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AR15.COM
11/13/2024 10:55:37 AM EDT


Night shooter arrested


Guess you should really pay attention to the town codes and laws..   I wonder what they trumped up on him "disorderly conduct"


Is that code for he was drunk?
11/13/2024 11:41:19 AM EDT
[#1]
Either drunk or talked his way into it.  Perhaps get both.

If the dude was sober and nice and still got arrested, it might make a nice 2A case with the right lawyers.

Something about this statement makes me think that won't happen.


"It is not illegal to shoot in there. However, based on the totality of the circumstances, the timing and everything else involved, that's where the charges were derived from," Doty said.

Police are not releasing the identity of the man at this time, but he is facing charges.

"Right now, he's looking at charges for reckless conduct, disorderly conduct. And there are more to come," Doty said.



Reckless Conduct

Disorderly Conduct

Donate to your local 2A organizations before the national orgs. The local orgs are proactive and get things done in your state house where the nationals are reactive and try to fix things after the fact and from a distance.
11/13/2024 8:42:33 PM EDT
[Last Edit: steve8140][Edited] [#2]
Can’t say what the real details are but as far as the laws pertaining to shooting, RSA 159:26 restricts any town ability to create any type of restriction or noise ordinance in regards to firearms.

Sean List, who’s arguably one of the states best firearm lawyers and law experts points directly to this (not about this specific situation) but to local ordinances in general.
New Hampshire RSA 159:26
Attached File
11/14/2024 8:54:48 AM EDT
[#3]
Quote History
Originally Posted By steve8140:
Can’t say what the real details are but as far as the laws pertaining to shooting, RSA 159:26 restricts any town ability to create any type of restriction or noise ordinance in regards to firearms.

Sean List, who’s arguably one of the states best firearm lawyers and law experts points directly to this (not about this specific situation) but to local ordinances in general.
New Hampshire RSA 159:26
https://www.ar15.com/media/mediaFiles/223734/IMG_9887_png-3378674.JPG
View Quote




Without jumping on the ACAB bandwagon I've seen in other threads on this topic, I highly doubt he was arrested for simply making noise at night.  If he was, then I hope he sues and wins.

Not a fan of List at all.  His public persona is that of a child.  If he would shut his cock holster every once in awhile I might pay attention to him.



Donate to your local 2A organizations before the national orgs. The local orgs are proactive and get things done in your state house where the nationals are reactive and try to fix things after the fact and from a distance.
11/14/2024 5:03:37 PM EDT
[#4]
Going to keep an eye on this one.
Am Yisrael Chai!

Don Alejo Garza Tamez, a man among men
11/14/2024 8:31:07 PM EDT
[#5]
Quote History
Originally Posted By inGobwetrust:
Going to keep an eye on this one.
View Quote

Yeah, not enough info to say much else, especially with a reckless conduct charge.
Call sign: Smack
11/18/2024 9:26:16 PM EDT
[Last Edit: Hidesite][Edited] [#6]
State law. Town ordinance has nothing to do with it.

With no details about backstop, whose property it was, etc., its conjecture whether it was a good arrest or not.

 644:2 Disorderly Conduct. –
A person is guilty of disorderly conduct if:
I. He knowingly or purposely creates a condition which is hazardous to himself or another in a public place by any action which serves no legitimate purpose; or
II. He or she:
(a) Engages in fighting or in violent, tumultuous or threatening behavior in a public place; or
(b) Directs at another person in a public place obscene, derisive, or offensive words which are likely to provoke a violent reaction on the part of an ordinary person; or
(c) Obstructs vehicular or pedestrian traffic on any public street or sidewalk or the entrance to any public building; or
(d) Engages in conduct in a public place which substantially interferes with a criminal investigation, a firefighting operation to which RSA 154:17 is applicable, the provision of emergency medical treatment, or the provision of other emergency services when traffic or pedestrian management is required; or
(e) Knowingly refuses to comply with a lawful order of a peace officer to move from or remain away from any public place; or
III. He purposely causes a breach of the peace, public inconvenience, annoyance or alarm, or recklessly creates a risk thereof, by:
(a) Making loud or unreasonable noises in a public place, or making loud or unreasonable noises in a private place which can be heard in a public place or other private places, which noises would disturb a person of average sensibilities; or




631:3 Reckless Conduct. –
I. A person is guilty of reckless conduct if he recklessly engages in conduct which places or may place another in danger of serious bodily injury.
II. Reckless conduct is a class B felony if the person uses a deadly weapon as defined in RSA 625:11, V. All other reckless conduct is a misdemeanor.

III. A person convicted of a class B felony offense under this section shall not be subject to the provisions of RSA 651:2, II-g.
IV. (a) Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "reckless conduct-domestic violence."
(b) In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as "reckless conduct-domestic violence" under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15. The provisions of RSA 618:8 and RSA 618:9 shall not apply to a fine imposed under this paragraph.
V. The act of displaying a firearm shall not, in and of itself and without additional circumstances, constitute reckless conduct under this section.
11/19/2024 10:43:27 AM EDT
[#7]
I suppose we would need to go to the police station and find out if he was actually charged with anything.

Been searching the web about the incident and have found zero follow up about anything with it.
11/23/2024 6:56:30 PM EDT
[#8]
Sounds like after calling in half of the awake police officers in the area and shutting the roads down they decided they needed to charge him with something to justify their response.
12/10/2024 3:28:08 PM EDT
[#9]
Gov Craig Benson passed a bill in the early / mid 00s that said no town or municipality can pass any gun laws that are more strict than what is allowed at the state level.  All town "ordinances" against night shooting are illegal.

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