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Joe Biden's Shotgun Advice Could Land Jill Biden in Jail
Felony aggravated menacing, reckless endangering charges could result from shooting gun in air
By Steven Nelson
February 20, 2013
Vice President Joe Biden speaks following a roundtable discussion with law enforcement officials to discuss gun safety, Feb. 11, 2013.
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-15it'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!"
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However, Delaware law would likely make his suggestion illegalunless 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 Gareya former Delaware deputy attorney generalagreed, 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.
[Excerpt]
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Joe Biden's Shotgun Advice Could Land Jill Biden in Jail - US News and World Report