In late January, 64-year old Clare Niederhauser was arrested for shooting at burglars fleeing from his property. At a plea deal hearing, he apologized for firing the shots, agreed to pay a $700 fine, take a weapons class, and forfeit the weapon he used. Fellow residents of Layton, UT are coming to the aid of the elderly man, who was arrested after firing a shot at a burglar´s vehicle and a fleeing accomplice after they attempted to break in to his property with a crowbar. He was charged with two counts of reckless endangerment because the individuals
Sounds like the locals at least have a little sense and are sympathetic to the guy´s situation. Some disagree, but I believe that anyone who attempts to take what belongs to another - no matter what it is - should understand that they no longer deserve the civility we normally treat others with. I REALLY don´t want to go down the UK´s road, as they are apparently expected to stand passively by while they are robbed blind or assaulted - not gonna happen here.
Deadly force is only permitted in defense of yourself or another person, or in some states to prevent a person from entering your home or vehicle. This is what I teach in CCW courses.
Once the criminal is fleeing and no longer a threat, you must stop your use of deadly force. I am a GREAT supporter of self defense and CCW is the solution to much of our crime problems. HOWEVER - there are reasonable limits on deadly force that are necessary for a civil society.
In some cases, for example Miami in the 80s and 90s, the rules were bent by the jury pool because they were sick of the rampant violent crime. Then and there, it was basically if the dead guy had a rap sheet and the shooter did not, end of review by the prosecutor because he knew that the jury pool would not convict a honest person who shot a bad guy, regardless of circumstances.
Most jurisdictions today are far from that violent mess, and we demand more care in application of deadly force. In MUCH of the country, this knucklehead would spend a good bit of time in jail, which would be wrong. I think he got fairly treated for stepping WELL over the line.
That´s exactly what we were taught in the CC class I took recently, #7. If you are in fear of your life or those of others shooting is justified, shooting at someone who is running away isn´t. Leave that sort of thing to the police. Mrs. Cow
To my mind, the problem with shooting at a fleeing car is that if you miss, that bullet is going to go some place. There is no telling where. Whatever damage you cause could be costly, especially if you wound or kill a neighbor.
The advice by #6 to tamper with evidence and lie to the police is not "how they do it in Texas". It´s a felony, and the police can easily prove that they are being lied to in this kind of situation.
Once you or the person you are trying to protect is no longer in danger of imminent bodily harm, you cannot shoot in self defense. It´s the cops´ job to find the perp, charge them, etc. not the citizen´s.
I frequently carry concealed and shoot regularly. But I do not support firing shots at a perp who is fleeing. Bullets can penetrate several rooms of a home, injuring or killing the occupants. If you miss the perp, as is likely, you have no idea where that bullet will end up. Firing wild shots is absolutely reckless endangerment of everyone in the area of the shooter.
Mr. Niederhauser was treated leniently and given a big break by the judge. He seems to generally be a law abiding individual and fortunately didn´t hit anyone. I´m glad he was treated leniently. I hope he pays attention in the concealed carry class. It doesn´t sound from the article that he got the message yet.
How do I know they are no longer a threat?!! A person breaks into my house and I don´t have the right to apprehend the criminal? As far as I´m concerned, you are a threat to my life until you are captured. How do I know they don´t have a weapon in the car down the street? How do I know they won´t be back for revenge?
I don´t see why they are taking his gun. That is just wrong. They are making him pay a fine AND give up an expensive weapon??? I am so sick of government and the stupid laws. Okay, maybe it was reckless but in the old days, the cops would have just slapped him on the wrist and said "don´t do it again". Nowadays, we have become so over-regulated and over-controlling that people defending themselves are now the criminals. Sick
There used to be a law that it was not illegal to shoot a perpetrator fleeing after committing a felony. I remember reading about it after a son shot a guy fleeing from a break-in at his mother´s house, after several past crimes where he had done a home invasion on her. This was in California - times have sure changed.
