The retreat doctrine?

bamaEER

Freshman
May 29, 2001
32,435
60
0
New York’s Castle Doctrine states:

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.
 

Keyser76

Freshman
Apr 7, 2010
11,912
58
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I love New York City, second only to New Orleans and Chicago, funny how the Trumpies hate their heroes hometown.
 

bamaEER

Freshman
May 29, 2001
32,435
60
0
I love New York City, second only to New Orleans and Chicago, funny how the Trumpies hate their heroes hometown.
New Orleans is the greatest place on earth. When I lived in Auburn, we always made sure we held meetings there.
 

TarHeelEer

Freshman
Dec 15, 2002
89,304
53
48
New York’s Castle Doctrine states:

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.

I highlighted a different section. This is what NY state sometimes abuses, like in the aforementioned case. If someone is in my home uninvited, they are a burglar.
 

eerphone

Redshirt
Jul 14, 2008
1,163
36
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Like bloody Hell. Another reason to add to why never to move to New York.


When my wife and I took our training for carry permits in Wv, we were told you had to retreat as far as possible in your home before you used your weapon on an intruder or face charges for unlawful use of a firearm.
 

bamaEER

Freshman
May 29, 2001
32,435
60
0
I highlighted a different section. This is what NY state sometimes abuses, like in the aforementioned case. If someone is in my home uninvited, they are a burglar.
If someone is in my home uninvited, they have a gun pointed at them.
 

Mntneer

Sophomore
Oct 7, 2001
10,192
196
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When my wife and I took our training for carry permits in Wv, we were told you had to retreat as far as possible in your home before you used your weapon on an intruder or face charges for unlawful use of a firearm.

Yeah, that's not the case from what I understand the law to be. In WV you have the right to use force if you believe someone is about to commit a felony, and therefore if you believe that an intruder was going to murder you or your family, then you're within your rights to use force.
 

Keyser76

Freshman
Apr 7, 2010
11,912
58
0
New Orleans is the greatest place on earth. When I lived in Auburn, we always made sure we held meetings there.
Most cosmopolitan city in America, almost feels like you have left the country, San Diego is pretty sweet too. LA would be last on my list.
 

eerphone

Redshirt
Jul 14, 2008
1,163
36
0
Yeah, that's not the case from what I understand the law to be. In WV you have the right to use force if you believe someone is about to commit a felony, and therefore if you believe that an intruder was going to murder you or your family, then you're within your rights to use force.
May not be the law now, but I assure it was the law then. Members of the class and instructor discussed it for quite awhile. We were all shocked. I asked a law officer about it, he said ( off the cuff) , make sure they are in the house when we get there. Probably 15 or 20 years ago.