[quote name='dmaul1114']Yep, shooting a firearm is always using lethal force, even if it's not aimed at someone.
That's why EVERY police shooting is investigated. Not just when they shoot at someone, but anytime they discharge their firearm it's investigated to make sure it was a legitimate shooting.
Anytime a gun is fired the bullet can potentially hit someone.[/QUOTE]
Target practicing in my back yard would not be considered deadly force. I would have to believe that accidentally discharging your firearm would not be considered deadly force either.
Hell a state trooper shot someone while hunting (accidentally) and faced no charges.
http://bangordailynews.com/2012/01/...oman-mistaken-for-deer-shot-by-state-trooper/
Explain to me why he shot someone, supposedly moments before it would be illegal to sill be hunting (wonder how that works) and faced no charges but the homeowner is facing possible felony charges?
from the article:
An off-duty trooper mistook a 66-year-old Norton woman and her two dogs for a deer Saturday and shot her with a black powder rifle, just minutes before hunting season was to end, state police confirmed Sunday.
The trooper was identified Sunday by Norton police as John Bergeron, 50. Police said Bergeron, a veteran trooper, rushed to Cheryl Blair’s side and administered first aid, in addition to calling 911.
Norton, state and environmental police have ruled the shooting accidental. Bergeron allegedly told investigators he had seen a deer in the same wooded area of Oak Street earlier Saturday and fired one round when he thought he spotted a tail.
Norton police said no violations were found and no charges will be filed.
State police spokesman David Procopio did not identify Bergeron by name because he faces no charges, but said the trooper is assigned to Troop C, which covers Central Massachusetts.
“He faces no charges and no internal investigation,” Procopio said in a statement. “The incident occurred while he was deer hunting while off duty. He was properly permitted, in-season, and in an appropriate area for deer hunting. The victim was hit in the torso. Upon immediately realizing what had happened, the trooper called the incident in himself and administered medical aid to the woman until EMS arrived.”
Blair remained at Rhode Island Hospital as of Sunday night. Procopio said her injuries are not considered life-threatening.
The shooting occurred at 4:55 p.m., 17 minutes after sunset. Deer hunting with black powder rifles expired at 5:08 p.m. Saturday.
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No charges and no internal investigation for shooting someone. Huh...
But
Again, with a grain of salt as I'm no law expert and I don't pay particular attention to the details of most laws (yes I'm ignorant).....
but I don't think that is how this law will be interpreted in this instance. And given my understanding (albeit small) for how cases like these are tried in Maine and New Hampshire I don't think the homeowner will infact face any serious consequences.