This is a discussion on Garner NC - man cited for firing gun within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Garner Police cite man for violating gun law after he shot at prowler | NBC17.com I wonder if the one would-be-robber was also cited for ...
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Garner Police cite man for violating gun law after he shot at prowler | NBC17.com
I wonder if the one would-be-robber was also cited for firing his weapons at the resident. I have a big issue with a city ordinance that makes no sense. So, a law abiding citizen in the State of NC has the right to keep a weapon at home, or even carry it around the city of Garner, but the moment he/she uses it for self-defense he/she is breaking the law. It makes no darn sense.
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It's a stupid ordinance the way that it is written, but once again Mr Whitaker volunteered the information that the police used to charge him...
The Garner police responded to a break-in in progress at a home on Nellane Drive. Whitaker told them one of the prowlers had fired a shot at him and he returned fire with his shotgun.
It shouldn't be that way but it is. You think you're the good guy and you probably are. You think there's nothing wrong with giving your story to the police because the law is on the side of the good guys. Only after you are charged do you realize that calling your lawyer and saying as little as possible after a shooting incident is probably the best thing to do.
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Too bad the police can't read their own municipal codes.
Garner, North Carolina, Code of Ordinances >> PART I - GENERAL ORDINANCES >> Chapter 18 - WEAPONS AND EXPLOSIVES >> ARTICLE I. - IN GENERAL >>
Sec. 18-1. - Discharge of firearms; seizure of firearms; applicability of section.
(a)
It shall be unlawful for any person to shoot or discharge within the corporate limits of the town or on any town-owned property any gun, pistol or other firearm, or air rifle, pellet gun, BB gun, or similar device, by whatever name, for throwing a metal projectile by use of spring action or compressed air; provided, however, that this paragraph does not prohibit the discharge of firearms by any law enforcement officer in the discharge of his duty, including the shooting of birds, animals or reptiles as set forth in section 3-13(b) and (c).
(b)
Any town policeman is hereby authorized to seize and hold subject to court order any such gun, pistol or other firearm which shall have been shot or discharged within the town in violation of this section.
(c)
The provisions of this section shall not be construed to prohibit the discharge of firearms either during the course of instruction in their use by the police department of the town or on a firing range after inspection and approval of the use of such range by the chief of police from the standpoint of public safety, or to the firing of firearms without projectiles in organized educational, entertainment, instructional or ceremonial events, sponsored by the Garner Parks and Recreations Department. Such inspection and approval shall be evidenced by a written permit issued by the chief to the applicant, and the chief shall impose any condition or conditions upon the use of such range deemed by him to be necessary and prudent with due regard to life, property and public safety. Such permit shall be revocable by the chief upon a finding by him that the permit holder is not exercising the privilege of such permit in a careful and prudent manner and with due regard to life and property.
(d)
The provisions of this section shall not be construed to prohibit the lawful discharge of a firearm by any lawful officer in the discharge of his duty or by any person in the lawful defense of persons and property.
NOTE THE BOLDED UNDERLINED SECTION>
My guess is he'll get an "Oops we're sorry letter and a be careful what you do speech.
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Thanks for taking the time to look the ordinance up. That certainly thickens the stew.
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I hope the DA drops the charges before the man has to get a lawyer..
I smell money here...
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Important note: First defend your home like this...then do this...
until your lawyer arrives.OMO
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And police wonder why/how they alienate themselves with so many citizens....They say there is no self-defense exception in Garner’s gun ordinance. Only a law enforcement officer may fire a weapon within town limits according to the local code.
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Hopefully, the Court will toss out the case against Mr. Whitaker. Also, someone might suggest some re-training is in order for the Garner PD.
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"They say there is no self-defense exception in Garner’s gun ordinance. Only a law enforcement officer may fire a weapon within town limits according to the local code."
So Garner code over rules State Legislation.
"The provisions of this section shall not be construed to prohibit the lawful discharge of a firearm by any lawful officer in the discharge of his duty or by any person in the lawful defense of persons and property."
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SURPRISE SURPRISE SURPRISE Seems the news reporter didn't have all the facts. Garner police have verified that yes, you can discharge a firearm in self defense (as I had posted above) but it seems our home owner may not have been shooting in justifiable self defense. Seems that the police are following the muni code after all. I guess we'll know for sure when the full details are released.
Huh. Imagine that.Originally Posted by NC Bullseye
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The stew is not finished until all the ingredients are in.
"I do what I do." Cpl 'coach' Bowden, "Southern Comfort".
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I am still trying to figure out how a homeowner was not justified in using deadly force once he was shot at....
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