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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 don't know anything about a Castle Doctrine but I do know some old man in Amherst shot & killed a guy who accidentally walked into his house in the middle of the night. The guy was visiting friends in the area, went out got drunk & then walked into the wrong house. No charges were ever pressed against the old man even though the intruder never threatened him nor did he ever do anything to put the old mans life in jeopardy. This is pure speculation on my part as I really don't care about guns one way or the other but if that old man didn't get prosecuted for killing someone who accidentally walked into his house I imagine they wouldn't prosecute you if a rapist or robber broke into your home.
That being said, when my mother in law moved here from Texas a few months ago she decided to leave her guns with her brother in Houston as she said it was going to be a big hassle (and very expensive) to get them registered in NY.
From Wikipedia: A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine arising from English Common Law that designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend that place (his "castle"), and any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine.
Florida passed this law in 2006. I was just interested if NYS specifically has a statute addressing this. Without it, to me it would seem that it would be up to the discretion of the police and prosecutor if something like this ever happened to a homeowner.
I know what a Castle Doctrine is. I moved here from Texas, the most gun friendly state in the Union .... I don't know if such a law exists in NY though (as I own no guns so I never cared to research it).
You need a permit to possess a hand gun in New York......even if you only keep it in your house for protection......you can however own a rifle/shotgun without a permit unless of course you live the the Welfare Capitol of the World...NYC...
The laws have changed and you are now allowed to defend your household without an obligation to flee/retreat/run/etc......but you have to be in your home and I am sure you cannot pursue the intruder if he/she turns and runs...
Enjoy your move...but I would really re-think NY...for it is getting more and more expensive to live here...
-We do NOT have castle doctrine. [Some shootings are considered justified: like the person shot at you first. It is up to a town judge and cops to decide if it is justified]
-You cannot legally have a handgun without a permit; mostly they are issued for target and hunting. you need a good reason to have a CCW permit.
-If you have a felony record, forget a long gun as well.
-NYC has an entirely different set of gun laws and they have no intention of ever obeying even the Supreme Court decisions. [When we go thru NYC, we call my cousin ( a NYC cop) who carries the handgun through for us. easier than jumping thru Bloomberg hoops. We get it back on LI]
Ok, so if you can legally have a gun ( not a criminal), you can get a shotgun. you need to pass the federal background check unless you buy privately [not a real good idea if you are trying for a permit at the same time] Take the NRA pistol permit course and apply for a permit. You need references (3), generally from the area you live (used to be the town, now it is the area/county). You are then checked out by the sheriff or sometimes the troopers ( used to be sometimes even FBI, depending on where you lived). Then you get a permit and need to get a gun on the permit within 30 days -- otherwise the permit is invalid.
[FYI: Most of the family has permits and we also have in instructor in the family.]
Location: Appalachian New York, Formerly Louisiana
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My family lives out in the back-country of the southern tier. They live in the hills in an old farm house. They have always had guns, and a lot of them. Never had any trouble.
So if you are moving out to a rural area I'm sure there will be no issues.
NYS is but one of the options we are thinking about along with VA. I have an affinity for NYS as I grew up there. I know it's expensive tax-wise. But, my situation is a bit different than the average resident. Anyway, I was thinking about either Saratoga or Warren Counties.
Location: Appalachian New York, Formerly Louisiana
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Quote:
Originally Posted by orlandoyankee
NYS is but one of the options we are thinking about along with VA. I have an affinity for NYS as I grew up there. I know it's expensive tax-wise. But, my situation is a bit different than the average resident. Anyway, I was thinking about either Saratoga or Warren Counties.
Oh! Hudson highlands. A beautiful area!
Could be rather costly out there though. What do you think of central/western NY? The southern tier in general tends to be cheaper.
Oh and, Virginia is also a great state. I would definitely live in the mountains in VA.
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You Need A Permit
...even if you only keep it in your house for protection...
...you can however own a rifle/shotgun without a permit unless of course you live the the Welfare Capitol of the World...NYC...
...but you have to be in your home and I am sure you cannot pursue the intruder if he/she turns and runs...
