Question SodaHead

Man shoots his lawn mower with a shotgun and could face time in prison. Does this man have the right to shoot anything he owns?

Pamela *Raccoon* July 28, 2008 17:07:30

A 56-year-old Milwaukee man is accused of shooting his lawn mower because it wouldn't start.Keith Malinowski's has been charged with felony possession of a short-barreled shotgun or rifle and misdemeanor disorderly conduct while armed. According to the criminal complaint, Walendowski says he was angry because his Lawn Boy wouldn't start Wednesday morning. He told police: "I can do that, it's my lawn mower and my yard so I can shoot it if I want."

A woman who lives at Walendowski's house reported the incident. She says he was intoxicated.
Walendowski could face up to an $11,000 fine and six years and three months in prison if convicted.
A call to Walendowski's home went unanswered Friday.
Yes. He has the right to buy stuff and shoot it.
No. It doesn't matter if it's your property, you can't be shooting stuff.
Undecided
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  • +4 raves doc July 28, 2008 19:33:38 (edited)
    doc

    Yes. He has the right to buy stuff and shoot it.

    The problems come from having the "short barreled shotgun" and the "misdemeanor disorderly conduct" stuff. Which the lessor will probably be thrown out in favor of the weapon charge. And I'll bet the woman living at the residence also gets thrown out unless it's a relative or wife......

    But like all legal stuff, you always get told the worst you can get. Court time comes around and I'll bet he gets a lot less.

    When I pulled a gun on 3 cops, they told me I could get 21 years (7 for each cop) but I only got probation....

    (and I heard through the grapevine that the mower shot at him first....lol)
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  • Magzilla ~is having a littl... July 28, 2008 22:52:28
    Magzilla ~is having a little boy~

    Yes. He has the right to buy stuff and shoot it.

    He has the right to do what he wants with his property, but that isn't the problem. Bullets usually shoot past property lines, it said he may have been intoxicated, and I would think the general opinion would be that he over reacted to situation and in turn was endangering not only his life but the lives of his neighbors and anybody passing by.
  • TexanInHawaii July 28, 2008 22:34:52
    TexanInHawaii

    Undecided

    It wasn't the matter of shooting the lawn mower that got him in trouble, it was the weapon of choice. The "short-barreled shotgun", otherwise known as a "sawed off shotgun" is illegal in most places i can think of. Add alcohol to it and he has problems.
    I have no problem with him shooting something, if the gun is legal, he is sober and is not within the city limits or in dangering others. It is his lawn mower and can do with it as he pleases.
  • +1 raves
    hunter 44 July 28, 2008 22:29:21
    hunter 44

    Yes. He has the right to buy stuff and shoot it.

    Move to Tn.. I can shoot anything of mine on my property. So much for doing what you want with your property on your property.
  • assly July 28, 2008 21:28:50
    assly

    Undecided

    on wether he was really drunk and if the gun was registered it wasnt a person or animal it was his property but he he was pissed enough to shoot his mower he could get pissed enough at a person and maybe do the same people are unpredictable when under the influence of anything and mix that with anger it could be bad!
  • Ashley July 28, 2008 21:27:13
    Ashley

    No. It doesn't matter if it's your property, you can't be shooting stuff.

    The simple fact that he was angry shouldn't be an excuse to shoot something, what if it was a living thing? But I don't think he should get more than a slap on the wrist.
  • getalife Ashley July 29, 2008 00:54:06
    getalife
    I bet you voted against gun ownership didnt you.dont worry if we get invaded by some evil country just stay behind us with the guns we will keep you safe,
  • Ashley getalife July 30, 2008 06:08:40
    Ashley
    Uhm. I wasn't old enough to vote when that was an option I'm sure...I see nothing wrong with gun ownership, it's just the getting drunk and shooting stuff, thanks.
  • ♥Lizzy-Charmed Lover♥ July 28, 2008 21:04:55
    ♥Lizzy-Charmed Lover♥

    Undecided

    idk
  • fireware0062 July 28, 2008 20:38:50
    fireware0062

    Undecided

    sometimes things have to be shot! but once again the media makes it sound like he lives next door to you!!
  • Gunny July 28, 2008 20:17:05
    Gunny

    Yes. He has the right to buy stuff and shoot it.

