Woman kills armed intruder, nice!!

[Nickdfresh]

Originally Posted By: NoNameJoe
Too bad this kind of thing can't happen in the ultra liberal part of NY I'm in right now, since we have some of the most strict gun ownership laws in the country here.

Instead, "kick door" home invasions happen here all the time (increasing due to heroin addicts looking for money), and people stay afraid for weeks while the police try to find out who's doing it.


As a New Yorker, you seem rather ignorant of the actual law as governed by Article 35:

Quote:
From 35.20:

3. A person in possession or control of, or licensed or privileged to be in, a dwelling or an occupied building, who reasonably believes that
another person is committing or attempting to commit a burglary of such
dwelling or building, may use deadly physical force upon such other
person when he or she reasonably believes such to be necessary to
prevent or terminate the commission or attempted commission of such
burglary.

 

[Linctex]

Originally Posted By: jeepman3071


I don't own any guns, but to me it is common sense.

There are enough bad people with guns in our society, that a gun in the right hands is necessary.


I love your answer, it is well-thought-out and logical

 

[ATex7239]

No complaints out of me

 

[Leo99]

Originally Posted By: Nickdfresh
Originally Posted By: NoNameJoe
Too bad this kind of thing can't happen in the ultra liberal part of NY I'm in right now, since we have some of the most strict gun ownership laws in the country here.

Instead, "kick door" home invasions happen here all the time (increasing due to heroin addicts looking for money), and people stay afraid for weeks while the police try to find out who's doing it.


As a New Yorker, you seem rather ignorant of the actual law as governed by Article 35:

Quote:
From 35.20:

3. A person in possession or control of, or licensed or privileged to be in, a dwelling or an occupied building, who reasonably believes that
another person is committing or attempting to commit a burglary of such
dwelling or building, may use deadly physical force upon such other
person when he or she reasonably believes such to be necessary to
prevent or terminate the commission or attempted commission of such
burglary.


Just like people that don't know the law in NJ will state that we have an obligation to retreat in our homes. We do not. We have an obligation to retreat out in the street. There is not stand your ground law in NJ but that doesn't apply in our homes. Just like the law you posted in NY state. We have an obligation to only shoot an intruder if we believe our lives or well-being are in danger.

 

[Nickdfresh]

The guy got what he deserved...

 

[Tom NJ]

Originally Posted By: yannis
What happens if you want to kill somebody and you invite him intentionally in your house ?
Will you get away with it?


No. If you initiate or elevate the confrontation you lose the self defense claim. You must be an innocent, and in most states deadly force is only justified as a last resort to prevent serious harm to you or another innocent. In some states, deadly force may also be justified to prevent the imminent commission of a felony. In any case, a prosecutor, judge, and/or jury will weigh all of the circumstances and decide if you were justified.

The law frowns upon hurting other people, and in most cases any shooting of another human will likely get you at least into a bundle of expensive legal hassle, and perhaps prison if the judge disagrees with your decision. That applies to threatening to shoot as well, including brandishing your gun, firing a warning shot, and in some cases even showing your gun or verbally pointing out that you are armed (causing fear in another person with a gun is considered assault with a deadly weapon and requires valid and compelling justification). If you can end the threat without shooting or threatening to shoot, do so. That said if you are truly fearful it is better to be judged by twelve than carried by six.

Carrying a firearm entails the responsibility of knowing your laws and knowing how to act in various situations. It's serious business.

A good rule of thumb is don't shoot anyone unless you truly believe you absolutely must to save yourself or another innocent. That means that the bad guy has the opportunity, means and intent to harm you. Revenge, or your perception of justice, will not excuse you. Just being in your house is not good enough, unless they broke in at night - then you have the presumption of fear for your life.

Tom NJ/VA

 

[OneEyeJack]

Here's a post from the past. I think it explains what happened when the shooting happened and what happened afterward.

........................................

In 1973 I was working as a paramedic. We went to a call where there were shots fired and arrived with the police. A young woman with her 2 toddlers faced off a home invader armed with a knife.

Her husband was off on a WestPac cruise (usually 6 months deployed at sea) in the Navy but had trained her to use a 12ga pump shotgun and also what to do in case of something like this.

The home invader caught her in the hallway with her children behind her. She brought her extensive training and practice into play. After being threatened with the knife she fired 5 shots at about 25 feet and hit him with every round. She had previously backed her kids into her bedroom and after shooting she backed in and hid behind furniture with her kids, reloaded and then called for help.

Later a police officer asked her why she shot him 5 times meaning why so many. She answered that she only shot him 5 times because that's all the rounds her shotgun held. She said she was terrified and wanted to make sure he was stopped to protect her children.

People only saw the fact that she used a 12ga shotgun but the key to her success was her training and practice which got lost in the after shooting publicity.

Some final notes. Every pellet of every round of the double 00 buckshot hit the target. The pattern spread at 25 feet was less than 6 inches. There was no hallway cleaning effect evidenced.

She was not charged with a crime and this happened in California. This was a classic case of self- defense even though the black community of the day claimed the woman had no right to use a shotgun against a knife. They claimed he was a nice guy that would never hurt anyone, was always friendly and had just recently fallen in with the wrong crowd. They claimed that this was not like him and was all a mistake.

The truth. He was 6' tall, weighed 200 pounds and had a long and continuous arrest record for violent crimes including assault with a deadly weapon, attempted rape, robbery, and purse snatching. This was the part that never made the news.

I believe that this family is alive and well because their home defense was treated as something that required much more than just the "correct gun".