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New Hampshire man arrested for firing gun into ground while catching suspected burglar
foxnews.com ^ | February 21, 2012 | Joshua Rhett Miller

Posted on 02/21/2012 4:09:20 PM PST by Repeal The 17th

Dennis Fleming, 61, of Farmington, New Hampshire,
who fired his handgun into the ground to scare an alleged burglar...
is now facing a felony charge...

The single grandfather had returned home to find that his home had been burglarized
and spotted Joseph Hebert, 27, climbing out of a window at a neighbor's home...

Fleming said he yelled "Freeze!" before firing his gun into the ground,
then held Hebert at gunpoint until police arrived...

...when the police arrived, they made two arrests.
Hebert was charged with two counts of burglary and drug possession...
Fleming is scheduled to be arraigned March 20 on a charge of reckless conduct,
which could potentially land him a sentence similar to the one Hebert faces...

Fleming's collection of seven rifles and a .38-caliber handgun were seized by police...

(Excerpt) Read more at foxnews.com ...


TOPICS: Extended News; News/Current Events; US: New Hampshire
KEYWORDS: armedcitizen; banglist
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What's up with this?
1 posted on 02/21/2012 4:09:25 PM PST by Repeal The 17th
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To: Repeal The 17th

He should have just plugged the perp and buried him in the back yard.


2 posted on 02/21/2012 4:14:13 PM PST by E. Pluribus Unum (Government is the religion of the fascists.)
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To: Repeal The 17th

He wasted a bullet he might have needed? (Duck’n & runn’n)


3 posted on 02/21/2012 4:14:13 PM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: Repeal The 17th

An real life illustration of why you try and kill the perp.


4 posted on 02/21/2012 4:14:13 PM PST by Balding_Eagle (Liberals, at their core, are aggressive & dangerous to everyone around them,)
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To: Repeal The 17th

The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.

Ayn Rand


5 posted on 02/21/2012 4:15:32 PM PST by APatientMan (Pick a side)
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To: Balding_Eagle

He would still have been arrested. IT’s a real life illustration of how we’re losing our rights everyday. The patriot act really got it into first gear.


6 posted on 02/21/2012 4:16:27 PM PST by Terry Mross (Difference between a conservative / liberal-obvious. Difference between a rep and a dem? None)
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To: Repeal The 17th

So much for live free or die. What a Commie Pinko state anymore.


7 posted on 02/21/2012 4:16:40 PM PST by Lazlo in PA (Now living in a newly minted Red State.)
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To: Repeal The 17th
Future Mall cops...


8 posted on 02/21/2012 4:18:05 PM PST by darkwing104 (Let's get dangerous)
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To: Repeal The 17th
Looks like he fired a “warning shot” while interrupting a burglary on someone else’s property. The DA will have field day. The fellow no matter how well intentioned discharged a deadly weapon but didn't see fit to plug the perp ie: he wasn't in fear for his life. He can only hope the DA drops charges because he is in a bind.
9 posted on 02/21/2012 4:18:07 PM PST by Polynikes (Hakkaa Palle)
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To: Repeal The 17th
"What's up with this?"

Never summon nor speak to the police. Never. Let it drop if possible, if not then call a lawyer.


10 posted on 02/21/2012 4:18:07 PM PST by I see my hands (The old sod ne'er shall be forgot.)
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To: Repeal The 17th

At first I thought this was a story from the UK.....What has happened to this country.........Mr. Fleming was well within his rights....is it his gun collection that spooked the police? Doesn’t New Hampshire have the Castle Law or some law like it?


11 posted on 02/21/2012 4:19:27 PM PST by yoe
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To: I see my hands

Shoot, shovel, shut up.


12 posted on 02/21/2012 4:19:56 PM PST by Crazieman (Feb 7, 2008 http://www.freerepublic.com/focus/f-news/1966675/posts?page=28#28)
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To: Repeal The 17th

“Live Free or Die” my ass.


13 posted on 02/21/2012 4:20:16 PM PST by Lazamataz (If you only think about a diet, only your brain loses weight.)
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To: I see my hands

And rinse and repeat when the lawyer says you should notify authorities? Sometimes things can be oversimplified.


