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This case just needs to be thrown out based on the Judge using his/her digression.
The home owner has no records, had a legal gun and felt threatened on his property. The home owner should be issued a warning not to do it again which should require the home owner to review the gun laws and understand why he was called before the court.
This case just needs to be thrown out based on the Judge using his/her digression.
The home owner has no records, had a legal gun and felt threatened on his property. The home owner should be issued a warning not to do it again which should require the home owner to review the gun laws and understand why he was called before the court.
the problem is new york has a "duty to retreat law " and thats what your all missing...
you can not confront a violent situation head on.... you can use lethal force only in your dwelling if attacked after locking your self inside otherwise you risk having to defend yourself in court against a grand jury. im not saying it isnt worth it, im just saying this is why this poor guy has grief now.... .
the sad part is i bet no gang members were arrested....
for interesting reading you can read this case.....
the problem is new york has a "duty to retreat law " and thats what your all missing...
you can not confront a violent situation head on.... you can use lethal force only in your dwelling if attacked after locking your self inside otherwise you risk having to defend yourself in court against a grand jury. im not saying it isnt worth it, im just saying this is why this poor guy has grief now.... .
for interesting reading you can read this case.....
This case just needs to be thrown out based on the Judge using his/her digression.
The home owner has no records, had a legal gun and felt threatened on his property. The home owner should be issued a warning not to do it again which should require the home owner to review the gun laws and understand why he was called before the court.
This is precisely why he will be ground up in the KKKort system, to be made an example of. If it can (and it will) happen to him, why, it will happen to you when you dare defend yourself.
Aren't your 150k/year cops that are not even legally required to even intervene on your behalf good enough for you?
The law is similar in most states. A Kansas statute precludes citizens from suing the government or the police for negligently failing to enforce the law or for failing to provide police or fire protection. A California law states that “neither a public entity nor a public employee is liable for failure to establish a police department or otherwise provide police protection service.â€[6] As one California appellate court wrote, “police officers have no affirmative statutory duty to do anything.â€[7]
nor do you have to, but thats where you and your firearms are expected to be, waiting for the sanctuary of your home to be invaded,.
these laws were created to make lethal force a force of last resort.
lethal force is reactionary ,not a deterrant or to be used proactively.its to be used only to meet other lethal force when your sancuary is invaded. everything else is just different shades of gray in the law.
citizens dont have the same rights as law enforcement who can utilize their firearms anywhere.
in individual cases some ny courts have upheld other areas of ones home like a patio area or garage etc to be part of your "HOME" but its been case by case.
its funny but when this thread started and everyone was jumping on the band wagon that he had every right to go out there with his gun no one had any inclination that ny law is based on a duty to retreat law.
it shows you how we all know so little about our laws and we only believe the way things look to us is the way they have to be. but its rarely so in law.
guess if ignorance of the law is no excuse then why do we need lawyers?
the problem is anyone can buy a gun but no one is taught anything about the laws pertaining to one. i always thought that strange in most states.
like they want to catch you dong something wrong.
with long arms you get nothing about any of the laws when you buy one. in nyc with a handgun permit you get a little booklet with a summary of a few laws but no real explanation of what they mean.
nassau county im not sure what they give you,but suffolks permit comes with about the best of the lot and you get a guide with a little better explanation but its still a little fuzzy to really understand.
ill bet you though no one really even reads that stuff .
so this poor guy went outside with his gun and confronted the bad guys and tried to use the gun as a deterent because no weapon was displayed yet so that is a crime and is brandishing , he discharged his weapon within 500 ft of residences ,another law so thats a crime unless the criteria for using the weapon is met in the first place which it was not and he broke the duty to retreat law..
ill bet that cost him 25-50k in legal fees and fines alone assuming he gets off..
Last edited by mathjak107; 09-14-2010 at 03:11 AM..
This is precisely why he will be ground up in the KKKort system,to be made an example of. If it can (and it will) happen to him, why, it will happen to you when you dare defend yourself.
Aren't your 150k/year cops that are not even legally required to even intervene on your behalf good enough for you?
I'm not sure why we always have to think in this manner. I'd like to give the court system the benefit of the doubt and say race, religion or creed will have no baring on the outcome.
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