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Biden’s Gun Advice Could Land His Wife In Jail

From U.S. News and World Report:

Joe Biden’s Shotgun Advice Could Land Jill Biden in Jail

Felony aggravated menacing, reckless endangering charges could result from shooting gun in air

By Steven Nelson | February 20, 2013

Vice President Joe Biden might want to have a talk with his son, Delaware Attorney General Beau Biden, before he makes another public statement about guns.

In a Facebook "chat" Tuesday, the vice president said that he had advised his wife, Jill, to fire a shotgun in the air from their Delaware home’s porch if she was concerned for her safety.

"I said, ‘Jill, if there’s ever a problem, just walk out on the balcony here, walk out and put that double-barrel shotgun and fire two blasts outside the house,’" Biden said.

"You don’t need an AR-15—it’s harder to aim," he added, "it’s harder to use, and in fact you don’t need 30 rounds to protect yourself. Buy a shotgun! Buy a shotgun!"

However, Delaware law would likely make his suggestion illegal—unless the shots were fired in self-defense in a truly life-threatening situation.

A sergeant with the Wilmington, Del., police department explained to U.S. News that city residents are not allowed to fire guns on their property.

The sergeant, who preferred not to be identified, said that Wilmington residents are also not allowed to shoot trespassers. "On your property you can’t just shoot someone," he said. "You have to really feel that your life is being threatened."

Defense attorney John Garey—a former Delaware deputy attorney general—agreed, and added that several criminal charges might result if Jill Biden took her husband’s advice.

"In Delaware you have to be in fear of your life to use deadly force," Garey said. "There’s nothing based on his scenario alone" indicating a reason to fear imminent death, he noted.

Garey said that under Biden’s scenario, Jill Biden could be charged with aggravated menacing, a felony, and reckless endangering in the first degree.

"You cannot use deadly force to protect property" in Delaware, added Garey.

"It is not uncommon" for people to be charged with crimes under similar circumstances, he said. "I’ve seen cases where lawful citizens have used guns outside their homes and they end up arrested."

Rob Wiltbank, a gun rights advocate who founded Delaware Open Carry in 2008, told U.S. News he agrees with the vice president that a shotgun would be good for home protection, but he was also troubled by the hypothetical.

"It would be incredibly irresponsible of a gun owner to blindly discharge a firearm into the air," said Wiltbank. "What goes up, must come down and this specific behavior has been the cause of many negligent homicides over the years."

Tom Shellenberger, a lawyer who serves as a spokesman for the Delaware State Sportsmen’s Association, told U.S. News that Biden’s security tip was "the worst type of advice."

"I am a member of the Delaware Bar, as is Vice President Biden," noted Shellenberger. "There are a number of statutory restrictions that could be violated by shooting a shotgun ‘off the porch.’"

In addition to felony charges, Shellenberger cited the "Discharge of a firearm within 15 yards of a road (7 Del.C. § 719), a misdemeanor," and "Violation of the residential dwelling safety zone as set forth in 7 Del.C. § 723, also a misdemeanor."

"Beyond the potential criminal liability, it is simply bad advice," added Shellenberger. "Not only does blasting blindly away put innocent persons at risk, it also tells the bad guys where you are and that you are armed. In most circumstances, it might be better if that comes as a surprise to the bad guys." …

The pathetic thing is that there are such laws against defending yourself. And, of course, it’s even worse that Biden doesn’t even know a thing about them.

Meanwhile, he is trying to make self-defense even harder.

This article was posted by Steve on Friday, February 22nd, 2013. Comments are currently closed.

5 Responses to “Biden’s Gun Advice Could Land His Wife In Jail”

  1. captstubby says:

    just a heartbeat away!

  2. untrainable says:

    When are people going to wake up and put Joe in an assisted living facility where he belongs?
    You know, the one with the soft walls, the jackets with really long sleeves, and those pills that make you drool.
    Somewhere where he can discuss the finer points of world politics with that skeezy little guy who thinks he is God. You know, oh what’s his name? Obama… that’s it.

  3. canary says:

    “You don’t need an AR-15—it’s harder to aim,” he added, “it’s harder to use, and in fact you don’t need 30 rounds to protect yourself. Buy a shotgun! Buy a shotgun!

    What lies. Maybe VP Biden has investments in shotguns.
    I’d think a woman would rather have a less cumbersome, less kick, easier maneuvering and lighter trigger of versatile AR-15.

    Especially when the US State Dept just put out US Citizen World-Wide Terror Alert, or the after affects of such as Hurricane Sandy in this NJ incident.

    ~New York Daily Times~: Headless Bodies Found, Jersey City Man, Yusuf Ibrahim, Arrested

    Cops say Ibrahim shot, beheaded and buried the 2 men, roommates, behind a home in Buena Vista, New Jersey. He buried their severed heads and hands at a different location.

    By Christine Roberts – Feb 11, 2013

    Yusuf Ibrahim had been driving a Mercedes Benz owned by one of the dead men.

    Police say they’ve nabbed a New Jersey man who fatally shot two men before beheading them, chopping off their hands and burying their remains in the woods of south Jersey.

    Cops arrested Yusuf Ibrahim, 28, of Jersey City on Sunday after detectives found the bodies of the two men, aged 25 and 27, behind a home in Buena Vista Township, according to a press release.

    Authorities found the car, which had been set on fire, abandoned in Philadelphia.

    One of the men moved to the U.S. from Egypt four years ago.

    (photos and video)
    Read more: http://www.nydailynews.com/news/national/headless-bodies-new-jersey-lead-murder-arrest-article-1.1261218#ixzz2LfZIuB9Y

    We don’t want to end up like the poor people in Africa who have no weapons and whose Army can’t fight the vicious spreading of Al-Qaeda. Because, we can’t count on the International community coming to the aid of the US citizens.

  4. bousquem25 says:

    An AR-15 has alot less kick than a shotgun and only an idiot will fire into the air. What goes up must come down somewhere and you don’t want to be responsible for what comes down and kills/injures someone else. Also, firing 2 shots out of a double barrels shotgun is only saying to the perps come get me while I fumble around trying to reload this. A better sound is the racking of the action on a pump shotgun while it is loading the first shell. No warning shots because the next sound is going to be the perp getting a load of 00 buck.

    • canary says:

      Worse: “I said, ‘Jill, if there’s ever a problem, just walk out on the balcony here, walk out and put that double-barrel shotgun and fire two blasts outside the house,’” Biden said.

      And if whose out there manages not to get shot, they might have their own gun checking out a noise and shoot Jill out of self-defense.

      Joe Biden should be in the front of the line for a mental evaluation asap.

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