New York self defense laws... (discussion)

[Saltwater60]

As I understand it , if I hear a rustling downstairs, and they make no attempt to come upstairs where we all are, it's a no-no for me to go charging downstairs guns blazing, as that could be considered "instigating" the confrontation. That how LE sees it as well?

That’s exactly what my gun trainers said too. That makes sense to me.

My rule is you can have anything that’s down stairs that you want. You come upstairs and I’ll do my best to kill you ASAP. All my bedrooms are upstairs. You come up there and you likely won’t be leaving on your own will.

 

[spat]

This still seems shocking to me that NY would allow a person to use deadly force to stop somebody else burning a shed (?) that's empty (?).

Mostly NY's self dense law to me seems pretty reasonable and makes sense.

Arson has a tendency to spread.

That exception was written by people living in early 20th century urban areas.

Burning one shed down had a tendency to turn into things like the great Chicago fire....

 

[spat]

She shed thread felling to shit.
3...2...1...

Did you just assume the gender of that shed ?

 

[Blimey]

That’s exactly what my gun trainers said too. That makes sense to me.

My rule is you can have anything that’s down stairs that you want. You come upstairs and I’ll do my best to kill you ASAP. All my bedrooms are upstairs. You come up there and you likely won’t be leaving on your own will.

I'm not saying it's bad advice. Because being at the top of your stairs looking down is a superior position defensively, but I don't think/guess there is anything in the law (or precedent) that would penalize a person in NY for going downstairs in this scenario.

 

[Marine Cpl]

As @GOPerfect said, “It’s all about articulation.”

You heard a noise downstairs and investigated it. When you got to the living room, he got startled and charged you. You feared for your life and your family’s upstairs if he would have killed you and taken your gun so you shot him. The only thing running through your mind was him wrestling the gun away from you and using it on the whole family.

What you are not going to say is that you grabbed your Glock in hopes of shooting the motherfucker that broke your window

There is no law that says that you must remain upstairs and call the police every time you hear a noise. Just sometime last week my calendar fell from the refrigerator, made a noise and my dog started barking. I had to check it out rather then calling the police.

 

[spat]

As @GOPerfect said, “It’s all about articulation.”

You heard a noise downstairs and investigated it. When you got to the living room, he got startled and charged you. You feared for your life and your family’s upstairs if he would have killed you and taken your gun so you shot him. The only thing running through your mind was him wrestling the gun away from you and using it on the whole family.

What you are not going to say is that you grabbed your Glock in hopes of shooting the motherfucker that broke your window

There is no law that says that you must remain upstairs and call the police every time you hear a noise.

I thought a damn Raccoon broke in again, but I always bring my Glock just in case....

But the best advice is "I was in fear for my life, I want my lawyer"

 

[libertysnake]

We have a duty to retreat when possible. If not possible, good to go.

Knowing the difference is very important. Difficult to understand at times.

Articulation is the key.

When it doubt, shut the fuck up and only talk to your lawyer.

"I will fully comply, but I would like to speak with my lawyer" is the only thing you should ever be saying to any law enforcement when charges are a possibility. That's the only thing you should be articulating in a high stress scenario in which you're liable to phrase something stupidly.

 

[Jezman]

Like me, some others here may have a hard time understanding legal mumbo jumbo.
I have researched this subject and I seem to get different answers to the same question.

For an example, Are we a "castle doctrine" state or not?
I got 3 answers while trying to figure that out.
1.) No
2.) Yes
3.) Yes, but is weak compared to other states "castle doctrine"

Or, is New York a 100% "duty to retreat" state?
Either in your residence or outside of it.

When someone has a question about laws. They should not get 3 different answers to the same question... Just sayin'

I would say as NYS has shown it is all different from area to area and some areas have more hate for the right to protect one's self then other areas.

 

[Saltwater60]

When it doubt, shut the fuck up and only talk to your lawyer.

"I will fully comply, but I would like to speak with my lawyer" is the only thing you should ever be saying to any law enforcement when charges are a possibility. That's the only thing you should be articulating in a high stress scenario in which you're liable to phrase something stupidly.

I’ll add two things. I want that man charged with x,y,z for doing this and I need to go to the hospital to be checked out. My chest hurts and I’m worried I’m having a heart attack. I will speak with my lawyer and set up an appointment.

 

[dwa12479]

When it doubt, shut the fuck up and only talk to your lawyer.

"I will fully comply, but I would like to speak with my lawyer" is the only thing you should ever be saying to any law enforcement when charges are a possibility. That's the only thing you should be articulating in a high stress scenario in which you're liable to phrase something stupidly.

Precisely.

"I'll cooperate 100% officers, but I'm not feeling well and need to be checked out at the hospital. I will answer all of your questions within 48 hrs and eith my attorney present"

Done.

 

[96coal449]

Did you just assume the gender of that shed ?

Maybe I did. I'm not particularly fond of any shed.
The misses can have ours.
On the other hand, a shipping container is quite the man shed.