>The fellow no matter how well intentioned discharged a deadly weapon but didn’t see fit to plug the perp ie: he wasn’t in fear for his life.
Question: Is one’s right to keep and bear arms contingent upon their fear for their own life?
No and it shouldn't be. Those are two separate issues. The police are operating from the parameters of the incident at hand. I do not agree with what the police did, confiscate his firearms, but that is guaranteed in a shooting incident where the circumstances are anything less than cut and dried. He served himself up on platter for the police. The shooter would probably have been better off if he didn't fire a “warning shot” and the burglar took a dirt nap, then there would only have been one version.
“He came at me and I was in fear for my life” or words to that effect.
“I want to speak to a lawyer” then shut up.