    As usual, your questions are not very well vetted. You don't mention the fact that this man likely lives within the city limits which would make firing a firearm against the law. If he lived on a farm, nobody would say a thing. However, living in a neighborhood with houses and people nearby, the idiot needs to go to jail for reckless endangerment.
  • +2 raves
    Daisy July 28, 2008 19:56:36
    Daisy

    No. It doesn't matter if it's your property, you can't be shooting stuff.

    I agree that what he did was reckless and stupid (mower probably just needed a $1.87 spark plug), but I think that taking his shotgun away, giving him a $1,000 fine, and a couple of months of community service would be punishment enough.
  • +1 raves
    Cindy July 28, 2008 19:47:00
    Cindy

    Undecided

    moderated...
  • +2 raves
    Hannie July 28, 2008 19:44:34
    Hannie

    Undecided

    as long as no shrapmill from the blow kills anybody yeah he has every right to do so.
  • +4 raves
    doc July 28, 2008 19:33:38 (edited)
    doc

    Yes. He has the right to buy stuff and shoot it.

    The problems come from having the "short barreled shotgun" and the "misdemeanor disorderly conduct" stuff. Which the lessor will probably be thrown out in favor of the weapon charge. And I'll bet the woman living at the residence also gets thrown out unless it's a relative or wife......

    But like all legal stuff, you always get told the worst you can get. Court time comes around and I'll bet he gets a lot less.

    When I pulled a gun on 3 cops, they told me I could get 21 years (7 for each cop) but I only got probation....

    (and I heard through the grapevine that the mower shot at him first....lol)
  • +1 raves
    TexanIn... doc July 28, 2008 22:52:35
    TexanInHawaii
    LMAO, good one, Doc!
  • Bill - McGee - 2012 "I am a... July 28, 2008 19:32:20
    Bill - McGee - 2012

    Undecided

    LOL......
  • nancee July 28, 2008 19:29:58 (edited)
    nancee

    Yes. He has the right to buy stuff and shoot it.

    Yes, but, if he is in city limites, no because it is usual against the law to shoot a firearm in city limits!What does a man do? Or it could be a case of "if you add alcohol, you get an instant asshole".
  • +4 raves
    Sister Jean July 28, 2008 19:26:24 (edited)
    Sister Jean

    Undecided

    I saw the story..he could get 10 yrs for shooting his lawn mower a little ridicuous.....we have the freedom to bear arms..better mower than his wife
  • Hannie Sister ... July 28, 2008 19:48:40
    Hannie
    you proove a point sister.
  • +3 raves
    Al~ July 28, 2008 19:23:24
    Al~

    Yes. He has the right to buy stuff and shoot it.

    Its his, not anyone else's, he can shoot it.
  • +1 raves
    Brenda July 28, 2008 19:20:15
    Brenda

    Undecided

    Hell don't move to Texas there allow to shoot anyt thing that moves in town any where. But since his lawn mower wasn't moving then that might be a crime. Look at Sean Bell the cops shot him for no reason and his friends But I guess in NY thats ok. Oh hell You have to know what state is the stupidest Looks to me like there all stupid
  • +2 raves
    JESTER576 July 28, 2008 18:32:44
    JESTER576

    Yes. He has the right to buy stuff and shoot it.

    So it's now against the law to shoot at inanimate objects? I'll remember to tell that to my dad, and uncle next time their shooting cans an wood boards.
  • +2 raves
    Leanna July 28, 2008 18:08:23
    Leanna

    Yes. He has the right to buy stuff and shoot it.

    its his stuff so who really cares
  • +3 raves
    Michael, Arrivederci e amore July 28, 2008 18:03:41
    Michael, Arrivederci e amore

    Undecided

    This question is very misleading. Keith Malinowski's crime is not shooting his lawn mower. He was charged with felony possession of a short-barreled shotgun or rifle and misdemeanor disorderly conduct while armed. Which is illegal.
    Do you work for Fox News? They are famous for this crap.
  • Michael... Michael... July 28, 2008 18:06:13
    Michael, Arrivederci e amore
    I just read the comments. Everybody saw right through you.
  • +2 raves
    Neo July 28, 2008 18:00:46
    Neo

    Undecided

    moderated...
  • +1 raves
    ilsnowbird July 28, 2008 17:44:00
    ilsnowbird

    Yes. He has the right to buy stuff and shoot it.