14 posted on 02/21/2012 4:21:04 PM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: Polynikes
Looks like he fired a “warning shot” while interrupting a burglary on someone else’s property

Oh. Yeah, he's screwed.

15 posted on 02/21/2012 4:21:50 PM PST by Lazamataz (If you only think about a diet, only your brain loses weight.)
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To: yoe

The shot was made in such a way that it was hardly expected to be dangerous. Folks, felonies were supposed to be things that, at least in the olden days, you could deserve to be HANGED for. Somewhere the founding fathers weep.


16 posted on 02/21/2012 4:23:05 PM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: Lazlo in PA

Who won the NH primary, again?


17 posted on 02/21/2012 4:24:55 PM PST by APatientMan (Pick a side)
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To: Lazamataz

But, he had reason to believe it was the same burglar that had paid his home a visit, and anyhow why should it be wrong to defend a neighbor? New Hump Shore has gone crazy.


18 posted on 02/21/2012 4:25:02 PM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: Polynikes

Always plead before a jury, when you have used a weapon to stop a crime.

Always.


19 posted on 02/21/2012 4:26:19 PM PST by Jonty30 (What Islam and secularism have in common is that they are both death cults.)
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To: Terry Mross
Huh?

Harassment of legal gun owners started nationally in 1968. In New York City this has been going on since the 1920’s.

The Patriot Act didn't have anything to do with what happened to this man.

20 posted on 02/21/2012 4:27:25 PM PST by <1/1,000,000th%
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To: E. Pluribus Unum; HiTech RedNeck; Balding_Eagle; APatientMan; Lazlo in PA; I see my hands; ...

“He should have just plugged the perp...”
“He wasted a bullet...”
“why you try and kill the perp...”
“when there aren’t enough criminals, one makes them...”
“live free or die...”
“Never summon nor speak to the police...”
“Shoot, shovel, shut up...”
“He’s screwed...”
-
How do the cops know a shot was fired?
Did Flemming admit it? (big mistake)

So, when faced with this situation, what should a free man do?
Shoot the perp, and go back home like nothing ever happened?


21 posted on 02/21/2012 4:28:03 PM PST by Repeal The 17th (We have met the enemy and he is us.)
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To: Repeal The 17th
...to scare an alleged burglar he caught crawling out of a neighbor's window

So much for looking out for your neighbor!!


22 posted on 02/21/2012 4:28:43 PM PST by Brandonmark (2012: Our Hope IS Change!)
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To: HiTech RedNeck
"And rinse and repeat when the lawyer says you should notify authorities?"

No. Your lawyer calls the police.

Some things are simple. Simple to understand a burglar remaining free and you remaining free is better than both of you being incarcerated. Or like shutting up and remaining free versus talking and digging your own grave.


23 posted on 02/21/2012 4:28:49 PM PST by I see my hands (The old sod ne'er shall be forgot.)
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To: Repeal The 17th

Could’ve hit a gas pipe?


24 posted on 02/21/2012 4:29:46 PM PST by Libloather (The epitome of civility.)
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To: HiTech RedNeck

Maybe.

But, unfortunately, he did not find the criminal on his property.


25 posted on 02/21/2012 4:30:31 PM PST by Jonty30 (What Islam and secularism have in common is that they are both death cults.)
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To: Repeal The 17th

Point the gun, holler, but don’t shoot unless shot at? Beats me. It’s a crazy quilt depending on what state and sometimes, city you find yourself in.


26 posted on 02/21/2012 4:30:45 PM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: Jonty30

Like the burglar cared about that? All that mattered was being accosted by the occupant of the house he had burglarized.

It’s sad when we are reduced to “staring at our hands” in such a circumstance.


27 posted on 02/21/2012 4:33:25 PM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: Repeal The 17th
"So, when faced with this situation, what should a free man do"

Can you read? Don't pretend I didn't offer the alternative to let it drop if possible, if not then call a lawyer.


28 posted on 02/21/2012 4:35:02 PM PST by I see my hands (The old sod ne'er shall be forgot.)
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To: Repeal The 17th
So, when faced with this situation, what should a free man do?

He should not fire a "warning" shot. "Warning" shots endanger innocent bystanders and expose you to legal repercussions for no particular purpose.

Either let the perp run if that's what he is going to do, or shoot him while he is still facing you and say "I feared for my life" and nothing more.

