Saturday’s arrest of Dennis Fleming, a New Hampshire grandfather of 14, has drummed up quite a bit of controversy.

Fleming says that after his own home was burglarized earlier in the day, he spotted a man coming out of his neighbor’s window. He took his gun and he fired a shot into the ground to scare the suspect, and then he held the man at gunpoint until the police arrived. No one was hurt but the police charged Fleming with reckless conduct.

Judge Andrew Napolitano weighed in on the case, saying,

“This is either a serious oversight on the part of the police or a serious misunderstanding on their part as to what our individual rights are under the Second Amendment, which, of course, would trump any local law in New Hampshire.”

Napolitano cited two Supreme Court decisions which rule that if you legally own a gun, you can use it on your property to protect the people who live on the property.

He thinks that the police will probably make the argument that this case is different because the suspect was coming out of a neighbor’s home, and was not on Fleming’s property at the time the shot was fired.

Napolitano predicted that the case will not be tried, and Fleming will never be prosecuted “for acting in this uniquely American way to protect his property and to protect his neighbor’s property.”