To me it´s common sense that someone who has committed a felony on you shouldn´t be allowed to run free to victimize again, as if it were a children´s game. It´s sad to hear the repeated warnings to CCW holders, but the restriction is current law in most places.
Let´s get this out of the way straight off: The Transportation Security Administration is probably not going to top anyone´s list of Favorite Federal Government Agencies. And the stories of its failures spread faster than a speeding jetliner: TSA officers stealing money from luggage, taking bribes from drug dealers, sleeping on the job. So it shouldn´t come as any surprise that a new Government Accountability Office report, citing a 26% increase in misconduct among TSA employees between 2010 and 2012, is striking a nerve with some travelers who´ve had to endure the shoeless, beltless shuffle
School officials in Florida are defending a textbook that declares Muhammad as the “Messenger of God” after critics accused an Islamic education group of launching a stealth jihad in American public school classrooms. The Prentice World History textbook being used in Brevard Public Schools includes a 36-page chapter on Islam but no chapters on Christianity or Judaism. According to a copy obtained by Fox News, The ninth grade textbook declares that Muhammad is the “Messenger of God” and instructs students that jihad is a duty that Muslims must follow. “Jihad may be interpreted
The Homeland Security Department has lost track of more than 1 million people who it knows arrived in the U.S. but who it cannot prove left the country, according to an audit Tuesday that also found the department probably won’t meet its own goals for deploying an entry-exit system. The findings were revealed as Congress debates an immigration bill, and the Government Accountability Office’s report could throw up another hurdle because lawmakers in the House and Senate have said that any final deal must include a workable system to track entries
Angry Liberal Chris Matthews on Wednesday foamed at Republican Senators Ted Cruz, Mike Lee and Rand Paul, deriding the conservatives at "terrorists." The Hardball anchor repeated the smear over and over, even going too far for former Obama political aide David Axelrod. Previewing the segment, Matthews threatened, "Finally, let me finish with the political terrorists of the right...Their names are Cruz, Paul and Lee." [See video below. MP3 audio here.] The host fumed that the attempts to defund Obamacare are "more than just obstructionism, this is political terrorism." Matthews then dropped the adjective "political" and simply declared,
Nearly two-thirds of Republicans want their party to change its direction, and more than half say they want the party to become more conservative, according to a new poll. When asked if Republicans just need to make a stronger case on their positions or whether they need to reconsider some of those positions, 59 percent of GOP voters surveyed in a Pew Research Center poll said the party needs to reconsider some policies, while 36 percent said it just needs to make a stronger case. Sixty-seven percent said the party needs to address major problems as opposed
The Smithsonian National Museum of African American History and Culture may want to add Trayvon Martin’s hoodie to its collection, according to its director, Lonnie Bunch. In an interview with the Washington Post, Bunch says he’d love to have it, explaining curators could use the hoodie to “ask the bigger questions” prompted by the Zimmerman case. “Because [the hoodie is] such a symbol, it would allow you to talk about race in the age of Obama,” he told the Post. Another one of those questions, he says: “Are we in a post-racial age? . . .
So I guess going to a New York McDonald’s isn’t a good idea right now. Videographer and conservative blogger Adam Sharp of SharpElbows.net attended one such demonstration and interviewed an SEIU member, easily identifiable as such by his purple shirt. When asked whether the union member supported the $15 per hour wage increase the McDonald’s workers were demanding, he admitted, “I’m not sure.” He also said he was there to show his support for the workers rather than the company and expressed a fear that, “if they’re [the McDonald’s employees] p****d off, they could be doing something to that food.”
