FPC Sues NY over AWB

[VietnamEraVet]

No, they want you to just lay down and die.

They really would prefer you not even punch the attacker.

NY laws are stupid when it comes to self defense, and can be made worse due to may issue. Been there, lived it.

A guy who had threatened to kill me multiple times (and I have the police reports where he actually admitted threatening me to the cops) showed up at my home uninvited and began screaming at me. Started to get out of his car and come at me. I used a judicious amount of relatively mild profanity to convince him to stay in his car and off of my property. I was carrying but kept it concealed, did not brandish it, and did not in any way infer that I even had it on me. I retreated, and called 911 too. Cops came, sent him away. Disarmed me temporarily, then returned my M&P 45 to me in pieces when they left.

Believe it or not, my local Chief of Police wrote to the PPO demanding that my Unrestricted NY CCW be suspended / revoked BECAUSE "I had used profanity, AND I had ammunition for my gun on me". On my own property no less! I had to turn my handguns in, hire a lawyer, and go to Court to try and get them back. In court, I reminded the judge that I would have been within my rights under NY Article 35 to shoot the dumb ass if he had continued to come after me, and that a gun without ammunition is just a piece of metal. The judge agreed and ordered my permit reinstated immediately. It still took me months to get them back (six months in total).

When it comes to self defense, NY's laws, and the attitudes of some people with a say in their "may issue" schemes really do suck.

 

[Egret-II]

You want the State to approve of you using a less lethal form of self defense ? This State ? The State that says you have a DUTY TO RETREAT ? That State ?

Are you perhaps smoking parmesean cheese with Hunter ?


This State wants, expects, and even commands you to NOT defend yourself from anyone, including ( especially ) THEM. Did you happen to notice the massive temper tantrum that Hochul had when SCOTUS released a couple decisions that she disagreed with recently ?

Go back and read my post..

 

[99redgtp]

I've knocked myself out cold (decades ago) using my nunchucks. Those suckers hurt like hell when you nail that spot on the back of your head.

My Grandad and I built a set when I was a kid. After we tried to use them we decided although fun to build and looked cool we would probably kill ourselves with them and decided they were display items only lol.

 

[Egret-II]

NY laws are stupid when it comes to self defense, and can be made worse due to may issue. Been there, lived it.

A guy who had threatened to kill me multiple times (and I have the police reports where he actually admitted threatening me to the cops) showed up at my home uninvited and began screaming at me. Started to get out of his car and come at me. I used a judicious amount of relatively mild profanity to convince him to stay in his car. I was carrying but kept it concealed, did not brandish it, and did not in any way infer that I even had it on me. I retreated, and called 911 too. Cops came, sent him away. Disarmed me temporarily, then returned my M&P 45 to me in pieces when they left.

Believe it or not, my local Chief of Police wrote to the PPO demanding that my Unrestricted NY CCW be suspended / revoked BECAUSE "I had used profanity, AND I had ammunition for my gun on me". On my own property no less! I had to turn my handguns in, hire a lawyer, and go to Court to try and get them back. In court, I reminded the judge that I would have been within my rights under NY Article 35 to shoot the dumb ass if he had continued to come after me, and that a gun without ammunition is just a piece of metal. The judge agreed and ordered my permit reinstated immediately. It still took me months to get them back (six months in total).

When it comes to self defense, NY's laws, and the attitudes of some people with a say in their "may issue" schemes really do suck.

The situation described here brings me to ask another question. If somebody is about to attack you and you really fear for your life. You can defend yourself by using deadly force under article 35. However, if somebody is arguing with you, like in this situation, and you know that person is dangerous. Can you pull out your gun to prevent him from attacking your or to make him retreat and not get your guns taken away from you?

 

[VietnamEraVet]

The situation described here brings me to ask another question. If somebody is about to attack you and you really fear for your life. You can defend yourself by using deadly force under article 35. However, if somebody is arguing with you, like in this situation, and you know that person is dangerous. Can you pull out your gun to prevent him from attacking your or to make him retreat and not get your guns taken away from you?

As I understood NY Article 35 from reading it, and taking courses when obtaining my permit, you are required to retreat to the maximum extent possible to avoid using DPF. If the situation calls for pulling it, then the situation calls for firing it to neutralize the threat. No brandishing it, and no firing warning shots either.

So, if you are in your bedroom at 3AM and someone breaks in, AND you are in fear for your life, you still need to retreat. Then, and only then can you use a firearm to stop the threat. No going out to your garage, or outside, and blasting someone stealing shit from your car.

I am quite certain that IF I had pulled my firearm on that asshole, that the local cops would have charged me with brandishing or menacing him. They should have arrested his ass for menacing me, but I guess that was too much paperwork for them. Besides, I was the one who was armed and actually COULD HAVE defended myself if things had escalated.

The laws vary quite a bit from state to state.

 

[spat]

The situation described here brings me to ask another question. If somebody is about to attack you and you really fear for your life. You can defend yourself by using deadly force under article 35. However, if somebody is arguing with you, like in this situation, and you know that person is dangerous. Can you pull out your gun to prevent him from attacking your or to make him retreat and not get your guns taken away from you?

You have to demonstrate a credible and imminent fear of death or grevious injury.

Can you convince a jury that there is a high likelihood you would have been killed or seriously injured if you had not pulled the gun ?

As for the "not get your guns confiscated", that depends much more on where you were than what you did.

 

[togmaster]

If I am getting attacked, especially by someone I don't know, I have no idea what their intentions are...

Actually I was going to write a whole thing to this, but I just woke up and don't want to come off mean.... so I'm just going to ignore all this

That's not like you. Everything ok?

 

[Edwardteach72]

That's not like you. Everything ok?

I wasn't wake yet lmao

 

[Tisto]

As I understood NY Article 35 from reading it, and taking courses when obtaining my permit, you are required to retreat to the maximum extent possible to avoid using DPF. If the situation calls for pulling it, then the situation calls for firing it to neutralize the threat. No brandishing it, and no firing warning shots either.

So, if you are in your bedroom at 3AM and someone breaks in, AND you are in fear for your life, you still need to retreat. Then, and only then can you use a firearm to stop the threat. No going out to your garage, or outside, and blasting someone stealing shit from your car.

I am quite certain that IF I had pulled my firearm on that asshole, that the local cops would have charged me with brandishing or menacing him. They should have arrested his ass for menacing me, but I guess that was too much paperwork for them. Besides, I was the one who was armed and actually COULD HAVE defended myself if things had escalated.

The laws vary quite a bit from state to state.

You have no duty to retreat inside your home.

 

[Tisto]

Go back and read my post..

I read it the first time. By your own words, you said that the State doesn't want you to defend yourself with a gun, so they should want you to use a less lethal.

I'm saying that they don't want you to defend yourself at all.