficient HD shotgun.
    Actually factory produced shortened shotguns classified as AOW (any other weapon) can be had for a mere $5 tax.
    "First gallant South Carolina nobly made the stand."
    Edge of Darkness

  8. #7
    VIP Member Array Janq's Avatar
    Join Date
    Nov 2005
    Posts
    6,781
    Quote Originally Posted by automatic slim View Post
    Actually factory produced shortened shotguns classified as AOW (any other weapon) can be had for a mere $5 tax.
    Yes but an AOW is not a "Short Barrel Shotgun" which is a $200 tax stamp.
    This person has as reported a "sawed off [barrel] shotgun" thus the topic of SBS, rather than AOW.

    Also an AOW as a serious HD tool...Not so much. Not impossible but muchless practical than an SBS.

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  9. #8
    Distinguished Member Array Colin's Avatar
    Join Date
    Feb 2006
    Location
    Vancouver, Canada
    Posts
    1,862
    So a sawed off barrel in the US is one done by an individual? Here in Canada even if the gunsmith does it properly and puts sights on, etc, it's prohibited unless he has a manufacturing licence. Even if you were to have a gunsmith cut a 20” Mossberg 590 to 18.5” it would still be prohibited. Stunningly stupid, but it’s the law.

    My friend got no end of grief for have a 16” 870 that he bought legally, finally had to turn the barrel in as it had been cut down by the Quebec police, who later surplused the gun and sold it thinking it was legal. Seem the police didn’t have the correct licence to cut the barrel either. The wonderful things the Canadian firearms centre wastes money!

  10. #9
    VIP Member Array Janq's Avatar
    Join Date
    Nov 2005
    Posts
    6,781
    It's restricted here as well Colin; As below the federal law (National Firearms Act) limitation of barrel length.
    Be it by a gunsmith, a Joe Blow with a hacksaw or as manufactured.

    It requires a federal NFA permit aka 'tax stamp'...And has attached to it specific limitations as related to possession (not travel with it outside of your state without prior notice _and_ responding permission by the BATFE).

    Where as at state law level things can and do vary as _overlapping_ , to mean in addition to not as superseding or in lieu of_, federal law.
    Here in the US by well known been in place Federal law since 1934 (!) if you possess a shotgun with a barrel shorter than 18 (eighteen) inches, without any regard to how it got that way or who did what when as it was transferred to you, AND you do not possess a BATFE tax stamp (permit) for that gun...Then you are committing a federal felony gun crime. Period end of story, no debate nor if's and buts.
    Additionally most every state I'm aware of have on their books laws to reflect same...And even of those that might not it does not matter at all because federal law overlaps and precedes that of state law. So there is no ohh bbbut what about...side angle.

    Manufacturers here widely and generally manufacture shotguns barrels to an 18.5" inch length for sake of being well within the minimum barrel length law.
    Those few that manufacture barrels (not cut down) as below the limit must do same as we citizens and secure an appropriate tax stamp _per barrel_ and those barrels are serialized for that same paperwork process to the receivers that they are to be mated to.

    I have in my possession a factory manufactured as new law enforcement division short barrel shotgun.
    I am the first owner and second transferee, behind Maverick arms (Mossberg). I have in my possession a valid BATFE tax stamp allowing me to possess both the barrel AND the specific serialized receiver as to be mated to that barrel. I can never place that barrel to any other receiver than the one that it is serialized to, by federal law. This too is clear among the tax stamp documentation.
    I also have copy of all the tax stamp paperwork and production lot documentation from time of initial manufacture and up to barrel attachment to a given receiver serial...All of this documented to the BATFE and provided to me under special circumstance by Mossberg Co. as related to my being able to end user purchase and possess the firearm.

    Things are no different here than what you describe of Canada.

