New York Castle Law: use it to your advantage! (Scott: 2015, subdivision)

[yodel]

Originally Posted by Airborneguy

I'm not going to apologize for the fact that you:

A) don't like NY's self-defense laws

B) prefer perps over law-abiding citizens

A) I don't agree with taking advantage of a self-defense law to murder someone.

B) Absolutely untrue. And if you were to do this, you'd be a perp.

[D. Scott]

For those us without guns, an old school Lousville Slugger or machete by the door will have to do. Keep in mind though the majority of people will be traumatized themselves if they kill somone. (Its probably worse with the 2 weapons above as its up close and personal.) Its better then you or your family but it still has a bad effect on everyone.

Violence has been commercialized so much many may not realize just how ugly, and often drawn out death can be in these cases. It will be a bad memory having the intruder bleeding out, or struggling to breathe do to a collapsed lung or similar.

Its sad we live in such a society. The increase in crime and violence is impacting us all. Its sure is happening to me. Almost 40 years here, I have never been so guarded and alert on the subway, or coming from or going to work.

Be safe, stay alert and lock your doors.

A nice cozy home in a forest or desert far away has never looked so appealing.

[Airborneguy]

Originally Posted by NJ Brazen_3133

I dont know. Who knows how often that kind of deal can be made?

I mean, if say I rob a store, and then someone tries to rob from me what I took, and I defend myself, does that absolve me of robbing the store? And remember just possessing an illegal gun is illegal.

Oddly enough, yes. BUT, I'm not advocating for perp self-defense. I'm talking about good citizens who are accosted by scum savs.

When that happens, if you're near your house, immediately run inside. Once there, all bets are off if they follow you.

Like, I'm washing my car out front and some interloper accosts me.

Step one: Run inside.

Step two: draw firearm

Step three: two shots center mass

Step four: call 911, retreat to safer location in my home as perp bleeds out. I cannot render aid because I am unsure of their ability to further inconvenience me.

Step five: "Officer I cannot hear well due to the shots and I am feeling anxious due to the perp attacking me in my home. I need an ambulance and a lawyer."

[Airborneguy]

Originally Posted by OyCrumbler

I think it’s more the idea that people may mistakenly kill people who are not criminals and then are excused for exercising poor judgment behind these laws. That seems like it’s within the realm of possibility.

I don’t like criminals and their violation of ethical codes and the harm they do, but the above also sounds unappealing.

Note that I was very specific: in your house.

For what reason would an unknown person follow you into your house besides to do harm?

[Huckleberry3911948]

What happens In the law book and what happens in a court of law are 2 different things

[Airborneguy]

Originally Posted by D. Scott

For those us without guns, an old school Lousville Slugger or machete by the door will have to do. Keep in mind though the majority of people will be traumatized themselves if they kill somone. (Its probably worse with the 2 weapons above as its up close and personal.) Its better then you or your family but it still has a bad effect on everyone.

Violence has been commercialized so much many may not realize just how ugly, and often drawn out death can be in these cases. It will be a bad memory having the intruder bleeding out, or struggling to breathe do to a collapsed lung or similar.

Its sad we live in such a society. The increase in crime and violence is impacting us all. Its sure is happening to me. Almost 40 years here, I have never been so guarded and alert on the subway, or coming from or going to work.

Be safe, stay alert and lock your doors.

A nice cozy home in a forest or desert far away has never looked so appealing.

Eh, it's not fun but it's not as bad as you think when the "person" you have to deal with made the choice to accost you. The emotional repercussions are their family's problem, not yours. You just did what had to be done to respond to their perpy decisions.

[jonbenson]

Originally Posted by Cida

I have no idea what a SAV

Savage

[yodel]

"If a SAV accosts your near your home, run inside. Then kill them." In that scenario the accoster would seem to be outside. You've got to be clearer with your murder advice.

[fluttereagle]

Originally Posted by D. Scott

For those us without guns, an old school Lousville Slugger or machete by the door will have to do.

That might work for some, but an elderly or disabled person, or anyone lacking physical strength, will be vulnerable to someone of greater strength. The gun is a great equalizer, particularly in a home invasion or random attack.

[jonbenson]

This is the full Castle Doctrine law in New York:



https://law.justia.com/codes/new-yor...zed%20by%20law.


2014 New York Laws
PEN - Penal
Part 1 - GENERAL PROVISIONS
Title C - DEFENSES
Article 35 - (35.00 - 35.30) DEFENSE OF JUSTIFICATION
35.15 - Justification; use of physical force in defense of a person.
Universal Citation: NY Penal L § 35.15 (2014)

35.15 Justification; use of physical force in defense of a person.
1. A person may, subject to the provisions of subdivision two, use
physical force upon another person when and to the extent he or she
reasonably believes such to be necessary to defend himself, herself or a
third person from what he or she reasonably believes to be the use or
imminent use of unlawful physical force by such other person, unless:

(a) The latter's conduct was provoked by the actor with intent to
cause physical injury to another person; or

(b) The actor was the initial aggressor; except that in such case the
use of physical force is nevertheless justifiable if the actor has
withdrawn from the encounter and effectively communicated such
withdrawal to such other person but the latter persists in continuing
the incident by the use or threatened imminent use of unlawful physical
force; or

(c) The physical force involved is the product of a combat by
agreement not specifically authorized by law.

2. A person may not use deadly physical force upon another person
under circumstances specified in subdivision one unless:

(a) The actor reasonably believes that such other person is using or
about to use deadly physical force. Even in such case, however, the
actor may not use deadly physical force if he or she knows that with
complete personal safety, to oneself and others he or she may avoid the
necessity of so doing by retreating; except that the actor is under no
duty to retreat if he or she is:

(i) in his or her dwelling and not the initial aggressor; or

(ii) a police officer or peace officer or a person assisting a police
officer or a peace officer at the latter's direction, acting pursuant to
section 35.30; or

(b) He or she reasonably believes that such other person is committing
or attempting to commit a kidnapping, forcible rape, forcible criminal
sexual act or robbery; or

(c) He or she reasonably believes that such other person is committing
or attempting to commit a burglary, and the circumstances are such that
the use of deadly physical force is authorized by subdivision three of
section 35.20.
__________________________________________________ ________________


To summarize the part being discussed:

2. A person may not use deadly physical force upon another person...
unless the initial aggressor... is in his or her dwelling...
(and) the actor..is under no duty to retreat

Originally Posted by Airborneguy

Remember: NY actually does have a castle law. It's fickle, but it works. If a SAV accosts your near your home, run inside. Then kill them. They deserve it and your home is your castle no matter how badly Diblasio and his leftist ilk want to impose savagery upon good citizens.

Just remember: the only good perp is a DEAD perp. Shoot straight. Ammo is expensive now. Perps lives are not worth $1.00 missed shots!

https://nypost.com/2020/08/19/retire...in-bronx-home/

So Airborne is advising that if someone is accosting you near your home run into your home because once you are there if you have put a loaded gun there and have enough time to get it, let the person follow you in and then kill them
and you will be protected by this law and be under no duty to retreat

Airborne has not clearly defined what might fall under the category of being accosted and I assume he's saying if you have the opportunity to slam the door and lock it don't do it, keep the door open

I don't think this scenario is common door open or shut