Homeowner Shoots Two Burglars and is Charged in New York

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blewis3

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So exercising a right explicitly spelled out in the highest law of the land is a felony if done without permission that in some jurisdictions is completely arbitrary?

Even if you ask, until granted you endure prior restraint. If granted you are extorted for fees that in some cases are purposely set high so as to be prohibitive.

SCOTUS has previously struck down poll taxes with the logic that taxing a right is forbidden. They have previously declared that a right delayed is a right denied.

This should prove that gun control and gun restrictions are not "reasonable regulations" and are instead outright violations.
 
Me. said:
This will most likely boil down to "he shot them with an unregistered pistol".
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You typed that on an unregistered keyboard, therefore we shall fine you an amount you cannot afford and imprison you for years.

Oh, I almost forgot, you have also permanently forfeited your First Amendment rights.

George Washington, & Associates would be stacking bodies by now.
 
If they prosecute the home owner for anything other than possessing an unregistered firearm with a misdemeanor charge, it is worthy for a fight up to the Supreme Court of the country, not NYS. This is the perfect case of the right to home defense.
 
Ikarus1 said:
Let me guess, the capacity of the handgun violated the 7 round limit of the NY SAFE act?
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The weapon was a 38-caliber Rossi revolver, according to the court papers.
 
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In NY, you are not allowed to posses a handgun that is not listed on your NY state pistol permit! If caught it is a Felony! Regular NY pistol permits are No good in NY city! If you are caught it is a Felony!
 
Howland said:
George Washington, & Associates would be stacking bodies by now.
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Yes. They would.
larryh1108 said:
If they prosecute the home owner for anything other than possessing an unregistered firearm with a misdemeanor charge, it is worthy for a fight up to the Supreme Court of the country, not NYS. This is the perfect case of the right to home defense.
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Theoretically, yes, this is true. However, that is an idealized answer that is realistically well beyond the financial, and other means, of most people. For example, my family pursued a guy through first line federal court over a bankruptcy. It hadn’t even reached trial and the attorney fees were over $60,000. Yes, you need an attorney for federal court and it has to be one that is familiar with their peculiar processes and on their list of approved people to file the motions and what not that are required. Imagine what it would take to get it to SCOTUS?
Me. said:
Now, with the SAFE ACT, the rules in NY are worse.
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Things like this so called safe act really cross the border of right and wrong into the territory of tyrannical overreach. It shows the failing limits of the legal / political system where the supposed checks and balances breaks on collusion of the players all wanting to dictate an agenda. One party legislates, one approves it, and the third upholds it.

At a certain point, and places like NY and NJ have certainly crossed this in my view, it becomes a point of justified armed resistance and revolt.
 
noway2 said:
Theoretically, yes, this is true. However, that is an idealized answer that is realistically well beyond the financial, and other means, of most people. For example, my family pursued a guy through first line federal court over a bankruptcy. It hadn’t even reached trial and the attorney fees were over $60,000. Yes, you need an attorney for federal court and it has to be one that is familiar with their peculiar processes and on their list of approved people to file the motions and what not that are required. Imagine what it would take to get it to SCOTUS?
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I totally understand the cost and time of such a process.
A case like this (seemingly clear case of true home/self defense) would bring together the gun community to get behind such a unjust case/law.
The Sullivan Act may even be brought down.
I would gladly give money to a GoFundMe account for this case as would (perhaps) millions of other gun owners.
It's time we stopped allowing NY and similar states from eviscerating our rights.
Yes, it could take millions of dollars.
Yes, it could take 10+ years to get to SCOTUS.
Yes, I believe we have the right lawyers available to get it done whether thru the NRA or a state's gun rights organization.
Yes, it would be worth it to force this to the top.
NYS is out of control.
They need to be smacked down to reality.
We need a case like this to get it done.
We can, as a large group, support it with money and passion.
The timing is right with a conservative SC.
 
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noway2 said:
One party legislates, one approves it, and the third upholds it.

At a certain point, and places like NY and NJ have certainly crossed this in my view, it becomes a point of justified armed resistance and revolt.
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And in a short time the populace accepts the "new norm". I submit...1968 Gun Control Act. Feel good legislation.
 