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  11. #10
    VIP Member Array chiefjason's Avatar
    Join Date
    Jul 2009
    Location
    Hickory, NC
    Posts
    2,737
    Mine's cut to 18 1/2. Did it on the kitchen table. The thought of an SBS is cool. I just can't justify spending the money on it. Not enough of a gain for me, but my wife prefers an adjustable stock to the pistol grip anyway.

    Ignorance of the law is not a defense.
    I prefer to live dangerously free than safely caged!

    "Our houses are protected by the good Lord and a gun. And you might meet 'em both if you show up here not welcome son." Josh Thompson "Way Out Here"

  12. #11
    VIP Member Array SIGguy229's Avatar
    Join Date
    Mar 2006
    Location
    Kommie-fornia-stan
    Posts
    7,036
    Another reason NFA should be repealed....the whole "sporting purpose"-thing is a red herring....
    Magazine <> clip - know the difference

    martyr is a fancy name for crappy fighter
    You have never lived until you have almost died. For those that have fought for it, life has a special flavor the protected will never know

  13. #12
    VIP Member Array zacii's Avatar
    Join Date
    Apr 2009
    Location
    arizona
    Posts
    3,749
    Quote Originally Posted by SIGguy229 View Post
    Another reason NFA should be repealed....the whole "sporting purpose"-thing is a red herring....
    True. The lethal difference between a 14" and and 18.5" is unmeasurable. It's just a personal handling preference. One may prefer the handling characteristics of one over the other, but in the end, the poor sap on the receiving end is just as dead.
    Trust in God and keep your powder dry

    "A heavily armed citizenry is not about overthrowing the government; it is about preventing the government from overthrowing liberty. A people stripped of their right of self defense is defenseless against their own government." -source

  14. #13
    VIP Member Array paramedic70002's Avatar
    Join Date
    Jun 2006
    Location
    Franklin, VA
    Posts
    5,119
    The whole SBS argument goes flat when you think "Taurus Judge."
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

  15. #14
    Ex Member
    Array 1 old 0311's Avatar
    Join Date
    Jun 2010
    Location
    Earth
    Posts
    2,429
    Quote Originally Posted by paramedic70002 View Post
    The whole SBS argument goes flat when you think "Taurus Judge."

    EXCELLENT point!

  16. #15
    VIP Member Array Guantes's Avatar
    Join Date
    May 2010
    Location
    Idaho
    Posts
    5,272
    Maybe one of our NFA experts could comment, but IIRC, if the Judge were a smooth bore it would be illegal.

Page 1 of 2 12 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
  •  

Similar Threads

  1. Bad Man charged with Murder (intruder killed) UK
    By Tint Bob in forum In the News: The Good, the Bad and the Ugly
    Replies: 13
    Last Post: October 28th, 2009, 01:17 PM
  2. Intruder Killed by legal pistol (Oswego, NY)
    By fatcat in forum In the News: The Good, the Bad and the Ugly
    Replies: 7
    Last Post: October 21st, 2009, 11:28 AM
  3. Bad: Intruder wrestled away victim's gun after getting shot and killed one of them
    By razz in forum In the News: The Good, the Bad and the Ugly
    Replies: 9
    Last Post: December 1st, 2008, 02:35 PM
  4. Intruder killed by homeowner
    By redrick in forum In the News: The Good, the Bad and the Ugly
    Replies: 3
    Last Post: January 13th, 2008, 11:25 AM
  5. Intruder Killed by Fayetteville Homeowner
    By craze in forum In the News: The Good, the Bad and the Ugly
    Replies: 37
    Last Post: May 27th, 2007, 10:27 PM

Search tags for this page

is it illegal to posses a sawed off barrel

,
killed by taurus judge
,

man gets shot with taurus judge

,

man killed by taurus judge

,

man shot by taurus judge

,

man shot with taurus judge

,
person shot by taurus judge
,

person shot with taurus judge

,
taurus judge canada legal
,

taurus judge killed

,

taurus judge kills

,
taurus judge kills intruder
Click on a term to search for related topics.