Even if the fence was inside the property lines, what he did still would not fall under the castle doctrine as there was no immediate threat. Having just watched the video and read the news story how can the guy possibly claim to feel threatened? I say this because, one no call was made to 911 by either himself or his wife (who could have easily called while he went to investigate). Then, even worse, it's stated that he 'chased them around the fence' after firing the warning shot. If he had felt there was any threat at all to himself, then why would he chase a group of men (yes, it did say he saw more than one)???? Granted under the Castle doctrine you do not have an obligation to retreat and can stand your ground, but it does not give you the right to chase a criminal that is leaving.
That said I don't think the issue here is wether the guy had a right to defend himself if needed, I think it's pretty clear he did. The issue is that he showed bad judgment by firing a shot unecessarily and got in trouble for doing so. Again, I don't think theb guy deserved to be locked up or for his gun to be taken, but he does deserve to, 'have his hand slapped' for his actions so he thinks a little more next time before he over reacts to a stressful situation. If he can't do that then he has no need ((((notice I didn't say 'right' as that is also not an issue in this case))) to be carrying a weapon in the first place if he doesn't know what he's doing with it.
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Today's Featured Article - Listening to Your Tractor - by Curtis Von Fange. Years ago there was a TV show about a talking car. Unless you are from another planet, physically or otherwise, I don’t think our internal combustion buddies will talk and tell us their problems. But, on the other hand, there is a secret language that our mechanical companions readily do speak. It is an interesting form of communication that involves all the senses of the listener. In this series we are going to investigate and learn the basic rudimentary skills of understanding this lingo.
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