29 posted on 02/21/2012 4:38:51 PM PST by E. Pluribus Unum (Government is the religion of the fascists.)
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To: HiTech RedNeck

I know and agree.

At some point, the average Joe is going to become so frustrated, that people are going to form shadow vigilante groups, where criminals simply disappears and nobody knows a thing.


30 posted on 02/21/2012 4:39:09 PM PST by Jonty30 (What Islam and secularism have in common is that they are both death cults.)
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To: Lazamataz

It sounds like he just tripped on a stone and accidentally discharged the gun . No problem.


31 posted on 02/21/2012 4:39:09 PM PST by Mark (Don't argue with my posts. I typed while under sniper fire..)
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To: Repeal The 17th

“So, when faced with this situation, what should a free man do?”

You get to the meat of it. I’ll waver like a p*ssy and answer with questions of my own:

What would a free man do if he knew we had his back?
What does a free man do when he’s facing reality - that we’re all on our own?

Just ask Mr. Flemming.

Who votes that Mr. Flemming gets a flash of the obvious and fights back?
Who votes that Mr. Flemming slinks into line and hopes it all goes away?

I’m guessing Mr. Flemming slinks.

Somehow, I justify this sh!t and look in the mirror every day. So will Mr. Flemming.


32 posted on 02/21/2012 4:46:05 PM PST by APatientMan (Pick a side)
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To: Repeal The 17th
What's up with this?

He fired a weapon when his life wasn't in danger.

If his life was in danger, he was justified in shooting the perpetrator, center mass, until the threat stopped.

As it was, he didn't feel threatened enough to shoot the perpetrator. Under the law of many states, this is a blatantly illegal act, clearly spelled out in the criminal code.

See also: "brandishing".

33 posted on 02/21/2012 4:47:19 PM PST by mountainbunny (Seamus Sez: "Good dogs don't let their masters vote for Mitt!")
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To: All

Ten years ago this would never have happened in New Hampshire.

Never.


34 posted on 02/21/2012 4:49:31 PM PST by warsaw44
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To: Repeal The 17th

It wasn’t his fault.....the damn gun just ‘went off’. (Hey, that is how the bleeding heart anti-gun liberals phrase it!!).


35 posted on 02/21/2012 4:50:35 PM PST by bobby.223 (Retired up in the snowy mountains of the American Redoubt and it doesn't get any better than that!)
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To: Lazlo in PA

So much for live free or die.

New Hampshire needs to put a sarcasm tag after their motto.


36 posted on 02/21/2012 4:53:24 PM PST by freedomfiter2 (Brutal acts of commission and yawning acts of omission both strengthen the hand of the devil.)
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To: Lazamataz
You have no defensible interest in your neighbor's property. Only your own. If he had acted in defense of his own property, the shooter still would have had to demonstrate that he had not fired his firearm recklessly and in disregard of his neighbors' safety. That is not entirely unreasonable.
37 posted on 02/21/2012 4:58:12 PM PST by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
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To: freedomfiter2

Maybe NH could sell their motto to a more deserving state.


38 posted on 02/21/2012 5:16:43 PM PST by Lazlo in PA (Now living in a newly minted Red State.)
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To: Polynikes

Does the shooter have to fear for his own life? Or could he fear for the lives of his neighbors who were having the home invasion?

He might have saved a whole family from murder.


39 posted on 02/21/2012 5:27:28 PM PST by UnwashedPeasant (Don't nuke me, bro)
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To: Polynikes
He can only hope the DA drops charges because he is in a bind.

He should demand a jury, possibly a speedy trial, right after his friends write letters to the editor complaining about the rash of burglaries and robberies.

It only takes one juror to nullify.

40 posted on 02/21/2012 5:32:23 PM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it. (plagiarized))
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To: Repeal The 17th
Fleming's collection of seven rifles and a .38-caliber handgun were seized by police

Under what pretext?

41 posted on 02/21/2012 5:39:42 PM PST by Zeppo ("Happy Pony is on - and I'm NOT missing Happy Pony")
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To: Repeal The 17th

New Hampshire does not allow its citizens their rights under the Second Amendment. “Live Free or Die” is dead.


