Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > New York
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 05-26-2011, 07:01 AM
 
152 posts, read 321,111 times
Reputation: 48

Advertisements

Quote:
Originally Posted by orlandoyankee View Post
First, I was formerly a resident of NYS up to 30 years ago. I was/am fully aware of the anti-gun mentality of the politicians in NY. However, since I am considering UPSTATE NY to move back to in another year, I am trying to get an idea about what the laws say about gun ownership in your own home. Not talking about concealed-carry. In the upstate areas (north of Albany), is it legal to have a handgun in your own home for protection? Also, here in FL, we have what is called the "Castle Doctrine" regarding the use of deadly force on home intruders. Is there such a law in NYS? Or are you hung out to dry if you happen to shoot a home intruder while protecting your family? Just interested in determining if the law exists in NYS. Am not interested in defending the Castle Doctrine to those who don't agree with it.
i know you want to know about the gun laws, but again i would like to remind those who retire to please please please consider good healthcare in your location. You may be healthy now, but you may not always be that way. And i know NY upstate areas have some excellent healthcare, so please be within an hour of one of them. my area in PA has terrible healthcare and no public transportation , i can't tell you how many retirees i run into who didn't think of that and get stuck at the hospital with no way home... just a thought... have a good day... good luck with your move
Reply With Quote Quick reply to this message

 
Old 05-28-2011, 11:22 AM
 
Location: Orlando, FL
275 posts, read 791,184 times
Reputation: 209
Quote:
Originally Posted by cincur63 View Post
i know you want to know about the gun laws, but again i would like to remind those who retire to please please please consider good healthcare in your location. You may be healthy now, but you may not always be that way. And i know NY upstate areas have some excellent healthcare, so please be within an hour of one of them. my area in PA has terrible healthcare and no public transportation , i can't tell you how many retirees i run into who didn't think of that and get stuck at the hospital with no way home... just a thought... have a good day... good luck with your move
Absolutely. Couldn't agree more. If I do choose upstate NY (and that is a big "if" right now), I would prefer the Saratoga/Glens Falls area. They both have local hospitals plus the Albany area is an hour or less away. Also, Boston and NYC are 3 hrs away for world-class medical facilities.

My concern about guns is not so much that I have to be able to have an arsenal at my disposal. It's more like what would happen to me if I shot an intruder in my own home with a handgun. I don't want to be put in a situation where I end up being the criminal because NY doesn't recognize self-defense as being a valid reason to shoot someone. However unfortunate that may be. So, I'm figuring that to even own a handgun in one's own home in upstate NY, one must secure a permit, which sounds like getting one is at the discretion of the local authorities.
Reply With Quote Quick reply to this message
 
Old 05-29-2011, 07:48 AM
 
152 posts, read 321,111 times
Reputation: 48
Quote:
Originally Posted by orlandoyankee View Post
Absolutely. Couldn't agree more. If I do choose upstate NY (and that is a big "if" right now), I would prefer the Saratoga/Glens Falls area. They both have local hospitals plus the Albany area is an hour or less away. Also, Boston and NYC are 3 hrs away for world-class medical facilities.

My concern about guns is not so much that I have to be able to have an arsenal at my disposal. It's more like what would happen to me if I shot an intruder in my own home with a handgun. I don't want to be put in a situation where I end up being the criminal because NY doesn't recognize self-defense as being a valid reason to shoot someone. However unfortunate that may be. So, I'm figuring that to even own a handgun in one's own home in upstate NY, one must secure a permit, which sounds like getting one is at the discretion of the local authorities.
I understand, and i'm not sure about NY. I know long island doesn't like people to shoot intruders. (guy in miller place did it, long story , but he went to jail for a few years, he was black, kid was white, gun wasn't registered ... shotgun? not sure ) Upstate is a different ball game. I am not sure of their views or laws. Pennsylvania has the castle doctrine.
Reply With Quote Quick reply to this message
 
Old 06-20-2011, 04:23 PM
 
1 posts, read 1,478 times
Reputation: 10
Default Florida Castle Law

I'm a refugee from NYC. I moved to Florida twenty five years ago.
Last night my next door neighbor was at home when a burglar using a crow bar attempted to forcibly break into her condo apartment. He did severe damage to her front door frame and to her Florida room windows. My question is: If he returns tonight and attempts to forcibly break into my condo apartment would I be justified in shooting him through the door or would I have to wait until he is inside my home?
Reply With Quote Quick reply to this message
 
