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Hello everyone,
This is my first official post and I really love the forum. I am learning so much. I currently do not own any guns, but I am doing my research with regards to laws, safety etc.. before purchasing. I can't seem to find any information on the forum in regards to HD laws. I have heard many different things from talking to friends. From my understanding:
1: if a burgular enters your home and you grab your gun and shot them as they is leaving with your goods, you goto jail? (shooting in back is a no no)
2. if the intruder is not armed and you shoot them, you goto jail for murder.

I guess for these reasons people buy insurance for these types of situations. I live in NYC, and I also believe it is ridiculous that you get put in jail for shooting someone in order to protect your family. Is there any place where I can read more information about this topic. Any government documents?
Another thing I have heard it is almost a definite that the family of the intruder is likely to sue the victim that kills the intruder.
Any further information on this topic such as stories are greatly appreciated to help further my knowledge of HD laws.
 

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Welcome to the forum ! The way the law reads is that if you have no retreat available ( if there is one way in and out ) even if he is unarmed ( at this time could you tell ? ) you may still be av
ble to defend yourself . This is a grey area of the law as far as anyone knows . Do some more research on it so you can figure it out or call a lawyer cause that's the plan I know of !
 

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Welcome to the forum ! The way the law reads is that if you have no retreat available ( if there is one way in and out ) even if he is unarmed ( at this time could you tell ? ) you may still be av
ble to defend yourself . This is a grey area of the law as far as anyone knows . Do some more research on it so you can figure it out or call a lawyer cause that's the plan I know of !
You have no duty to retreat in your own home.

That being said, you are referred to Article 35 of the NYS Penal Law.
Never get legal advice from your friends or the Internet. Read the law.
 

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Article 35 - New York State Penal Law - Defense of Justification
2. A person may not use deadly physical force upon another person
under circumstances specified in subdivision one unless:
(a) The actorreasonably 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 personalsafety, to oneself and others he or she may avoid the
necessity of so doing by retreating; except that the actoris under no
duty to retreat if he or she is:
(i) in his or her dwelling and not the initialaggressor; or…

 

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Article 35 - New York State Penal Law - Defense of Justification
2. A person may not use deadly physical force upon another person
under circumstances specified in subdivision one unless:
(a) The actorreasonably 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 personalsafety, to oneself and others he or she may avoid the
necessity of so doing by retreating; except that the actoris under no
duty to retreat if he or she is:
(i) in his or her dwelling and not the initialaggressor; or…

There is more to that of course, but when I reviewed the NYS law I thought it was pretty reasonable. I think some states have gone full bore retard (particularly Texas) in when they allow you to use deadly force, but NYS seemed reasonable. Essentially if you're in your house and there is a bad guy there you're quite protected by the law. Certainly there is no necessity for a burglar at 2 am to have a weapon for you, in turn, to use one.
 

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Blimey,
In my previous post I was able to copy and paste the Article 35 link, but the section pertaining to deadly physical force inside the home wouldn't come through in my post, no matter what I did,
Respects, Pedro.
 

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Article 35 - New York State Penal Law - Defense of Justification
2. A person may not use deadly physical force upon another person
under circumstances specified in subdivision one unless:
(a) The actorreasonably 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 personalsafety, to oneself and others he or she may avoid the
necessity of so doing by retreating; except that the actoris under no
duty to retreat if he or she is:
(i) in his or her dwelling and not the initial aggressor; or…

Fixed it for you.
 

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Deadly physical force is an interesting term. Unlike some states I read that to mean that if you think you're about to get a serious ass beating and you're totally innocent--but you don't reasonably think it's about to result in death--you're under no right to use deadly force. I know other states allow you to use it if you think you're about to get seriously harmed (about to get dead not a prerequisite).
 

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In a nutshell, New York State's laws (and gun laws) have become so antiquated they end up giving to much discretion to the LEO and/or prosecutor. They have not kept pace with modern times. Most of these laws were written before the age of political correctness, Miranda rights, and segregation.
 

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Interesting first post... I really begin to wonder about these.

That said, lets understand something straight up... Deadly Physical Force does not need to be rendered using a firearm. You MUST understand the difference. You can use your fists and still be in a world of trouble in NYC.

When you obtain your TRAINING prior to purchasing, I would make sure you chose wisely on who will be the trainer. It can make a world of difference in your understanding. Bottom line is this, of you feel your life is THREATENED you may do whatever is necessary to avoid it ending and worry about it later. Do not let the worry of trouble afterwards make you hesitate in preserving your life. Just remember, that knowing what to do afterwards is as important as knowing what to do to protect yourself, ie., don't talk to anyone except a lawyer. You will not convince anyone of anything, your words will only be a record of what to use against you, formulate a case or charges against you, or the become basis of fact in order to convict you!

PS, its helpful if its YOUR story is the only one being told?
(only in the movies do they shoot knives out of hands)

:D
 
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