What’s At Stake In The Guns Case At The Supreme Court?

[Blimey]

I know. I was hoping the people who keep trying to say the homeowner still has a to retreat to show me what tells them this

I think maybe one person has alluded to saying that. There is no substantial number of people in this thread saying anybody has a duty to retreat in NY. I certainly didn't.

 

[Airborneguy]

Inside your home is to be considered "retreating"; you re not required to leave it. In the case you mention, the homeowner (Dad) was not able to retreat further into the home (like say to the bedroom) because he was engaged in a fight with the intruder. The son was well within his right to use physical deadly force as he was in fear for another's (Dad) life. IF they both could have, retreating to the bedroom would have been sufficient and at that point if the intruder was still presenting a physical deadly threat, you have met the criteria as far as retreating and could now (if still necessary) use deadly force to protect your life given no other options.

There is no duty to retreat in NY within one's own home.

 

[Criticalt]

Although not called the "castle doctrine" in NYS, the same premise is used in NYS.
You do NOT need to retreat if in your own home or while stopping a robbery, burglary, rape or murder.

 

[Edwardteach72]

"If you can, and it's just you, etc." i.e. no threat to you. Just because you can legally justify something doesn't mean you should, from a personal convenience perspective.

It's preferable to call the cops saying somebody is in your house because you ran off property--can you come take care of it instead of calling them and saying "hey somebody is dead in my family room and I've put bullets through my now blood-sprayed walls. I'm pretty darn sure it's self defense and I hope you all agree."

It's legal in NY i think to shoot somebody if they break into your garage and are rifling through your car. But it's smart to tell them you're armed and calling the cops and lock the door to the house and only shoot if they attempt to break in further.

 

[spat]

Examples?

I can’t recall a truly horrendous case other than Richard Digugliemo who was railroaded by Jeanine Pirro about 20 years ago.

I don't know, I haven't looked into it in detail.

IMHO in the real world it doesn't matter though. If your life is in danger, the DA's reaction only matters if you live, so that has to come first.

And any criminal that doesn't immediately flee after learning the house is occupied (or breaks in already knowing that) plans on "bad things" and believes he has the means to carry them out.

I am not going to second guess him about that.

 

[Criticalt]

Actually, I almost had an incident way out here in the country this last winter.
Ive already told the whole story but, heres the short version.
Two illegal Columbians wrecked a stolen car in our ditch. They had just destroyed a bunch of equipment and killed several cows at the dairy farm they were just fired from for being drunks and drug addicts.
After they rolled the stolen car, they kicked out the windshield and walked 3/4 of the way up our driveway.
Then they turned around and walked into the wilderness.
The county sheriff deputies who showed up asked if we would be ok because these guys are somewhere around. There is absolutely no place to walk out here.
I told him we would be fine. We have 2 Mastiffs and 2 pitbulls who usually patrol the property.
The officer in charge, a sergeant, said, " if you have a gun, keep it close and dont be afraid to use it if they break into your house."
I told him that if they break in, I will call an ambulance instead of the cops, he laughed and shook my hand.
Anyways, if it can happen 15 miles into the wilderness, it can happen anywhere.

 

[nortatoga]

You should retreat out the back-door!! The garden hose is out there, makes for easier clean-up!!

 

[Mosinitis]

As it stands SCOTUS haven't done a damn thing for gun rights. TOLD YOU SO.