Well, only pure dumb luck kept this Terre Haute, IN jewelry store owner from being in the same boat. Not that the boat he's in is all that much better.
Some dudes ran out of his store with a handful of loot, and 72-year-old Mr. Bemis set out in hot pursuit with a handful of pistol. Right out there in the middle of Terre Haute, in the middle of a busy retail area, a couple blocks from a middle school, he decided that the prudent form of action would be to start shooting after the fleeing crooks.
He didn't hit anybody, but he's still being charged with Criminal Recklessness. Normally in Indiana Criminal Recklessness would be a Class B Misdemeanor, but... cue sad trombone ...
Sec. 2 . (a) A person who recklessly, knowingly, or intentionally performs an act that creates a substantial risk of bodily injury to another person commits criminal recklessness. Except as provided in subsection (b), criminal recklessness is a Class B misdemeanor.Dude is fixin' to spend a ton of money to try and stay out of jail. A Level 6 felony could be as much as a 2½ year sentence and a ten thousand dollar fine.
(b) The offense of criminal recklessness as defined in subsection (a) is:
(1) a Level 6 felony if:
(A) it is committed while armed with a deadly weapon; or
(B) the person committed aggressive driving (as defined in IC 9-21-8-55 ) that results in serious bodily injury to another person; or
(2) a Level 5 felony if:
(A) it is committed by shooting a firearm into an inhabited dwelling or other building or place where people are likely to gather; or
(B) the person committed aggressive driving (as defined in IC 9-21-8-55 ) that results in the death or catastrophic injury of another person.
If he loses, even if he lucks out and doesn't get time due to his age and no criminal history, he has the penalty of being a convicted felon. Bye bye lots of rights. If he wins, he's still going to have burned a metric ton of money. Unless he has substantial savings, he can probably kiss the business goodbye.
Like Spiderman tells us, with great power comes great responsibility. In Indiana, it is your right to carry a firearm for defense. If you are going to exercise the right to go armed, it is your responsibility to understand all that entails, to know when, where, and why you may use your blaster.
There are books, organizations, and websites with the information you need, but it's on you to seek it out.
The guy in the picture is Mas Ayoob. He doesn't want you, a decent law-abiding citizen, to go to jail out of ignorance. Let him help you.
