VANCOUVER, Wash. -

The prosecutor says he'll dismiss a firearms charge because he doubts a jury would convict a Vancouver man who was following the advice of Vice President Joe Biden when he fired a shotgun in the air.

Jeffrey C. Barton had been scheduled for trial next week in Clark County District Court. He admits firing the gun in July 2013 to chase away three men who appeared to be breaking into his vehicles. He planned the "Biden defense," based on a statement the vice president made in February 2013 that people don't need automatic weapons because shooting a shotgun in the air would scare off intruders.

The Columbian reports Clark County Prosecutor Tony Golik said Tuesday that Barton will still face a charge of obstructing a police officer.