detaining a person

Reply

  #1  
Old 08-28-09, 09:18 AM
Member
Thread Starter
Join Date: Aug 2002
Location: new york
Posts: 355
detaining a person

Was wonder if anyone knows what the consequences of this may be, if any in New York State. I have a permit to carry a firearm here in the state. Here is the scenario, you are home one night and you here noises in the yard. You look out the window and you see some unknown person rummaging through your yard, so you go and rustle up your piece and you go outside and decide to tell him to stop and hold him at gunpoint until the police arrive. I asked this because it happened the other night however, instead of the above scenario, I turned the outside floods on and yelled to get out of here ( it was a drunk idiot) and called the police. Not sure if they ever caught him but if I did the above scenario he may have been. Any thoughts
 
Sponsored Links
  #2  
Old 08-28-09, 09:33 AM
Gunguy45's Avatar
Super Moderator
Join Date: Dec 2007
Location: USA
Posts: 20,803
Well, no lawyer and not familiar with NY, but...
I'd imagine that you could be charged with several things (brandishing, assault with a deadly weapon, kidnapping)...and about the only thing the person would get would be possibly trespassing and maybe attempted theft (if he had actually taken something).
Many things depend on the Gov Prosecuter in your area.

Actually using the weapon? Then you better be able to prove you were in fear for your life or serious bodily harm. And even then you could probably plan on spending a lot of time and money defending yourself.

What you did is exactly what you should have done.
 
  #3  
Old 08-28-09, 08:32 PM
Member
Join Date: Sep 2008
Location: Bottom of Pikes Peak
Posts: 77
If someone is on your property, depending on the law you can protect your property by brandishing a weapon. Doesn't Texas and Colorado have the Make my Day law?
 
Reply

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Thread Tools
Search this Thread
Display Modes
'