“A reasonable person would find the threat to be both life-threatening and immediate.”
But that isn’t at all the situation that Vice President Biden describes when he proscribes the double-barrel discharge of a lethal weapon.
He’s describing a situation where there is no immediate threat, nor a life-threatening event.
We know there is no immediate threat, because there is enough time for Mrs. Biden to:
- move from wherever she is in the house to the gun safe
- unlock the gun safe
- unlock the ammunition container
- retrieve the shotgun
- load the shotgun
- walk across the room or rooms
- open the exterior door
- walk outside onto the balcony
- shoulder the firearm
- fire two random shots
There is no identified threat in this circumstance, so it cannot easily meet the “life-threatening” portion of the test. Likewise, if there is time to walk unimpeded onto the balcony and fire warning shots, there is no “immediate threat.”
Time and time and time again, homeowners have been arrested tried, and convicted of felonies for doing precisely what the Vice President advises.
In New Hampshire, Dallas Fleming was arrested for firing a warning shot into the ground. He has been charged with a felony count of reckless conduct. He faces up to seven years in prison for firing a single warning shot.
In New York, George Grier fired four warning shots into the ground as a group of up to 20 suspected MS-13 gang members gathered outside his home verbally threatened his family. He faces felony charges of reckless endangerment.
In Florida, Marissa Alexander has been sentenced to 20 years in prison for events that arose after she fired a warning shot into the wall.
Following Vice President advice to fire warning shots will likely get you arrested on felony charges. Firing randomly — Biden didn’t even state the shots should be fired into a safe direction — could get those charges upgraded to assault with a deadly weapon or possibly manslaughter if those shots fired into the air in the dark hits and kills an innocent victim like Rachel Yoder.
Vice President Biden has given defensive gun use advice that may put those who follow it behind bars with a felony conviction. Is he remotely competent to be driving national gun policy?