Old 06-20-2011, 07:17 PM
 
Location: Orlando, FL
275 posts, read 791,184 times
Reputation: 209
Quote:
Originally Posted by CallMeIshmael View Post
I'm a refugee from NYC. I moved to Florida twenty five years ago.
Last night my next door neighbor was at home when a burglar using a crow bar attempted to forcibly break into her condo apartment. He did severe damage to her front door frame and to her Florida room windows. My question is: If he returns tonight and attempts to forcibly break into my condo apartment would I be justified in shooting him through the door or would I have to wait until he is inside my home?
My interpretation is that the burglar has to physically be inside your dwelling. If you shoot him while he is outside the door, that is not considered a threat to your life. He breaks down the door and enters, well then that is another kettle of fish.
Reply With Quote Quick reply to this message
 
Old 06-21-2011, 10:27 AM
 
Location: Inis Fada
16,966 posts, read 34,636,857 times
Reputation: 7722
Quote:
Originally Posted by cincur63 View Post
I understand, and i'm not sure about NY. I know long island doesn't like people to shoot intruders. (guy in miller place did it, long story , but he went to jail for a few years, he was black, kid was white, gun wasn't registered ... shotgun? not sure ) Upstate is a different ball game. I am not sure of their views or laws. Pennsylvania has the castle doctrine.
There aren't many instances in the news on LI of people shooting intruders. IMHO if someone were to use their firearm in self defense within their home, the court would look at the big picture and might see it as self defense, should evidence point at that.

The White case (the black shooter's last name is White) was far more complex. A gang of white kids stormed his property hellbent on beating up his son for something that the son didn't do (unknown at the time.) Racial epithets were tossed around and the homeowner (Mr White) allegedly felt in fear for his life. Instead of retreating into his house, locking the doors, calling 911, Mr White charged the kids, got in a scuffle in his front yard with one and wound up shooting him at close range. The boy died. Mr. White was charged with second degree manslaughter and criminal possession of a weapon.

Mr. White served 6 months for his crimes; Gov. Paterson commuted his sentence.
Reply With Quote Quick reply to this message
 
Old 06-22-2011, 07:23 AM
 
152 posts, read 321,111 times
Reputation: 48
Quote:
Originally Posted by OhBeeHave View Post
There aren't many instances in the news on LI of people shooting intruders. IMHO if someone were to use their firearm in self defense within their home, the court would look at the big picture and might see it as self defense, should evidence point at that.

The White case (the black shooter's last name is White) was far more complex. A gang of white kids stormed his property hellbent on beating up his son for something that the son didn't do (unknown at the time.) Racial epithets were tossed around and the homeowner (Mr White) allegedly felt in fear for his life. Instead of retreating into his house, locking the doors, calling 911, Mr White charged the kids, got in a scuffle in his front yard with one and wound up shooting him at close range. The boy died. Mr. White was charged with second degree manslaughter and criminal possession of a weapon.

Mr. White served 6 months for his crimes; Gov. Paterson commuted his sentence.
yes, so the castle doctrine , like we are saying , is not in effect on long island. if it were, then he would never have been tried at all. There aren't too many gun owners on long island with the gun laws being stricter there then say pennsylvania. So you won't see many people shooting for self defense, since many don't legally own guns.
Reply With Quote Quick reply to this message
 
Old 06-22-2011, 08:22 AM
 
Location: Smithtown, NY
1,726 posts, read 4,025,809 times
Reputation: 1346
Quote:
Originally Posted by cincur63 View Post
yes, so the castle doctrine , like we are saying , is not in effect on long island. if it were, then he would never have been tried at all. There aren't too many gun owners on long island with the gun laws being stricter there then say pennsylvania. So you won't see many people shooting for self defense, since many don't legally own guns.
Castle Doctorine would not have applied since this incident took place outside of the home.
Reply With Quote Quick reply to this message
 
Old 06-25-2011, 08:29 AM
 
3,852 posts, read 4,506,012 times
Reputation: 4516
There is no castle doctrine in NY. You are only authorized to use deadly force if you reasonably believe it is necessary to prevent deadly force being visited on yourself or another (or to prevent arson). You also have a duty to retreat if possible, but not in your own home.

This doesn't mean that you can shoot someone that is using a crowbar on your window. Once he's inside, and comes at you with the crowbar, then you can shoot him. If he's running away, you can't shoot him.
Reply With Quote Quick reply to this message
 
Old 06-25-2011, 08:14 PM
 
2,851 posts, read 3,467,667 times
Reputation: 1200
Quote:
Originally Posted by Interlude View Post
There is no castle doctrine in NY. You are only authorized to use deadly force if you reasonably believe it is necessary to prevent deadly force being visited on yourself or another (or to prevent arson). You also have a duty to retreat if possible, but not in your own home.

This doesn't mean that you can shoot someone that is using a crowbar on your window. Once he's inside, and comes at you with the crowbar, then you can shoot him. If he's running away, you can't shoot him.
So remember to rob people walking backwards so they can't shoot at you.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:



Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > New York

All times are GMT -6. The time now is 05:33 PM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top