42 posted on 02/21/2012 5:40:54 PM PST by txrefugee
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To: Zeppo

Envy.


43 posted on 02/21/2012 5:42:57 PM PST by DPMD
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To: Repeal The 17th

This does sound serious.

How severely was the ground wounded? Is the wounded ground expected to survive / recover?


44 posted on 02/21/2012 5:47:20 PM PST by Petruchio (I Think . . . Therefor I FReep.)
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To: Polynikes

>The fellow no matter how well intentioned discharged a deadly weapon but didn’t see fit to plug the perp ie: he wasn’t in fear for his life.

Question: Is one’s right to keep and bear arms contingent upon their fear for their own life?


45 posted on 02/21/2012 5:55:42 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Repeal The 17th

What cause and warrant did the police have to enter his house and steal his weapons? The police are worse than the criminals. This is going to cost him a few thousand dollars to get the charge dropped. Then he will have to spend his time and possibly more money to a lawyer to get his weapons back. I really doubt a jury would convict here. But, I also doubt he’s willing to take a chance on going to trial.


46 posted on 02/21/2012 5:56:43 PM PST by AlmaKing
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To: yoe

The police from the top down are very anti-gun here. They are downright afraid of citizens having guns. I’ve seen it first hand. Moving here from Texas, I just couldn’t believe the difference in attitudes of the police here vs. Texas.


47 posted on 02/21/2012 6:00:21 PM PST by AlmaKing
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To: mountainbunny

>As it was, he didn’t feel threatened enough to shoot the perpetrator.
>Under the law of many states, this is a blatantly illegal act, clearly spelled out in the criminal code.

NH Constitution, Part First, Art 2-a [The Bearing of Arms.]
All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.

Can you prove that he was not acting in defense of his family or his state?


48 posted on 02/21/2012 6:03:04 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Repeal The 17th

This is another sign of the ascendency of the state. The individual, acting in the interest of his next door neighbor, and putting himself at risk to apprehend a criminal committing a felony. It was the property crime of burglary, but sometimes such crimes go bloody, as did the evil Petit home invasion slaughter in neighboring Cheshire, CT. He may be in violation of local and state law about the discharge of firearms, but his measured, reasonable actions should be applauded and the unjust law rebuked, and his arrest condemned.


49 posted on 02/21/2012 6:11:38 PM PST by CharlesThe Hammer
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To: andy58-in-nh
You have no defensible interest in your neighbor's property. Only your own. If he had acted in defense of his own property, the shooter still would have had to demonstrate that he had not fired his firearm recklessly and in disregard of his neighbors' safety. That is not entirely unreasonable.

Luke 10:25-37 (NIV)

The Parable of the Good Samaritan

25 On one occasion an expert in the law stood up to test Jesus. “Teacher,” he asked, “what must I do to inherit eternal life?

26 “What is written in the Law?” he replied. “How do you read it?”

27 He answered, “‘Love the Lord your God with all your heart and with all your soul and with all your strength and with all your mind’; and, ‘Love your neighbor as yourself.’

28 “You have answered correctly,” Jesus replied. “Do this and you will live.”

29 But he wanted to justify himself, so he asked Jesus, “And who is my neighbor?

30 In reply Jesus said: “A man was going down from Jerusalem to Jericho, when he was attacked by robbers. They stripped him of his clothes, beat him and went away, leaving him half dead. 31 A priest happened to be going down the same road, and when he saw the man, he passed by on the other side. 32 So too, a Levite, when he came to the place and saw him, passed by on the other side. 33 But a Samaritan, as he traveled, came where the man was; and when he saw him, he took pity on him. 34 He went to him and bandaged his wounds, pouring on oil and wine. Then he put the man on his own donkey, brought him to an inn and took care of him. 35 The next day he took out two denarii and gave them to the innkeeper. ‘Look after him,’ he said, ‘and when I return, I will reimburse you for any extra expense you may have.’

36 “Which of these three do you think was a neighbor to the man who fell into the hands of robbers?”

37 The expert in the law replied, “The one who had mercy on him.”

Jesus told him, “Go and do likewise.”

Considering that eternal life (the safety of one's soul) is much to be desired, you should protect another's property, even as you would your own, no?

50 posted on 02/21/2012 6:14:24 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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