Well at least one criminal is off the streets for good. I've always said the common criminal has more rights than the average person, especially in Communist States like NY.
 
I remember 911 and those two planes hitting the towers in NEW YORK CITY. I felt so bad for the people in the planes...
 
Me. said:
That’s a lot of exclamation points.

I had my NYS pistol permit for 30 years. I never found it to be burdensome or considered it to be a huge pain. The absolute worst part of it was having to park downtown to get a pistol added (or removed). Honestly, the worst part of the system was getting an amendment handled during business hours.
Getting a CHP here was more work. And took longer than getting a CCW permit in NY. Of all the gun laws in NY, I found pistol permits to be one of the least troubling. I was more bothered by NY adopting all the rules of the 1994 AWB, so the restrictions never went away up there.
Now, with the SAFE ACT, the rules in NY are worse.

The shooter in this case will find himself on a similar path as Bernard Geotz. Legal shooting, but illegal ownership of the gun.

If there are no other shenanigans involved (like they knew each other, or something questionable about the self-defense), I suspect this will go down to a charge of maybe “criminal possession of a weapon in the fourth degree”.

In NY, you can get that for an unregistered gun. It’s a misdemeanor and is the same charge for having a wrist-brace slingshot, or throwing stars. Not kidding. Click the pic to read the details.

They only recently (like a coup,e of months ago) took nunchucks off that list of terrible weapons. So little kids wouldn’t get arrested coming out of karate school, I guess.
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Interesting. Is this only outside the city? I had always thought getting a pistol permit was damn near impossible in the city (NYC). At least that is what some New Yorker's have said in a training class. With the big lefty in office now i am surprised it is NOT very difficult to get a permit for the average Joe. I'm sure if you are a jewelry or pawn store owner it is easier. I hired a Sys Admin who is from the Bronx and to him owning a gun is not even a thought. He has said "why do i need a gun?" To him only thugs and cops had guns and he accepted it as normal. I think that type of attitude is more prevalent in large cities where people are packed in like sardines.
 
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Variable said:
Interesting. Is this only outside the city? I had always thought getting a pistol permit was damn near impossible in the city (NYC). At least that is what some New Yorker's have said in a training class. With the big lefty in office now i am surprised it is NOT very difficult to get a permit for the average Joe. I'm sure if you are a jewelry or pawn store owner it is easier. I hired a Sys Admin who is from the Bronx and to him owning a gun is not even a thought. He has said "why do i need a gun?" To him only thugs and cops had guns and he accepted it as normal. I think that type of attitude is more prevalent in large cities where people are packed in like sardines.
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It varies by county, because the judges have discretion.

Its garbage law that the cowards in black have not taken up.
 
Me. said:
And every New Yorker who is old enough to own a pistol has always lived with the law that the gun needs to be registered, and you need discretionary permission from a sheriff and a judge.
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All the more reason this sort of crap infringement needs to be dealt with immediately, along with those who would try to implement it. Allowing it to fester and work through the courts for decades only legitimizes it. Even the courts tend to accept the argument that it's been in place for X amount of time and is therefore legitimate.
 
Me. said:
That’s a lot of exclamation points.

I had my NYS pistol permit for 30 years. I never found it to be burdensome or considered it to be a huge pain. The absolute worst part of it was having to park downtown to get a pistol added (or removed). Honestly, the worst part of the system was getting an amendment handled during business hours.

Getting a CHP here was more work. And took longer than getting a CCW permit in NY. Of all the gun laws in NY, I found pistol permits to be one of the least troubling. I was more bothered by NY adopting all the rules of the 1994 AWB, so the restrictions never went away up there.

Now, with the SAFE ACT, the rules in NY are worse.


The shooter in this case will find himself on a similar path as Bernard Geotz. Legal shooting, but illegal ownership of the gun.

If there are no other shenanigans involved (like they knew each other, or something questionable about the self-defense), I suspect this will go down to a charge of maybe “criminal possession of a weapon in the fourth degree”.

In NY, you can get that for an unregistered gun. It’s a misdemeanor and is the same charge for having a wrist-brace slingshot, or throwing stars. Not kidding. Click the pic to read the details.

