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Did following Biden's advice land shotgun owner in trouble?

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    Homeowner charged with reckless handling of firearm

  • Duration 3:49
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Vice President Biden telling a magazine reporter last week if someone feels threatened in their home they should quote just fire a shot -- through the door.

Well a Virginia man did just that and now 21 year old Trevor -- is facing some serious.

Legal trouble.

Judge Alex Ferreira is a host of judge Alex judge first of all this guys charged where -- Reckless handling of a firearm he's been released on a summons is -- a defense for him to say the vice president told me this is going to be okay.

No no that's absolutely not a defense because I think pretty much all of America agrees you should not rely on Senator Biden for firearm handling advice vice president -- times that.

-- vice you have vice president of sort they'd be time's -- -- actually give firearm handling your advice all of this has been absolutely illegal sort of -- Democrat Republican or independent.

You should not be following his advice and you are probably our -- -- Yes and I've heard senator I've heard several.

Versions of the story have read several versions of the story -- and one of -- He just species somebody outside his house wearing masks and fires wildly through the window with a shotgun which I guess is akin to what.

Senator Biden said about just shoot through the door if you -- -- get somebody.

Away from your door.

-- completely illegal I mean you know you might be afraid but there's no imminent risk of danger there and and and self defense.

In most of the united states of Virginia particular.

Is the castle doctrine when you're in your home which is you don't have to retreat from imminent risk of serious bodily harm -- Death when they're outside your house that the -- -- call 911 and wait patiently with the shock and make sure they don't come in not to shoot through the window and accidentally kill your neighbor's kid.

-- this business and that's why the laws so clear but that this business of just shooting through the door.

I mean we saw this in the Oscar -- -- case over in South Africa you -- -- -- the door because you're afraid this is his.

The defendant -- cases theory.

You could shoot an innocent person and that's why a lot of generally judge requires you to have a clear target or or view of something before shooting.

And the -- in you can make a mistake and still not be charged as long as -- reasonable person would be in imminent fear.

Of serious bodily injury or death now the other version I read which might be his explanation later when he got in trouble.

Was that masked men with guns were climbing through his bedroom window so he slammed the bedroom door shut.

And shot with the shock and through the bedroom door at them.

If that were the case that would be okay because I don't think anybody would question that a reasonable person seeing masked men coming through the window armed.

Would be in imminent fear of serious bodily injury or death but if you got -- that would be the appropriate.

So Trevor -- 20/20 two year old Trevor is now facing these criminal charges but -- also be sued could not judge -- mean you could potentially.

Be subject to -- negligence case did possible -- -- -- if you shot the wrong person.

You know if you if you live if you live out in the sticks you know you probably have no problem -- and like the the country.

But most of us live with neighbors and and those kinds of mistakes.

A number one obviously can get you criminally charged if you didn't abide by the law and number two will most certainly get -- civilly sued.

So he he could have faced civil liability if he had actually injured anybody out there and if Iraq if they're actually criminals nobody from the frankly nobody would care -- they were gonna.

And notices so so just just for the viewers know Ted Johnson saying do not take the vice president's advice on this Jonathan Turley is a left leaning law professor comes out says this is stupid advice.

I can assure you he writes the firing a shot that -- went -- porch is both illegal and negligent.

So there you have it don't listen to that particular about his from the vice president and good luck to you Trevor judge thanks for being here.

Those pleasantly Houston.

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