The former commander of special operations in Northern Africa told a closed-door briefing today that he was largely detached from events the night of the Benghazi attack as he was traveling at the time. The testimony of Col. George H. Bristol, USMC, Former Commander, Joint Special Operations Task Force-Trans Sahara, Marine Corps Forces Special Operations Command Africa, had been eagerly anticipated by members of Congress. Originally, lawmakers had been told by the Defense Department that he had retired — the actual date is Aug. 1, an “administrative error” according to the Pentagon — and that they didn’t have
“Thousands of people will die every year” and “costs will continue to go out of control” under Obamacare, says Public Citizen President Robert Weissman. The only solution is to nationalize health care through a single-payer system, Reps. John Conyers (D-Mich.) and Rep. Keith Ellison (D-Minn.) and Sen. Bernie Sanders (I-Vt.) and Public Citizen argued outside the U.S. Capitol Wednesday. “Is this realistic after the passage of the Affordable Care Act?” asked Public Citizen President Robert Weissman. “This is what we know is going to happen after the Affordable Care Act is implemented. “However well it goes, whatever
Mark Levin, who hosts one of America´s top radio talk shows and is considered by supporters to be the people´s pundit on the Constitution, is rallying his 8.5 million-strong audience to demand an historic convention of state governments to halt the "oppressive power" of the federal government. The author of two New York Times bestsellers on the threats to the Constitution, Levin hopes his latest, "The Liberty Amendments," out mid-August, will spark the state lawmakers to tap a rarely used Constitutional provision to institute measures that would brake President Obama´s use of executive orders, bar thousand-page laws and
Hollywood actor Kevin Spacey — whose most recent work includes the psychological thriller, “House of Cards,” about an unethical congressman — said in a recent interview that most Americans just aren’t grasping President Obama’s greatness. “President Obama will go down as having passed some of the most historic bills in the history of this country,” he said, in a recent talk with Hot Press magazine. “That despite constant knee-jerk opposition from the Republicans. A lot of people don’t realize how much he’s done in the most difficult circumstances.” Mr. Spacey is far less appreciative of Congress. “It’s maybe interesting
"THANKS -- WANT TO CHIP IN FOR A GIFT?" That´s the message the Democratic Party is delivering to supporters as President Obama´s 52th birthday on August 4 nears. "Thanks for signing President Obama´s birthday card. What would be a better gift than electing more Democrats? It will take resources to win back the House and keep the Senate," reads the DNC email. "In honor of President Obama´s 52nd birthday, donate to help elect more Democrats." The email opens with a cute picture of Bo the first dog and an email line reading: "Help Bo."
There have been days since her son Ezekiel was born 11 months ago that Los Angeles mom Beth Capper has gone without food to keep up her supply. One friend was arrested for stealing some. It´s not drugs or alcohol or even baby formula that has put her in such a bind. It´s diapers. "There´s no way around buying them," said Capper, a 41-year-old single mother who doesn´t work because of a disability. Across the country, mothers like Capper are facing the same predicament. According to a report published Monday in the
America is in great shape energy-wise. We have more gas and oil reserves than ever before. Indeed, the United States could shortly become the world’s largest exporter of coal. Our cheaper power rates may bring energy-intensive industry back from Europe and Asia. If America’s small colleges are nearly broke and our public schools failing, nonetheless our blue-chip universities’ math, science, and engineering departments, and professional schools, remain the best in the world. (Snip)In our age, Nobel laureate, exempt Al Gore proved a fraud: the feminist who was accused of groping a woman in crazed sex-poodle fashion;
It is a small Alaskan village whose inhabitants have relied on the sea for countless generations. But within a decade, it is expected that the ocean which the village of Kivalina has so relied on will completely destroy it--creating America´s first climate change refugees. Temperatures in the Arctic region of Alaska are warming twice as fast as the rest of the U.S, causing ice to retreat, sea levels to rise and coastal erosion to increase. It is a small Alaskan village whose inhabitants have relied on the sea for countless generations. The 400 indigenous Inuit inhabitants of Kivalina, who live
President Obama has been rolling up his sleeves campaigning across the country delivering a surreal stump speech message supposedly aimed at the middle class: big government works, Obamacare is manna from heaven, the wave of recent scandals are “phony” figments of the imagination, and all economic problems are the fault of the Republicans. Conveniently, he leaves out the bankruptcy of Detroit, a city run by his own party for more than half a century. His message is so stale and unconvincing, that even The New York Times and Washington Post have noticed. Both papers, usually loyal to Obama, remarked that
FORNEY, Texas - George Zimmerman, the former Florida neighborhood watch leader cleared of all charges in the shooting death of Trayvon Martin, was pulled over for speeding in North Texas on Sunday, CBS DFW reports. According to the station, Zimmerman was armed when officers pulled him over on Highway 80 in Forney, east of Dallas. (Snip) The officer reportedly did not recognize Zimmerman, who was driving a Honda pickup. Zimmerman told the officer he was armed and was then told to put the weapon in his glove compartment, according to the station.
