• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

New York man fires gun, arrested in dispute on his lawn

PT111

Regular Member
Joined
Jul 31, 2007
Messages
2,243
Location
, South Carolina, USA
Couldn't the fact that one fired a warning shot be used as an argument that he did not really feel his life was in danger thereby set themselves up for a negligent discharge, discharge in city limits, assault type charges?

That is always a thought about warning shots. If you have time to fire a warning shot then you probably have time to do something different like maybe, run. :idea: Running in this case probably was not an option but a warning shot does usually mean that the danger is not immediate.
 

lil_freak_66

Regular Member
Joined
Sep 8, 2008
Messages
1,799
Location
Mason, Michigan
<SNIP>

You fired first and now THEY'RE justifiably in fear of their life.

they would probably not be justified,as they are in the commision of a crime and not in a place they are legally allowed to be,plus they're weapons are likely illegal.


remember to check your local and state laws,and remember these types of things go on a case by case basis!
 
Last edited:

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
they would not be justified,as they are in the commision of a crime and not in a place they are legally allowed to be,plus they're weapons are likely illegal.

Cite?

That's the kind of thing that would vary from State to State. Anyway, if you are the one who escalated to a threat of deadly force, that may well justify their use of deadly force against you. If you are dead, it will be of little comfort that your killers were convicted of unlawful possession.

Folks, check your State laws on self-defense. Never, ever take the word of another poster on what is or is not justifiable.
 

frommycolddeadhands

Regular Member
Joined
Sep 3, 2008
Messages
448
Location
Knob Noster, MO
they would probably not be justified,as they are in the commision of a crime and not in a place they are legally allowed to be,plus they're weapons are likely illegal.


remember to check your local and state laws,and remember these types of things go on a case by case basis!

Standing on the guys lawn with 15 of his 'homies' the gunman would probably look like a thug and talking smack. The homeowner fires a warning shot that the whole neighborhood hears and one of the gangbangers pulls out a gun and kills him.

Two weeks later the gangbanger is standing in front of a judge wearing his sunday best, hair combed, and a cross dangling around his neck like a choir boy. The defense paints a picture of him and a few of his chums minding their own business on this man's lawn when suddenly the 'crazed gun owner' opens fire and forces the boy- who was in fear of his life- to defend himself with lethal force. A parade of neighbors who heard the homeowner fire first, plus the 'testimony' of the other 14 boys who lie through their teeth will be admitted into evidence.

At the end of the day the homeowner is still dead and there is a better than average chance that the kid who killed him will get a slap on the wrist for trespassing, and possibly a firearms violation is the gun is not legally registered.

That's the way I imagine it would go down. IANAL, but that seems just messed up enough to be right.
 
Top