Garner Police cite man for violating gun law after he shot at prowler
So much for having the Second Amendment on your side when it comes to protecting property and your home. Garner Police have cited Perty Whitaker for violating the town’s gun ordinance for shooting at a prowler on Wednesday.
The Garner Police responded to a break-in in progress at a home on Nellane Drive. When they arrived, they were told that a person had fired a shot and two suspects in a vehicle had fled. The police cited Whitaker, 26, of Nellane Drive for violating the gun ordinance. Police said Whitaker was at the scene at the time of the break-in and was a witness.
There is no self-defense exception. Whitaker faces a maximum fine of $50 and 30 days in jail if convicted. Neighbor Jim Corron said that another neighbor saw two guys prowling around a vacant home around noon. That’s when a shot was fired.
An eye witness stated that the suspects actually fired at Whitaker first. It is also being reported that Whitaker is a former police officer.
I searched the Municipal Code of Garner. Section 18.1 – Discharge of firearms states:
“It shall be unlawful for any person to shoot or discharge within the corporate limits of the town or on any town-owned property any gun, pistol or other firearm, or air rifle, pellet gun, BB gun, or similar device, by whatever name, for throwing a metal projectile by use of spring action or compressed air; provided, however, that this paragraph does not prohibit the discharge of firearms by any law enforcement officer in the discharge of his duty, including the shooting of birds, animals or reptiles as set forth in section 3-13(b) (policemen firing) and (c) (addresses permits and firing ranges).”
“(d): The provisions of this section shall not be construed to prohibit the lawful discharge of a firearm by any lawful officer in the discharge of his duty or by any person in the lawful defense of persons and property.”
Good grief, you can’t shoot a gun in the City limits to protect yourself? I am so glad I don’t live in Garner!
h/t Jawa Report