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Saturday’s arrest of Dennis Fleming, a New Hampshire grandfather of 14, has drummed up quite a bit of controversy.

Fleming says that after his own home was burglarized earlier in the day, he spotted a man coming out of his neighbor’s window. He took his gun and he fired a shot into the ground to scare the suspect, and then he held the man at gunpoint until the police arrived. No one was hurt but the police charged Fleming with reckless conduct.

Judge Andrew Napolitano weighed in on the case, saying, “This is either a serious oversight on the part of the police or a serious misunderstanding on their part as to what our individual rights are under the Second Amendment, which, of course, would trump any local law in New Hampshire.”

http://foxnewsinsider.com/2012/02/22/attack-on-the-second-amendment-new-hampshire-man-arrested-for-firing-warning-shot-during-burglary/

Well...I have mixed feelings.

He saw someone coming out of his neighbor's window. That is not quite the same as defending yourself or defending your home.

But the person was a burglar, so...

aw hell. i shoot before they even come and go through the window. just if they look sneaky enough then POW! kaZAM!!

seriously that's what's known as a citizen's arrest, right? and based reasonable suspicion of a B&E in progress, given circumstances. although, discharging a weapon is always frowned on in urban settings. still, imo, good for him IF the fellow was indeed, committing a felony

It doesn't say whether or not the man coming out the window was a burgler in the article does it?

he must have been a burglar, why else would he be coming out the window?

were the neighbours doing construction and if so then the neighbour would be aware of this.

there was a case in ireland recently where a man gave chase to a burglar using his car. when he located the burglar his car knocked the burglar down (accidently), and broke both his legs.

the burglar was awarded €175,000 from the mans home insurance. the gardai (irish police) attempted to prosecute the home owner and the case was thrown out.

my point is really that if you are up to no good you should lose your rights.

angelcat said:

he must have been a burglar, why else would he be coming out the window?

were the neighbours doing construction and if so then the neighbour would be aware of this.

That's the problem, you never know if it's not your own house being broken into

I heard a case where a guy shot & killed some guys going into his neighbors' windows. How do you know they are not some friends or relatives who are breaking in under some sanctioned circumstances?

ufoclub said:

It doesn't say whether or not the man coming out the window was a burgler in the article does it?

That's why this arrest doesn't seem odd to me yet. We'll find out the real reason once everything settles down. But I guess if the man WAS breaking in, then yeah that's a good warning shot. Who knows? That's just creepy for dude to come barging in. He better be lucky dude wasn't aiming the gun at HIM.

Timmy84 said:

ufoclub said:

It doesn't say whether or not the man coming out the window was a burgler in the article does it?

That's why this arrest doesn't seem odd to me yet. We'll find out the real reason once everything settles down. But I guess if the man WAS breaking in, then yeah that's a good warning shot. Who knows? That's just creepy for dude to come barging in. He better be lucky dude wasn't aiming the gun at HIM.

The old man was being too nice. He should have bust a cup in the burglar's ass.

TonyVanDam said:

Timmy84 said:

That's why this arrest doesn't seem odd to me yet. We'll find out the real reason once everything settles down. But I guess if the man WAS breaking in, then yeah that's a good warning shot. Who knows? That's just creepy for dude to come barging in. He better be lucky dude wasn't aiming the gun at HIM.

The old man was being too nice. He should have bust a cup in the burglar's ass.

hey!

this was big news here in NH. All charges were dropped on Mr Flemming! as they should be.

actually if you beat up a burglar here (the netherlands) they can sue you and you might even go to jail

******* ridiculous

Shorty said:

hey!

this was big news here in NH. All charges were dropped on Mr Flemming! as they should be.

When I first read this, I thought, "Wait - he got arrested in New Hampshire?! As in...the 'Live Free or Die' state? That's just wrong."

Glad to hear that reason prevailed.