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First off, let me preface this by stating that I've moved to Albany for family reasons 5 years ago and will be moving back to a city/state of sanity this fall. The reason for my move is because I realized what an awful place NYS, let alone Albany is compared to any other place in the U.S. So, to make the last fleeting moments memorable, I'd like to start a trivia game of a different kind; a kind where you can be an active participant and have an introspection relating to your existence in NYS/Albany. This will ease you into realizing the negative aspects and how much better your life could be if you moved elsewhere. The questions will pertain to either NYS in general or to Albany in particular and anyone is able to contribute. Of course, we will have apologists attempt to rebut this answers, which I do welcome, but let's stick to the facts of the questions and no personal attacks. And, no, please don't say "Well, fine, we don't need you here anyway." It doesn't bother me; you can have this utopia that you call NYS/Albany all to yourselves when I get my family out of here not soon enough!
This week's question (BTW, I am an attorney, so don't argue the law folks, no matter how troubling it may be for you to come to grasps with its implications):
1) You live in a 4000 sqft suburban home with your wife and child who happens to be sleeping in your bed tonight because of nightmares (no, not taxation ones, those are reserved for future weeks' questions). You wake up in the middle of the night after hearing someone trying to break down the door downstairs. You grab your shotgun from under the mattress and are about to proceed quietly out of your bedroom and to the top of the stairs. What do you do next?:
(a) Proceed to the top of the stairs, point the shotgun barrel down the stairs and fire away, blowing away the individual because this is your home and he is an intruder. The police arrive and you are questioned intensively and ultimately arrested because the intruder didn't have a weapon on him and only wanted to steal a cup of sugar for their midnight mary jane brownie mix; this is confirmed as the recipe is all but done at the intruder's home albeit the sugar. You go to jail.
(b) You yell down the stairs, "What is your intent?," with the individual answering back, "I'm here just to rob you, so please understand that I have no intention of harming you or your family." At this point, with the intruder's non-aggressive intention being known, your only option is to call the police without escalating the situation, as deadly force is only authorized in NYS within your home if there is a reasonable belief that your life is in danger. The burden is on you to show that you've determined the intent of the intruder and that your actions were reasonable based upon your inquiry. Perhaps it would be nice to help him carry out your big screen TV and wife's jewelry because you do not want him to hurt his back or cut himself as he is carrying out his non-violent actions - you wouldn't want him to sue you afterwards.
(c) You yell down the stairs, "What is your intent?," but you hear the individual pull back the slide of his pistol and yell back "As you die bleeding out, I'm going to kill your children in front of your eyes and rape your wife." Knowing that you live in a state that abhors personal freedoms and liberties and values the life and rights of criminals over that of your family, you don't have the luxury of the Castle Doctrine at your side. However, you and your family's life is clearly being threatened, so you know that you can retaliate with deadly force and are about to raise your shotgun and fire away. But, then you realize that your bedroom has a door to a patio that allows you,, your wife, and child to escape if you quickly lock the bedroom door and make a quick dash for the outside. Although your life is in danger, because New York is a "retreat" jurisdiction, if it's possible for you to get away in lieu of confronting the threat, you need to legally retreat first before you can confront that threat.
If you answered (b) or (c), congratulations! You may have your most personal space (your home!) violated or, worse, be dead, but at least you are in compliance with the law! Andrew and Chuck are proud of you!
Stay tuned for next week's installment of Albany/NYS trivia, where we will take it a little more local!
First off, let me preface this by stating that I've moved to Albany for family reasons 5 years ago and will be moving back to a city/state of sanity this fall. The reason for my move is because I realized what an awful place NYS, let alone Albany is compared to any other place in the U.S. So, to make the last fleeting moments memorable, I'd like to start a trivia game of a different kind; a kind where you can be an active participant and have an introspection relating to your existence in NYS/Albany. This will ease you into realizing the negative aspects and how much better your life could be if you moved elsewhere. The questions will pertain to either NYS in general or to Albany in particular and anyone is able to contribute. Of course, we will have apologists attempt to rebut this answers, which I do welcome, but let's stick to the facts of the questions and no personal attacks. And, no, please don't say "Well, fine, we don't need you here anyway." It doesn't bother me; you can have this utopia that you call NYS/Albany all to yourselves when I get my family out of here not soon enough!