    The Supreme Court has just affirmed the Second Amendment, which trumps state and local laws. If it is an object, and not a living creature, then so be it. Society should not be forced to pay for him in prision. How Dumb! It was his lawn mower, and his yard, and he is part of We the People.
  • OhioCritter-Adopt a Homeless Pet

    Undecided

    does the man have a right to shoot his own material items- yes - BUT if he was out in the countryside somewhere- NOT DRUNKEN NOT IN THE CITY in a residential neighborhood. It was the right think for the woman to call the police- if he was drunk- especially- he could of killed someone-
  • +2 raves
    bluecountry July 28, 2008 17:31:09
    bluecountry

    Yes. He has the right to buy stuff and shoot it.

    Just Leave people alone,If he wants to shoot the lawnmower for Gods sake let him.You diden pay a dime on it,Mind your own business that would be something new for people today..
  • +2 raves
    Pamela ... bluecou... July 28, 2008 17:45:56
    Pamela *Raccoon*
    The man is lonely, drunk, and 56. Let him be
  • +2 raves
    Pat in OH July 28, 2008 17:31:07
    Pat in OH

    No. It doesn't matter if it's your property, you can't be shooting stuff.

    just can't go shooting guns in your yard cause someone could get hurt and police will get upset. unless you live in boonies or something.
  • +1 raves
    Jen**GPAC** July 28, 2008 17:30:43
    Jen**GPAC**

    Undecided

    wellll.. this would worry me.. if he likes to use his gun so freely when he is pissed and drunk.. what's to stop him shooting something living..
  • +2 raves
    ♥~Rainbow~♥ July 28, 2008 17:28:44
    ♥~Rainbow~♥

    Undecided

    first of all... WOW..... secondly ... the charge of felony possesion of a short-barreled shotgun ....which means it is more than likely not a legal gun where he lives... and if so .. he was not legaly registered to it.. i have a feeling this man has been arrested more times than we know... drunk in the morning and trying to mow his lawn??? lol
  • +2 raves
    Kevman July 28, 2008 17:27:24 (edited)
    Kevman

    Undecided

    Most states have laws dictating the legal discharge of firearms. Where I live, you cannot discharge a weapon within 100 yards of a residence. If he was close to his house, he probably violated a similar law. Plus, he used an illegally modified weapon. Next time he gets horsed off at his lawn mower, he oughta trailer it out to the boonies and blow it away with a weapon that is legal!
    weapon horsed lawn mower oughta trailer boonies blow weapon legal
  • +1 raves
    doctor dee July 28, 2008 17:25:12
    doctor dee

    Yes. He has the right to buy stuff and shoot it.

    but sawed off shotgun maybe not
  • +4 raves
    Mister Six July 28, 2008 17:18:15
    Mister Six

    No. It doesn't matter if it's your property, you can't be shooting stuff.

    1) While he's perfectly entitled to destroy his own property in any way he chooses, he does potentially endanger his neighbors by firing a weapon in front of his house, where passers-by could be hit by riccocheting bullets or various shrapnel from the machinery.

    2) Sawed off Shotguns are illegal in most places.
  • +2 raves
    StarrGazerr July 28, 2008 17:17:09
    StarrGazerr

    Undecided

    If he did not legally own the gun then he certainly should be charged with a crime. If he did own it legally, then the question would be whether his actions endangered other people. If, let's say, this took place right next to a day care center or something, then I could see where that might be considered "endangerment", but I'd need more facts before I could give a final answer.
  • +2 raves
    Foo Master Angie July 28, 2008 17:14:00
    Foo Master Angie

    Yes. He has the right to buy stuff and shoot it.

    Absolutely! BUT - the charge was for felony possession of his rifle. My guess is that he wasn't properly licenced and/or such a weapon is illegal where he lives.
  • SparkleyPie *Mojo is my homeboy*

    Undecided

    He can shoot whatever he wants, but he "has been charged with felony possession of a short-barreled shotgun or rifle". He must not have been licensed to have such a gun, which is illegal.
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