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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..
Those laws are irrevelent, they were passed by a regime that does not have the consent of the governed. All human beings have a right to self defense period. New York, and especially NYC like to pretend that this is not the case but they are in the wrong. To take away my right to defend myself by demanding I have a duty to retreat in the face of violence is violating my rights as a native born American citizen, and and as human being. If Adolf Bloomberg and the anti-gun nuts in Albany don't like it then too bad because I have a right and a DUTY to defend myself, my family, and my community from criminals and terrorist thugs like MS-13.
What's the saying? A gun in hand is better then a cop on the phone? Or cops are minutes away when seconds count?
Those laws are irrevelent, they were passed by a regime that does not have the consent of the governed. All human beings have a right to self defense period. New York, and especially NYC like to pretend that this is not the case but they are in the wrong. To take away my right to defend myself by demanding I have a duty to retreat in the face of violence is violating my rights as a native born American citizen, and and as human being. If Adolf Bloomberg and the anti-gun nuts in Albany don't like it then too bad because I have a right and a DUTY to defend myself, my family, and my community from criminals and terrorist thugs like MS-13.
What's the saying? A gun in hand is better then a cop on the phone? Or cops are minutes away when seconds count?
These laws were in effect before Bloomberg was mayor and any current anti-gun nuts were in Albany. It's been this way for decades and probably for the majority of the 20th Century at least.
These laws just go hand in hand with not allowing citizens to have handguns (with few exceptions) in this state. The way things stand in NYS, everything is more in favor of protecting the criminals than the homeowners.
there are very few circumstances now in nyc and nassau where full carry is issued. but everything else is as easy as can be to get. thats why the ruling in chicago was a non event for us........
Other states are much more lenient, as are counties upstate. They don't purposely wait until the window is up (they are required to process the request within 6 months) until practically the very last second in hopes of being able to disqualify as many people as possible for minor, trivial issues like NYPD, NCPD, and SCPD do.
It's very well known by LI gun enthusiasts that the SCSO (which handles permits for Suffolk's 5 Eastern towns) issues full carry permits much more frequently then the county police do and do it much quicker. Why? Because the sheriff is elected by the people and is not a limp wristed political hack like everyone holding a rank above captain in the above mentioned police departments.
nyc has restricted the permits so much that except for hunting you cant even leave the city limits into the rest of ny state technically.
so far only one range in yonkers is a "NYPD APPROVED RANGE" outside of the city limits.
so far long island has been accepting nyc permits at their ranges but technically they arent supposed to unless the long island range is a nypd approved range . there is no list of what is and what isnt .
the chicago ruling said states have to issue gun permits if they dont have a mechanisim in place for doing so. but they can still be restricted as each locality sees fit .
new york citys little bag of tricks was it did away with the target hunting permit which was actually a restricted carry. there is no such thing as a target hunting permit in state law . if you got caught carrying it was not a criminal offense it was a permit mis-use and got your permit taken away but it was no crime.
nyc now has a residence permit. in the state law its a crime to be outside of your residence so if you get caught carrying you can be charged,
since state law says you cant be out of the residence except 1 day a month to go to a range with prior written permission you cant hunt or target shoot.
soooooo you got to love nypd. they give you a permission slip to go hunting with a valid hunting license and the right to go unlimited to a nyc approved range..
even though state law says the permits not valid outside the residence the courts have said that nypd can modify the state law to fit their circumstances....
Last edited by mathjak107; 09-14-2010 at 05:38 PM..
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