New York Second Amendment enthusiast are rallying in Albany today. You know one thing they won’t be rallying for? Castle doctrine or “stand your ground” laws. Why? Because New York already has them. That’s right, hysterical media, the self-defense laws that govern Florida are not that materially different than the ones that govern New York City, and I don’t hear New York prosecutors bitching that their laws are an abomination and interfere with their ability to prosecute criminals.
7 thoughts on “New Yorkers Rally in Albany”
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Didn’t know that! Good to hear!
NY does not have an explicit clause saying criminals cannot sue their intended victims, but that does not mean as much as people think. From a practical standpoint, using a gun in self-defense is almost a non-issue anywhere in the state. Where people get in trouble is if the gun was not legally possessed by the shooter prior to using it in self-defense.
Here’s an afternoon hypothetical…
Homeowner hears bump in the night, calls 911. Before LEO arrives, a bad guy (insert horror movie villain of choice) breaks in, and conceals himself. When the LEO enters the home, bad guy takes him out somehow. Otherwise unarmed home owner manages to unholster the duty weapon from the downed LEO, shoots and stops the goblin.
That sounds ridiculous, and obvious – but why is it technically illegal?
Whauuhh?
In NY it would be technically illegal if the home owner did not have a pistol permit-it’s illegal to take possession of a pistol in NY without a permit. I doubt charges would be filed, however…
You misunderstand. If an unlicensed person uses a handgun in lawful self-defense that isn’t a problem. The problems start if the person was in prior possession of that pistol for a period of time without a license. Ex. If you were a guest in my home and someone broke in and you grabbed one of my pistol to protect yourself that isn’t a problem. However, if you kept a handgun in your home for self-defense without a license for the last six months and then used it in lawful self-defense, you would not be charged with using the gun to defend yourself, but would probably get hit with an illegal possession charge.
For once, I wish I could be back in New York State for political reasons!
FYI, Connecticut is having one in Hartford next month: http://ccdl.us/aboutus/events/212-2012-2a-rally-press-release