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 - New Life for an Old Allis - by Tyler Woods. My friend Jon, has an old '39 Allis Chalmers B. He thought it a marginal tractor that had long since served its time. She smoked terribly and never had much power but he couldn't afford another so he was limping along with what he had. Jon's Allis has a small front loader and though it doesn't carry much, it serves his needs. It was the hard starting and low power that made him think it was time to replace the old girl. Jon called me to help him discover why his tractor wouldn't start
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