Mortimer Schnerd wrote:


You'd beat your neighbor senseless but you advocate a green solution
to the woodchuck problem? I'd be concerned if I heard gunshots next
door but the last thing I would do is go confront the guy. If he
caused damage, call the cops. If he hurt somebody, call the cops. I'd
only confront him if there were still incoming ordnance to stop
the threat.
Me? If I had this guy's problem I'd probably try to dispatch the
critter with an air rifle. Less chance for collateral damage.




As a CHL holder, you are no doubt aware of all the legal ramifications of
your shot. In the current case, suppose there was "collateral damage." For
instance, a toddler 300 yards away playing with a kitten in his backyard
sandbox (the child's sandbox, not the kitten's).

When the cops arrive, you tell them the groundhog attacked you, pointing to
a torn pants leg. In fear of your life from a possibly rabid animal or one
infected with chastic fibrosis (a disease usually found in foxes), you
discharged your weapon and, at the last millisecond, the groundhog ducked!

Since there was no showing of negligence, combined with the compelling
exigent circumstances, the regrettable attendant death can be a degree of
homicide no greater than excusable, for which there is no penalty.