New York Firearms Forum banner
1 - 5 of 5 Posts

·
Super Moderator
Joined
·
4,891 Posts
NYS does have a duty to retreat but you can defend yourself or others in a deadly use of force situation.
As stated above you do not have a duty to retreat in a home if it is occupied. You do not need to climb out a window kr anything of the sorts. My rule for my house is my first floor is unoccupied and I have no desire to kill anyone unless absolutely necessary so I will not seek them out but if they come up my stairs or in my stairwell to my second story all bets are off and you’re directly threatening my family at that point. Of course the police will be called immediately and I will be ready.
Also something to note is if you are a guest at a home the same standards apply but you can not take a life for the theft of an unoccupied building. There’s a good acronym Dr Barks that is a good rule of when you can use deadly physical force. Then the issue comes is you need to be aware of what the legal terms mean like robbery is someone stealing from what’s on your person and burglary is theft from an occupied home.
 
1 - 5 of 5 Posts
Top