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  #11  
Old 10-17-2007, 01:34 PM
Johnny Hughes Johnny Hughes is offline
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Location: West Texas
Posts: 456
Default Re: Big home game robbed, player dead.

In Texas, we have the castle law which says you can shoot anyone that threatens your home or car.
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  #12  
Old 10-17-2007, 01:44 PM
FatRed FatRed is offline
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Join Date: Feb 2007
Location: St. Louis
Posts: 87
Default Re: Big home game robbed, player dead.

[ QUOTE ]
In Texas, we have the castle law which says you can shoot anyone that threatens your home or car.

[/ QUOTE ]

Should be the law of the WORLD!!
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  #13  
Old 10-17-2007, 02:12 PM
TiK TiK is offline
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Location: New York, NY
Posts: 2,082
Default Re: Big home game robbed, player dead.

[ QUOTE ]
[ QUOTE ]
Investigators said it's possible the homeowner could face charges, depending on how high the stakes were during Monday night's poker game.

LOL, 8 honnest guys got robbed, one of them killed and somehow the only one who will be prosecuted is the one who organize a poker game.

[/ QUOTE ]

Thats not shocking. In NY State have 5 guys break into your home and hold you at gunpoint, you pull out your trusty pistole and fire away killing 2 and wounding the other three. The robbers and their next of kin can press charges against the home owner and its possible the homeowner will see jail time.

[/ QUOTE ]

I thought that there was no duty to retreat in NY within your home?
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  #14  
Old 10-17-2007, 02:26 PM
Brocktoon Brocktoon is offline
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Location: NYC
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Default Re: Big home game robbed, player dead.

[ QUOTE ]
In NY State have 5 guys break into your home and hold you at gunpoint, you pull out your trusty pistole and fire away killing 2 and wounding the other three. The robbers and their next of kin can press charges against the home owner and its possible the homeowner will see jail time.


[/ QUOTE ]

What, where are you getting this from? At the very least you are being intentionally vague here and eluding to some miscarriage of justice that you heard about.

According to NYS law you are allowed to use deadly physical force against anyone who is committing robbery (against you or a 3rd party), or committing burglary on a premise that you are in control of, or in self defense when you feel that yourself or a 3rd party are in imminent danger of death due to force from another.

Perhaps you are referring to lesser charges such as weapons possession but if that's the case you are being disingenuous with the wording of your story.

The above information comes straight from article 35.20(3) and 35.30(4) of the New York State Penal Law and I'm sure there are a few people on this site who can verify that.
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  #15  
Old 10-17-2007, 02:42 PM
TiK TiK is offline
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Join Date: May 2003
Location: New York, NY
Posts: 2,082
Default Re: Big home game robbed, player dead.

[ QUOTE ]
[ QUOTE ]
In NY State have 5 guys break into your home and hold you at gunpoint, you pull out your trusty pistole and fire away killing 2 and wounding the other three. The robbers and their next of kin can press charges against the home owner and its possible the homeowner will see jail time.


[/ QUOTE ]

What, where are you getting this from? At the very least you are being intentionally vague here and eluding to some miscarriage of justice that you heard about.

According to NYS law you are allowed to use deadly physical force against anyone who is committing robbery (against you or a 3rd party), or committing burglary on a premise that you are in control of, or in self defense when you feel that yourself or a 3rd party are in imminent danger of death due to force from another.

Perhaps you are referring to lesser charges such as weapons possession but if that's the case you are being disingenuous with the wording of your story.

The above information comes straight from article 35.20(3) and 35.30(4) of the New York State Penal Law and I'm sure there are a few people on this site who can verify that.