Arizona Sen. John McCain was the Republican Party´s 2008 presidential nominee and he still wants the keys to the Oval Office. But he is beginning to sound more like a fan of likely 2016 Democratic presidential candidate Hillary Clinton. "She´s a rock star," he said in a newly released interview. "She has, maybe not glamour, but certainly the aura of someone widely regarded throughout the world," he added in a reference to her work as secretary of State. McCain, reportedly trying to win back his reputation as a GOP maverick, was asked by the New Republic
Gotta figure her lead would be even bigger without Joe Miller in the field here. Her nomination for the taking? Alaska should be a top tier pick up opportunity for Senate Republicans next year…but their top choice of a candidate is Sarah Palin. 36% of GOP primary voters in the state say they’d like Palin to be their standard bearer against Mark Begich to 26% for Mead Treadwell, 15% for Dan Sullivan, and 12% for Joe Miller.
Embattled Internal Revenue Service official Lois Lerner and an attorney in the Federal Election Commission’s general counsel’s office appear to have twice colluded to influence the record before the FEC’s vote in the case of a conservative non-profit organization, according to e-mails unearthed by the House Ways and Means Committee and obtained exclusively by National Review Online. The correspondence suggests the discrimination of conservative groups extended beyond the IRS and into the FEC, where an attorney from the agency’s enforcement division in at least one case sought and received tax information about the status of a conservative group,
Sen. John McCain — a Democrat? There was confusion Wednesday after the Arizona Republican mistakenly strolled into President Obama’s meeting with Senate Democrats at the Capitol. The room full of Democrats — who happened to be meeting in the same room where the Senate GOP usually holds their weekly policy luncheons — erupted in applause and laughter as the former Republican presidential candidate made his entrance. As McCain, 76, walked out of the Dem-filled space, reporters pressed him as to why he stepped foot in the room.
In an interview on National Public Radio (NPR), House Minority Leader Nancy Pelosi said her new agenda for women will give mothers access to day care so they can “earn without carrying the burden of child care.” During the interview, aired on Weekend Edition Sunday, Pelosi spoke about her newly announced agenda, which is on her website, and is titled, “When Women Succeed, America Succeeds: An Economic Agenda for Women and Families,” a plan that includes universal pre-school and access to day care for working women, and an increase in the minimum wage.
Karl Rove and more than one hundred Republican donors sent a letter to Republican members of Congress on Tuesday, urging them to pass a comprehensive immigration reform bill that would include, among other provisions, granting "legal status" to illegal aliens who meet certain criteria. Anticipating that lawmakers will face resistance to the bill when they go home for the August recess, the letter marks the escalation of a campaign in which Republican leaders and donors are pressuring House Republicans to act on an immigration reform bill.
I never thought the Trayvon Martin/George Zimmerman case deserved nearly the attention it got. But reasonable people can disagree about that. What strikes me as unconscionable, however, is the way the supposedly objective media have not only sensationalized a tragedy but at times appear to deliberately bend the facts to fit a desired story line. Maybe it started with the use of pictures of a younger Martin or with the sudden embrace of the term "white Hispanic" to describe Zimmerman in order to more easily paint him as a racist. NBC News was the most egregious offender