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Discussion Starter #1
Rochester Police are releasing more information about a shooting on Clifford Avenue Thursday night. They say a man was shot when he was spotted in a yard at 510 Clifford by the homeowner, and the homeowner went out to confront him when he saw the man removing some items from his yad. Police note that the yard is surrounded by barbed wire.
Police say the victim, a 51 yea rold man, was shot by the homeowner in the leg with a shotgun loaded with birdshot. He suffered non life threatening injuries.
The case will be presented to a grand jury to see what , if any charges will be filed against either the homeowner or the victim.
 

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Correct.... The on-call assistant district attorney was contacted and it was decided that a grand jury will decide on any charges. The homeowner was not taken into custody and he was cooperating with officers last night.

The barbed wire on the yard was in response to previous thefts.
 

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I bet he gets charged as you can't shoot anyone for stealing unless your life is on the line. Let's see what CNN has to say before we bring him up on charges.
 

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Discussion Starter #5
onpatrol, Do you know what was happening in the Aldi's parking lot on lake ave around 8:30 last night?

There were a lot of cars
 

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I bet he gets charged as you can't shoot anyone for stealing unless your life is on the line. Let's see what CNN has to say before we bring him up on charges.
Nobody said he shot him for stealing. Maybe he confronted the guy and the thief came after him or something. We don't know any details. Lets not jump to conclusions.
 

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Police say the victim, a 51 yea rold man, was shot by the homeowner in the leg with a shotgun loaded with birdshot.
The case will be presented to a grand jury to see what , if any charges will be filed against either the homeowner or the victim.
The criminal is the victim, you have to love this stupid state!
 

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and the homeowner went out to confront him when he saw the man removing some items from his yad.
Damn Boston natives!

I bet he gets charged as you can't shoot anyone for stealing unless your life is on the line. Let's see what CNN has to say before we bring him up on charges.
\

So interesting side story to this... Recently I was traveling thru Perinton and I noticed a Firearms Control Act, so I looked it up. Perinton has a Castle Doctrine that is rather kick ass, if everyone else agrees with me that the way this is worded is to "our" benefit (as opposed to the criminals)

http://www.ecode360.com/6739616

§ 134-5. Exceptions.
The prohibitions of this chapter shall not apply to:

A. Any law enforcement officers, including game wardens, while engaged in the discharge of their duties.

B. Any resident of the Town of Perinton while on land owned by such resident; or any person in possession of a dated, written authorization from the owner or from a duly authorized lessee, who has written permission to grant such authorization of the land on which the firearm is being used. Such written authorization shall expire at 12:00 midnight on the expiration date set forth in the authorization. When no expiration date is shown, such written, dated authorization shall expire no later than the end of the calendar year in which the authorization was granted.

C. The defense of one's person or property or the person or property of another.

D. The regulated use of a pistol, rifle or target range operated and maintained by any organization duly organized by law for such purposes and approved by the local law enforcement agency.

E. Programs conducted by a public school, the Town Recreation and Parks Department or persons certified by the National Rifle Association and approved by the New York State Conservation Department offering instruction and training in the use of firearms.

Take a look at C there... that lil guy says to me that you can shoot someone just for stealing... as you are defending your property -- unless property is deemed as "land" not "items on your land"
 

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Bad shoot! the crap-stain will be alive to a civil suit!
 

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The bad guy better have been charging at the homeowner with a weapon or something... otherwise - someone's gonna be indicted on assault charges...

If it were an accidental/negligent discharge - Assault 3rd - A Misdemeanor
If the intent was physical injury - Assault 2nd - D Felony
If the intent was serious physical injury - Assault 1st - B Felony

9. "Physical injury" means impairment of physical condition or substantial pain.
10. "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

However, that he wasn't charged with anything last night is a good indication that it may have been justified. We'll see.

Better get a good lawyer.
 

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The bad guy better have been charging at the homeowner with a weapon or something... otherwise - someone's gonna be indicted on assault charges...

If it were an accidental/negligent discharge - Assault 3rd - A Misdemeanor
If the intent was physical injury - Assault 2nd - D Felony
If the intent was serious physical injury - Assault 1st - B Felony

9. "Physical injury" means impairment of physical condition or substantial pain.
10. "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

However, that he wasn't charged with anything last night is a good indication that it may have been justified. We'll see.

Better get a good lawyer.
Ever fought a guy with a metal state altered by chemicals?

For all we know the criminal proably had HIV/Hep C or whatever, I sure ass hell would not resort to exchanging blows with the criminal.
 

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I don't quite see it that way, since you didn't include what was prohibited.