This week's question (BTW, I am an attorney, so don't argue the law folks, no matter how troubling it may be for you to come to grasps with its implications):
1) You live in a 4000 sqft suburban home with your wife and child who happens to be sleeping in your bed tonight because of nightmares (no, not taxation ones, those are reserved for future weeks' questions). You wake up in the middle of the night after hearing someone trying to break down the door downstairs. You grab your shotgun from under the mattress and are about to proceed quietly out of your bedroom and to the top of the stairs. What do you do next?:
(a) Proceed to the top of the stairs, point the shotgun barrel down the stairs and fire away, blowing away the individual because this is your home and he is an intruder. The police arrive and you are questioned intensively and ultimately arrested because the intruder didn't have a weapon on him and only wanted to steal a cup of sugar for their midnight mary jane brownie mix; this is confirmed as the recipe is all but done at the intruder's home albeit the sugar. You go to jail.
(b) You yell down the stairs, "What is your intent?," with the individual answering back, "I'm here just to rob you, so please understand that I have no intention of harming you or your family." At this point, with the intruder's non-aggressive intention being known, your only option is to call the police without escalating the situation, as deadly force is only authorized in NYS within your home if there is a reasonable belief that your life is in danger. The burden is on you to show that you've determined the intent of the intruder and that your actions were reasonable based upon your inquiry. Perhaps it would be nice to help him carry out your big screen TV and wife's jewelry because you do not want him to hurt his back or cut himself as he is carrying out his non-violent actions - you wouldn't want him to sue you afterwards.
(c) You yell down the stairs, "What is your intent?," but you hear the individual pull back the slide of his pistol and yell back "As you die bleeding out, I'm going to kill your children in front of your eyes and rape your wife." Knowing that you live in a state that abhors personal freedoms and liberties and values the life and rights of criminals over that of your family, you don't have the luxury of the Castle Doctrine at your side. However, you and your family's life is clearly being threatened, so you know that you can retaliate with deadly force and are about to raise your shotgun and fire away. But, then you realize that your bedroom has a door to a patio that allows you,, your wife, and child to escape if you quickly lock the bedroom door and make a quick dash for the outside. Although your life is in danger, because New York is a "retreat" jurisdiction, if it's possible for you to get away in lieu of confronting the threat, you need to legally retreat first before you can confront that threat.
If you answered (b) or (c), congratulations! You may have your most personal space (your home!) violated or, worse, be dead, but at least you are in compliance with the law! Andrew and Chuck are proud of you!
Stay tuned for next week's installment of Albany/NYS trivia, where we will take it a little more local!
That was just strange. Could I please have back the three minutes I wasted reading this?
So you're leaving this awful place because they don't let you shoot anything that enters your home?
K.
Obviously, in other parts of the country, you can defend yourself more easily against intruders. OP has a valid point. He also has some valid fears living where he does.
Obviously, in other parts of the country, you can defend yourself more easily against intruders. OP has a valid point. He also has some valid fears living where he does.
Nice job with the little bit about Albany's apparently terrible crime rate added in at the end there. Well done, babe.
Obviously, in many many other parts of the country, you have similar rights against intruders in your home just like New York. If you want, you can move to Texas or Florida and shoot anyone who gives you a dirty look. Then you can have the freedom to flame on and on about Albany on city-data and never have to worry about not being able to kill someone.
Obviously, in other parts of the country, you can defend yourself more easily against intruders. OP has a valid point. He also has some valid fears living where he does.
"Valid fears" living in a 4000 square foot home in the suburbs? I get that trolls like you will go to great lengths to get their points across, but anybody with a functioning brain would know that you're spouting nonsense. Give it up, you're not even good at what you're trying to do...
"Valid fears" living in a 4000 square foot home in the suburbs? I get that trolls like you will go to great lengths to get their points across, but anybody with a functioning brain would know that you're spouting nonsense. Give it up, you're not even good at what you're trying to do...
First off, let me preface this by stating that I've moved to Albany for family reasons 5 years ago and will be moving back to a city/state of sanity this fall.
Keeps posting anecdotal, isolated and individual incidents, and refuses to listen to facts and statistics.
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Umm...what?
Nice job with the little bit about Albany's apparently terrible crime rate added in at the end there. Well done, babe.
