Within the letter of the law or not????

rochram_1968 · May 3, 2012

I can not find an answer to a question concerning a resident in a household using a gun that is on another residents permit to defend themselves. Say I am in Buffalo for a Bills game, and someone breaks in my house and my wife shoots them with one of my (Legal gun on permit) guns is she within her LEGAL rights?? I think she is actually seeing my point of view about guns and might apply for a permit of her own....BUT till then...???? Please no opinions,,, would like a place in a law. Can not find it in any gun laws for NY that I can find and have read.

Darthgamer138 · May 3, 2012

Another "Worry about the courts later" situation.

In NYC it happened where a woman DID just that and WAS charged though.

Spikehorn11 · May 3, 2012

I would write your DA and ask them.

Degenret · May 3, 2012

Until then, get her a shotgun. And do whatever it takes to make her use it a few times. Have her read about Sarah McKinley.

usmcveteran · May 3, 2012

The case with the woman in NYC used her husbands firearms (he was retired cop) to defend herself from her husband and she shot and killed him. She was found not guilty of murder but then was charged with possession of those firearms without permit.

As far as the law goes then yes she would be breaking the law since there is no specific exemption for a non permit holder to use a pistol in self defense. Its late (or early) right now so I am not gonna post specefic laws but suffice it to say all pistols are illegal to possess in NYS. The only exemption to that is article 400 of the penal law which is the law about permits.

EnfieldGuy · May 3, 2012

As far as I now she would be charged... A non licensee can not even touch a pistol let alone use one even in an emergency situation.

Trekmtbr89 · May 3, 2012

I'd rather be alive in prison, then dead - But buy her a shotgun so you don't even have to think about this, it's better for home protection anyways.

Sweet98 · May 3, 2012

If you are the sole permit holder for a pistol, it is your responsibility to make sure that firearm is not accessible to others.

IMO, sometimes what's legal is not always what's right... If someone breaks in to your home with intent to harm your wife, I feel she is justified in defending herself by any means necessary. When it all comes down to it, she'd prolly get tagged w/ illegal possession... which could be further fought thru a trial.

I can't think of many people who would punish someone for defending themselves in their home by using a pistol they weren't permitted to - and if a jury did decide that she was guilty of it, i'm sure it can be plead down / mercy from the judge, etc

Your scenario is EXACTLY why I made my g/f get her permit and put my gun on it, I never have to worry about her being illegally in possession of it, so get her to get it asap, and also as stated, it might be time to think about getting a shotty

SomeSoldier · May 3, 2012

"Sometimes, doing the right thing ain't doing the right thing" (Samuel L. Jackson -2003)

davejensen · May 3, 2012

Not within the letter of the law. How likely it is that someone would be charged is a different matter.

Sweet98 · May 3, 2012

SomeSoldier said:
"Sometimes, doing the right thing ain't doing the right thing" (Samuel L. Jackson -2003)

Your honor, we'd like to start by saying that we are going with the Sammy J defense...

LOL

SomeSoldier · May 3, 2012

^ 60% of the time it works every time.

FTWNY · May 3, 2012

usmcveteran said:
The case with the woman in NYC used her husbands firearms (he was retired cop) to defend herself from her husband and she shot and killed him. She was found not guilty of murder but then was charged with possession of those firearms without permit.

As far as the law goes then yes she would be breaking the law since there is no specific exemption for a non permit holder to use a pistol in self defense. Its late (or early) right now so I am not gonna post specefic laws but suffice it to say all pistols are illegal to possess in NYS. The only exemption to that is article 400 of the penal law which is the law about permits.

It was more than just her not having a permit:

On the day of the killing in February 2008, Ms. Sheehan shot her husband five times with a pistol after he had been shaving in their Howard Beach home. Then, when he went to grab a second gun that had been sitting on the bathroom vanity, she said, she reached it first, and used it to shoot him six times. His body was found on the bathroom floor, the faucet still running.

After nearly three days of deliberations, a jury of nine women and three men on Thursday found Ms. Sheehan not guilty of second-degree murder, but guilty of possessing the second weapon. The reasoning, the jurors said, was that Mr. Sheehan was already very badly wounded and no longer posed a threat when Ms. Sheehan shot him with the second gun. Ms. Sheehan was sentenced to 5 years.

I have spoken with a local DA off the record about this, he says that as long as the shooting was clearly self defense he does not believe any DA would waste their time pursuing charges. (* This was HIS opinion*)

CrackSlinger · May 3, 2012

Not for nothing, this is not a legal opinion... I would tell anyone, especially a woman, to grab an unlicensed firearm and shoot the person presenting the deadly threat. Could you imagine if they defiantly went to trial and told the jury exactly what was going through their mind? No jury would convict. Especially if the shooting was good?????

Keith

Degenret · May 4, 2012

Sweet98 said:
Your honor, we'd like to start by saying that we are going with the Sammy J defense...

LOL

Is that related to the Chewbacca living on Endor defense?

Darthgamer138 · May 4, 2012

Degenret said:
Is that related to the Chewbacca living on Endor defense?

South Park - The Chewbacca Defence - YouTube

That does not make sense.

SomeSoldier · May 4, 2012

Darthgamer138 said:
South Park - The Chewbacca Defence - YouTube

That does not make sense.

It was kinda ment to be a joke but if you think about. Either break the law and defend yourself with a firearm you don't have a permit for or don't defend yourself and die. I'll take my chances with a jury.

Jeff · May 4, 2012

What's the legal name for when you commit a crime in order to prevent a bigger crime from happening?

1125rguy · May 4, 2012

Personally, I wouldn't want my wife using a pistol over my 870. I have personally seemn the damage both can do in a close quarters situation, and a shot to the chest of someone who poses an immediate threat with a shotgun is far more productive than feeding him a 9mm bullet IMO. But for an at home situation, it would depend on ease of access and ability to use efficiently. If your wife did have to resort to the use of a pistol and an imminent threat could be proved, I couldn't see a DA trying to prosecute, especially with the negative media attention it would draw.

Darthgamer138 · May 4, 2012

1125rguy said:
Personally, I wouldn't want my wife using a pistol over my 870. I have personally seemn the damage both can do in a close quarters situation, and a shot to the chest of someone who poses an immediate threat with a shotgun is far more productive than feeding him a 9mm bullet IMO. But for an at home situation, it would depend on ease of access and ability to use efficiently. If your wife did have to resort to the use of a pistol and an imminent threat could be proved, I couldn't see a DA trying to prosecute, especially with the negative media attention it would draw.

I keep my Walther P99 (or Glock 26) in my bedroom AND a Mossberg 590. The hard fact is the pistol is MUCH faster to get to, but if I have some time, I'd take the Mossberg with 00 Buck and the pistol with Hornady Critical defense tucked in my waist.

Within the letter of the law or not????

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