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View Full Version : Vice President Joe Biden's Gun Advice = Jail Time



Eric
20 February 2013, 15:57
This, from our VP.
http://www.usnews.com/news/articles/2013/02/20/joe-biden-shotgun-advice-could-land-jill-biden-in-jail


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 Bidens live at 209 Barley Mill Rd. in Wilmington, according to official candidate information forms distributed in 2012 and according to real estate website Zillow.

A satellite image of the home on Google Maps, which features a scale tool, indicates that the nearest neighbor's house is approximately 100 feet away. Further away, on the other side of the home, there is a school with outside sports facilities.

U.S. News contacted the Delaware Attorney General's office for clarification on state law, but a spokesman for the office merely indicated that it is legal for residents to keep a shotgun in their homes.

In December, Biden was selected by President Barack Obama to lead a task force on establishing new federal gun control laws. In January, Biden presented Obama will proposals including limiting the bullet capacity of gun magazines and establishing universal background checks for all gun purchases

Paulo_Santos
20 February 2013, 17:39
LOL.

csmith
20 February 2013, 18:32
How this man was ever tabbed as the most likely VP candidate to further their cause is baffling to say the least. That he hasn't caused more permanent damage to that cause is even more so.

Paulo_Santos
20 February 2013, 18:49
We deal with Politicians quite a bit in our line of work and I can tell you that a lot of Politicians are pretty clueless about a lot of stuff, especially when it comes to guns and self defense stuff. Pretty scary that they have so much control.

MoxyDave
21 February 2013, 10:34
Case in point:

http://www.gazette.com/articles/police-151191-theft-called.html

A man was arrested for shooting out the tires of a van that tried to run him over, after the occupants were found stealing his property for scrap metal. He was charged with Felony Menacing and Unlawful Discharge of a Firearm.

I can't believe the ignorance of our most powerful elected officials.

FortTom
21 February 2013, 12:47
I truly believe old Joe is suffering from a touch of dementia.....

FT

Cold bore miracle
23 February 2013, 02:51
Sad day for Americans.

Vern1968
23 February 2013, 19:21
Register to vote asap and move all these people out of office. Joe Biden is an arrogant, out of touch fool.

FortTom
24 February 2013, 17:18
Register to vote asap and move all these people out of office. Joe Biden is an arrogant, out of touch fool.
Vern, we just tried that, didn't work. The one side offered more "free" stuff than the other....people don't mind giving up freedoms and subjugatating themselves to a skinny little despot.....for "free" stuff".

FT

ennbee15
25 February 2013, 18:30
How this man was ever tabbed as the most likely VP candidate to further their cause is baffling to say the least. That he hasn't caused more permanent damage to that cause is even more so.

hey, it only helps our cause. the lawyers can have a field day....