[/ QUOTE ]

Well, here's an applicable section; I've bolded the parts dealing with the use of deadly force and retreat:

[ QUOTE ]
S 35.15 Justification; use of physical force in defense of a person.
1. A person may, subject to the provisions of subdivision two, use
physical force upon another person when and to the extent he reasonably
believes such to be necessary to defend himself or a third person from
what he reasonably believes to be the use or imminent use of unlawful
physical force by such other person, unless:
(a) The latter`s conduct was provoked by the actor himself with intent
to cause physical injury to another person; or
(b) The actor was the initial aggressor; except that in such case his
use of physical force is nevertheless justifiable if he has withdrawn
from the encounter and effectively communicated such withdrawal to such
other person but the latter persists in continuing the incident by the
use or threatened imminent use of unlawful physical force; or
(c) The physical force involved is the product of a combat by
agreement not specifically authorized by law.
2. A person may not use deadly physical force upon another person
under circumstances specified in subdivision one unless:
(a) He reasonably believes that such other person is using or about to
use deadly physical force. Even in such case, however, the actor may not
use deadly physical force if he knows that he can with complete safety
as to himself and others avoid the necessity of so doing by retreating;
except that he is under no duty to retreat if he is:
(i) in his dwelling and not the initial aggressor; or

(ii) a police officer or peace officer or a person assisting a police
officer or a peace officer at the latter`s direction, acting pursuant to
section 35.30; or
(b) He reasonably believes that such other person is committing or
attempting to commit a kidnapping, forcible rape, forcible sodomy or
robbery; or
(c) He reasonably believes that such other person is committing or
attempting to commit a burglary, and the circumstances are such that the
use of deadly physical force is authorized by subdivision three of
section 35.20.

[/ QUOTE ]
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  #16  
Old 10-17-2007, 02:54 PM
wheelflush wheelflush is offline
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Posts: 195
Default Re: Big home game robbed, player dead.

what was the dead man's hand?
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  #17  
Old 10-17-2007, 04:13 PM
Brocktoon Brocktoon is offline
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Join Date: Dec 2003
Location: NYC
Posts: 3,187
Default Re: Big home game robbed, player dead.

I was moer referring to these parts:

[ QUOTE ]
Section 35.20 Justification; use of physical force in defense of premises and in defense of a person in the course of burglary

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.


[/ QUOTE ]

And:

[ QUOTE ]
4. A private person acting on his or her own account may use physical force, other than deadly physical force, upon another person when and to the extent that he or she reasonably believes such to be necessary to effect an arrest or to prevent the escape from custody of a person whom he or she reasonably believes to have committed an offense and who in fact has committed such offense; and he or she may use deadly physical force for such purpose when he or she reasonably believes such to be necessary to:

(a) Defend himself, herself or a third person from what he or she reasonably believes to be the use or imminent use of deadly physical force;
or

(b) Effect the arrest of a person who has committed murder, manslaughter in the first degree, robbery, forcible rape or forcible criminal sexual act and who is in immediate flight therefrom.


[/ QUOTE ]

But yours works too.
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  #18  
Old 10-17-2007, 04:18 PM
AngusThermopyle AngusThermopyle is offline
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Join Date: Feb 2005
Location: Riding Binky toward Ankh-Morpork
Posts: 4,366
Default Re: Big home game robbed, player dead.

[ QUOTE ]
[ QUOTE ]
Investigators said it's possible the homeowner could face charges, depending on how high the stakes were during Monday night's poker game.

LOL, 8 honnest guys got robbed, one of them killed and somehow the only one who will be prosecuted is the one who organize a poker game.

[/ QUOTE ]

Thats not shocking. In NY State have 5 guys break into your home and hold you at gunpoint, you pull out your trusty pistole and fire away killing 2 and wounding the other three. The robbers and their next of kin can press charges against the home owner and its possible the homeowner will see jail time.

[/ QUOTE ]

If you were printing counterfeit $100's in your home, you want a pass on the federal charges just because someone tried to rip you off?
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  #19  
Old 10-17-2007, 04:56 PM
RydenStoompala RydenStoompala is offline
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Join Date: Apr 2003
Posts: 1,309
Default Re: Big home game robbed, player dead.

I object your honor! This thread has been hijacked by the lawyers, whereas the gun experts and close combat commentators, not to mention driveway painters, have been relegated to the spectator's gallery. Judge, I am sure you will agree that regardless of the applicable laws, my dead client could have used an Uzi.
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