Perinton prohibits any discharge of a firearm inside town limits, with the exceptions that you listed. The Act doesn't say anything about justifiable assault or homicide in the defense of your home (Castle doctrine). If you shot someone in Perinton in defense of your home, you'd not be in violation of the Perinton Town Code, but would still have to deal with the relevant State laws.

So interesting side story to this... Recently I was traveling thru Perinton and I noticed a Firearms Control Act, so I looked it up. Perinton has a Castle Doctrine that is rather kick ass, if everyone else agrees with me that the way this is worded is to "our" benefit (as opposed to the criminals)

http://www.ecode360.com/6739616

§ 134-5. Exceptions.
The prohibitions of this chapter shall not apply to:

A. Any law enforcement officers, including game wardens, while engaged in the discharge of their duties.

B. Any resident of the Town of Perinton while on land owned by such resident; or any person in possession of a dated, written authorization from the owner or from a duly authorized lessee, who has written permission to grant such authorization of the land on which the firearm is being used. Such written authorization shall expire at 12:00 midnight on the expiration date set forth in the authorization. When no expiration date is shown, such written, dated authorization shall expire no later than the end of the calendar year in which the authorization was granted.

C. The defense of one's person or property or the person or property of another.

D. The regulated use of a pistol, rifle or target range operated and maintained by any organization duly organized by law for such purposes and approved by the local law enforcement agency.

E. Programs conducted by a public school, the Town Recreation and Parks Department or persons certified by the National Rifle Association and approved by the New York State Conservation Department offering instruction and training in the use of firearms.

Take a look at C there... that lil guy says to me that you can shoot someone just for stealing... as you are defending your property -- unless property is deemed as "land" not "items on your land"
 

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I don't quite see it that way, since you didn't include what was prohibited.

Perinton prohibits any discharge of a firearm inside town limits, with the exceptions that you listed. The Act doesn't say anything about justifiable assault or homicide in the defense of your home (Castle doctrine). If you shot someone in Perinton in defense of your home, you'd not be in violation of the Perinton Town Code, but would still have to deal with the relevant State laws.
... damn trump cards! LOL

Yea i hear ya on state > all, but I'm wondering how that would play out
 

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Ever fought a guy with a metal state altered by chemicals?

For all we know the criminal proably had HIV/Hep C or whatever, I sure ass hell would not resort to exchanging blows with the criminal.
with all respect due, have you ever had a fight with a person who was not drunk/ stoned/ or crazy (seems to be a precursor to fighting)

i live in an area that is less rural and just 3 nights ago i laid a crackhead out in my driveway for stealing (or trying to ) a mountain bike i had kryptonite locked to my flagpole in my driveway
this guy got halfway through my lock before i even woke up!
i never thought to grab a shotgun because there is no reason to end a life over a frigging bike

id rather give a criminal 100 bucks over killing one.

that being said im guessing this guy (the homeoner) has been robbed before. he was probably just very fed up and did a stupid thing

i am pretty sure you can shoot someone for stealing an item and not threatening you but should you?

i know a person who legally owned a premise license in new york city for a restaurant/ dinner
he was robbed at bat point and when the criminal decided to start assaulting a customer the store owner decided to fire after a warning shout

he was found innocent of any wrong doing and was heralded in fact for stopping the assault of the customer.... he has not picked up a firearm since this day about 20 years ago

WOULD YOU BE ABLE YOU LIVE WITH YOURSELF FOR KILLING SOMEONE OVER SOME SCRAP METAL, A LAWN MOWER OR A BIKE?
 

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with all respect due, have you ever had a fight with a person who was not drunk/ stoned/ or crazy (seems to be a precursor to fighting)

i live in an area that is less rural and just 3 nights ago i laid a crackhead out in my driveway for stealing (or trying to ) a mountain bike i had kryptonite locked to my flagpole in my driveway
this guy got halfway through my lock before i even woke up!
i never thought to grab a shotgun because there is no reason to end a life over a frigging bike

id rather give a criminal 100 bucks over killing one.

that being said im guessing this guy (the homeoner) has been robbed before. he was probably just very fed up and did a stupid thing

i am pretty sure you can shoot someone for stealing an item and not threatening you but should you?

i know a person who legally owned a premise license in new york city for a restaurant/ dinner
he was robbed at bat point and when the criminal decided to start assaulting a customer the store owner decided to fire after a warning shout

he was found innocent of any wrong doing and was heralded in fact for stopping the assault of the customer.... he has not picked up a firearm since this day about 20 years ago

WOULD YOU BE ABLE YOU LIVE WITH YOURSELF FOR KILLING SOMEONE OVER SOME SCRAP METAL, A LAWN MOWER OR A BIKE?
As some one said before the criminal decided to attack the property owner instead of complying. Would I shoot some one for stealing my scrap metal? No I would call 911. Would I shoot some one attacking me? Yes
 
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