Not sure a single “shot through a closed door” example have ended well for any shooter recently in any state; I’m aware of three that made the news.
The discussion WAS going real well.
S 140.10 Criminal trespass in the third degree.
A person is guilty of criminal trespass in the third degree when he
knowingly enters or remains unlawfully in a building or upon real
property
(a) which is fenced or otherwise enclosed in a manner designed to
exclude intruders; or
(b) where...
Justification is spelled out above for dwelling.
S 140.00 Criminal trespass and burglary; definitions of terms.
The following definitions are applicable to this article:
1. "Premises" includes the term "building," as defined herein, and any
real property.
2. "Building," in addition to...
Penal Law Section 140.05
Trespass
A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises. Trespass is a violation.
Also physical vs. deadly force becomes a whole other mud fight. In the thread example I didn’t hear anything about weapons. Shooting through a closed door also becomes a? And a liability point. Moving to use of deadly force needs a justification. You also have to be cautious not to provoke the...
This has the dwelling reference as posted above. But note the justification reiterated.
S 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...
NYS PENAL 35
S 35.05 Justification; generally.
Unless otherwise limited by the ensuing provisions of this article
defining justifiable use of physical force, conduct which would
otherwise constitute an offense is justifiable and not criminal when:
1. Such conduct is required or authorized...
Agree. Discussion which continues. Several judges interpret (no solid case law established) it differently within the state. Due diligence and making sure you speak correctly after the fact becomes paramount. Someone in your dwelling, with means or shown intent of serious injury or death; well...
In NYS, you still have a duty to retreat until no longer safe to do so depending on situation. Even in your castle. No saying I fully agree, just explaining.
Correct….. but only after Duty to Retreat and Justification have been met. Each state defines each differently. Also why I poster the state applicable laws.
Texas (as an example) extends their Castle Doctrine to hotel rooms
A lot of variables. They do have Castle Doctrine but I’m still looking for their definition. Justification is also hard to find in their penal code. Stand your ground is also there. https://www.legislature.mi.gov/documents/Publications/Firearms.pdf
The unanswered question: What were all...
I’m not sure we’re all thinking about what this requires. We’ve already given Google Maps, our routines, our habits where we go where we stop where we live. In order for this system to work it’s gonna require either a new vehicle with a navigation system, otherwise how do they know what the...
No, that was the suit against the State. They need to go against the individuals responsible for legislation within their oath and legal restrictions. The Gov and legislature have legal review teams and an AG. They continue to openly violate. That would be willful negligence and is not protected...
The churches next step should be a civil case against the creators, approvers, and AG. Willfully ignoring and violating law. Don’t allow the insurance settlement. These continued infringements outside of law and targeting a select demographic are outside of their oath, scope of function and...
… because noone ever has been in a position they needed to accelerate quickly to avoid a situation…..ever.
How my State policing do we really need? Limit Sugar….OR establish your diet is effecting your health and YOUR health rates may increase. Limit speed… OR enforce what you have (OBTW, A...