However, Delaware law would likely make his suggestion illegal—unless the shots were fired in self-defense in a truly life-threatening situation.
A sergeant with the Wilmington, Del., police department explained to U.S. News that city residents are not allowed to fire guns on their property.
The sergeant, who preferred not to be identified, said that Wilmington residents are also not allowed to shoot trespassers. “On your property you can’t just shoot someone,” he said. “You have to really feel that your life is being threatened.”
Defense attorney John Garey—a former Delaware deputy attorney general—agreed, and added that several criminal charges might result if Jill Biden took her husband’s advice.
“In Delaware you have to be in fear of your life to use deadly force,” Garey said. “There’s nothing based on his scenario alone” indicating a reason to fear imminent death, he noted.