They only recently (like a coup,e of months ago) took nunchucks off that list of terrible weapons. So little kids wouldn’t get arrested coming out of karate school, I guess.
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And this is in America. :(
 
Being a recently freed upstate NY firearm owner with my NY CCW still intact, I was disgusted to read about this case. Here is a guy who is still trying to eek out a living in upstate NY, living in his deceased parents somewhat run down home. And when his parents died, he ended up with his dad's handgun. Probably stuck in a drawer, but, he never applied for a NY CCW. Which, BTW, is the ONLY way to legally own a handgun under NY laws, and is clearly unconstitutional under Heller.

So, two burglars break in, and he takes them out. Good shooting AFAIAC.

The gun laws there are beyond sick and unconstitutional. Believe it or not, it is illegal for an adult to even touch a handgun, unless you have your CCW (which can be no picnic to get in many cases), as NY law makes the mere possession of a handgun illegal to begin with. I really hope he would get the case to SCOTUS, but in NY, besides costing a fortune, - about the time you get there, they will either dismiss the case, or administratively change the law (temporarily) to keep SCOTUS from hearing it. In fact, that is exactly what they are dong now to a case that SCOTUS has accepted and is due to hear this fall.

The list of BS that gun owners in NY have to put up with would make your head spin, - and are a large part of the reason I finally threw in the towel and moved here.
 
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This happened in Oneida so I thought there was a decent chance no charges would be filed. Maybe it will get pled down to something less. Oneida is pretty rural and chances are there are as many 30-30’s and hunting rifles and shotguns there as anywhere down here. That is on the far end of the lake I was fishing on my trip up there last week.

It was also comical the the burglars were an Aunt and her nephew. They have both been arrested for burglary and drug charges in the past if I remember correctly. The world won’t miss them.
 
Me. said:
Yup.

Think of it this way. The median age in NY is 38. Half the people in NY were born AFTER 1981.

The 1992 AWB went into effect 27 years ago (when even the oldest of these young'uns was only 9 years old). Let's assume that these sub-ten-year-olds weren't paying a lot of attention to gun laws.


That means half the people in NY have always lived with an "assault weapon ban" and 10 round magazines. To them, the SAFE ACT meant nothing, because it didn't change their lives one little bit.

And every New Yorker who is old enough to own a pistol has always lived with the law that the gun needs to be registered, and you need discretionary permission from a sheriff and a judge.
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Yeah, yeah, yeah - and several generations of people had lived in America as subjects of the King of England until they decided to live as free men.
 
VietnamEraVet said:
Being a recently freed upstate NY firearm owner with my NY CCW still intact, I was disgusted to read about this case. Here is a guy who is still trying to eek out a living in upstate NY, living in his deceased parents somewhat run down home. And when his parents died, he ended up with his dad's handgun. Probably stuck in a drawer, but, he never applied for a NY CCW. Which, BTW, is the ONLY way to legally own a handgun under NY laws, and is clearly unconstitutional under Heller.

So, two burglars break in, and he takes them out. Good shooting AFAIAC.

The gun laws there are beyond sick and unconstitutional. Believe it or not, it is illegal for an adult to even touch a handgun, unless you have your CCW (which can be no picnic to get in many cases), as NY law makes the mere possession of a handgun illegal to begin with. I really hope he would get the case to SCOTUS, but in NY, besides costing a fortune, - about the time you get there, they will either dismiss the case, or administratively change the law (temporarily) to keep SCOTUS from hearing it. In fact, that is exactly what they are dong now to a case that SCOTUS has accepted and is due to hear this fall.

The list of BS that gun owners in NY have to put up with would make your head spin, - and are a large part of the reason I finally threw in the towel and moved here.
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And I thought California's gun laws were the paramount of arbitrary and oppressive but I see that isn't the case after all in comparison to NY!
 
VietnamEraVet said:
The list of BS that gun owners in NY have to put up with would make your head spin, - and are a large part of the reason I finally threw in the towel and moved here.
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It's just crazy that the same draconian NYC laws apply to the rural (and quite beautiful) areas of the state.
 
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