:banghead:
No you are an idiot… I had heard in a business law course I slept through, that they do in fact have to be showing a threat to you or anyones well being in the house. I just asked a friend who is a criminal justice major and he verified the same thing.
JK
thats niagara falls… the rest of wny is a little less ghetto and civil.
HAVE YOU EVER TAKEN A GUN CLASS? HAVE A HUNTING LICENSE? HAVE YOUR CARRY PERMIT?
Everything you have said is wrong! You can not just shoot someone for breaking into your residence in NY
So what do you do if a guy is in your house stealing your TV right in front of you. He has the T.V. in his hands and is walking around your house filling a bag full of all of the house diamonds. Do you sit there and watch? If you approach him and physically try to stop him, it could get more violent. It could become a “life or death situation” where he could be attacking you with the T.V! Save yourself the trouble, shoot him. Kidding kidding… 
But in all seriousness… what can you do if a guy is in your house stealing your shit right in front of you?
coming from a guy who had an fbody, has a mustang and a mullet?:roflpicard:
Read the law, all they have to do is make a move tword you.
Worst advice ever.
What the fuck is wrong with you people!
coming from the guy who set up an air conditioner in the middle of his living room
No mustang No mullet…Been about a year since I had the Firebird :lol:
You’re just wrong on all fronts…
Here is your case law that says you may not use deadly force. It is direct from NYS Penal Codes
FGGT: http://www.nycourts.gov/cji/1-General/Defenses/CJI2d.Justification.Criminal_Trespass.pdf
yet again nyspeed proves justkarter is dumb as shit.
I am also tearing through some case law so that I can cite a case where a homeowner went to jail for this exact scenario. It is hard to dig out since “Criminal Trespass” happens so often in NY.
who the fuck would try stealing shit from justkarters house i bet they were disappointed when they entered an empty house
Ya I love how 90% of the posts on this thread talk about its OK to shoot at someone.
There is cases in NY where a burglar has been injured trying to rob a home and suing the owner.
You can not shoot at someone in defense unless you are protecting your life and they are coming at you with a deadly weapon. In that case, you only are going to be charged with self defense but you still will see some jail time.
Actually I think he’s right. If you read the actual law that I posted, section one says that you are justified in using force against someone using unlawful force. Section 2 says you are justified in using deadly force if the aggressor is using unlawful force to commit burglary.
Based on the “fat” comments to him, I would assume he has a pretty well stocked fridge.
Originally Posted by New York State Penal Law Section 35.15
Justification; use of physical force in defense of a person.
- 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. - 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.
you dont have to retreat if your in your home.
So all you have to do is Think they are going to use force or if they make a move tword you.
As I said READ THE LAW.
Criminal tresspass and breaking and entering/home invasion are 2 different animals.
hahaha my bad
That’s not exactly case law. It’s codified case law within a statute, but I respect your resourcefulness.
> New York State Penal Law Section 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
>
> 2. A person may not use deadly physical force upon another person
> under circumstances specified in subdivision one unless:
(b) He or she reasonably believes that such other person is committing
or attempting to commit…robbery
#1 - They have to be using unlawful force against you.
#2 - They have to be using unlawful force to commit robbery.
No?