Thursday, February 21, 2013

US News: Joe Biden's Advice To His Wife About Blasting Shotguns In The Air Is Illegal In Delaware

US News reports:

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... 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."

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