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This is a discussion on NY Defense Law within the New York Discussion and Firearm News forums, part of the Firearms Discussion by State category; I wanted to post the penal law of New York State specific to self defense and the use of deadly ...

  1. #1
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    I wanted to post the penal law of New York State specific to self defense and the use of deadly force. Of course to do this I had to post the hole article 35 on defense.
    I'm not sure if this is the place to post these, so if I'm wrong I apologize. It took me several frustrating days of searching before I found these on Findlaw.com. As far as I know they are up to date. They are quite confusing and in some cases you would need a lawyer just to interrupt.:confused22: This is why I'm not proud to live in NYS and be a CCL/CCW holder.:dry:

    * New York State Consolidated Laws
    * Penal


    ARTICLE 35
    DEFENSE OF JUSTIFICATION
    Section 35.00 Justification; a defense.
    35.05 Justification; generally.
    35.10 Justification; use of physical force generally.
    35.15 Justification; use of physical force in defense of a
    person.
    35.20 Justification; use of physical force in defense of
    premises and in defense of a person in the course of
    burglary.
    35.25 Justification; use of physical force to prevent or
    terminate larceny or criminal mischief.
    35.27 Justification; use of physical force in resisting arrest
    prohibited.
    35.30 Justification; use of physical force in making an arrest
    or in preventing an escape.

    S 35.00 Justification; a defense.
    In any prosecution for an offense, justification, as defined in
    sections 35.05 through 35.30, is a defense.

    S 35.05 Justification; generally.
    Unless otherwise limited by the ensuing provisions of this article
    defining justifiable use of physical force, conduct which would
    otherwise constitute an offense is justifiable and not criminal when:
    1. Such conduct is required or authorized by law or by a judicial
    decree, or is performed by a public servant in the reasonable exercise
    of his official powers, duties or functions; or
    2. Such conduct is necessary as an emergency measure to avoid an
    imminent public or private injury which is about to occur by reason of a
    situation occasioned or developed through no fault of the actor, and
    which is of such gravity that, according to ordinary standards of
    intelligence and morality, the desirability and urgency of avoiding such
    injury clearly outweigh the desirability of avoiding the injury sought
    to be prevented by the statute defining the offense in issue. The
    necessity and justifiability of such conduct may not rest upon
    considerations pertaining only to the morality and advisability of the
    statute, either in its general application or with respect to its
    application to a particular class of cases arising thereunder. Whenever
    evidence relating to the defense of justification under this subdivision
    is offered by the defendant, the court shall rule as a matter of law
    whether the claimed facts and circumstances would, if established,
    constitute a defense.

    S 35.10 Justification; use of physical force generally.
    The use of physical force upon another person which would otherwise
    constitute an offense is justifiable and not criminal under any of the
    following circumstances:
    1. A parent, guardian or other person entrusted with the care and
    supervision of a person under the age of twenty-one or an incompetent
    person, and a teacher or other person entrusted with the care and
    supervision of a person under the age of twenty-one for a special
    purpose, may use physical force, but not deadly physical force, upon
    such person when and to the extent that he reasonably believes it
    necessary to maintain discipline or to promote the welfare of such
    person.
    2. A warden or other authorized official of a jail, prison or
    correctional institution may, in order to maintain order and discipline,
    use such physical force as is authorized by the correction law.
    3. A person responsible for the maintenance of order in a common
    carrier of passengers, or a person acting under his direction, may use
    physical force when and to the extent that he reasonably believes it
    necessary to maintain order, but he may use deadly physical force only
    when he reasonably believes it necessary to prevent death or serious
    physical injury.
    4. A person acting under a reasonable belief that another person is
    about to commit suicide or to inflict serious physical injury upon
    himself may use physical force upon such person to the extent that he
    reasonably believes it necessary to thwart such result.
    5. A duly licensed physician, or a person acting under his direction,
    may use physical force for the purpose of administering a recognized
    form of treatment which he reasonably believes to be adapted to
    promoting the physical or mental health of the patient if (a) the
    treatment is administered with the consent of the patient or, if the
    patient is under the age of eighteen years or an incompetent person,
    with the consent of his parent, guardian or other person entrusted with
    his care and supervision, or (b) the treatment is administered in an
    emergency when the physician reasonably believes that no one competent
    to consent can be consulted and that a reasonable person, wishing to
    safeguard the welfare of the patient, would consent.
    6. A person may, pursuant to the ensuing provisions of this article,
    use physical force upon another person in defense of himself or a third
    person, or in defense of premises, or in order to prevent larceny of or
    criminal mischief to property, or in order to effect an arrest or
    prevent an escape from custody. Whenever a person is authorized by any
    such provision to use deadly physical force in any given circumstance,
    nothing contained in any other such provision may be deemed to negate or
    qualify such authorization.

    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.

    S 35.20 Justification; use of physical force in defense of premises and
    in defense of a person in the course of burglary.
    1. Any person may use physical force upon another person when he
    reasonably believes such to be necessary to prevent or terminate what he
    reasonably believes to be the commission or attempted commission by such
    other person of a crime involving damage to premises. He may use any
    degree of physical force, other than deadly physical force, which he
    reasonably believes to be necessary for such purpose, and he may use
    deadly physical force if he reasonably believes such to be necessary to
    prevent or terminate the commission or attempted commission of arson.
    2. A person in possession or control of any premises, or a person
    licensed or privileged to be thereon or therein, may use physical force
    upon another person when he reasonably believes such to be necessary to
    prevent or terminate what he reasonably believes to be the commission or
    attempted commission by such other person of a criminal trespass upon
    such premises. He may use any degree of physical force, other than
    deadly physical force, which he reasonably believes to be necessary for
    such purpose, and he may use deadly physical force in order to prevent
    or terminate the commission or attempted commission of arson, as
    prescribed in subdivision one, or in the course of a burglary or
    attempted burglary, as prescribed in subdivision three.
    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 reasonably believes such to be necessary to prevent or
    terminate the commission or attempted commission of such burglary.
    4. As used in this section, the following terms have the following
    meanings:
    (a) The terms "premises," "building" and "dwelling" have the meanings
    prescribed in section 140.00;
    (b) Persons "licensed or privileged" to be in buildings or upon other
    premises include, but are not limited to, police officers or peace
    officers acting in the performance of their duties.

    S 35.25 Justification; use of physical force to prevent or terminate
    larceny or criminal mischief.
    A person may use physical force, other than deadly physical force,
    upon another person when and to the extent that he reasonably believes
    such to be necessary to prevent or terminate what he reasonably believes
    to be the commission or attempted commission by such other person of
    larceny or of criminal mischief with respect to property other than
    premises.

    S 35.27 Justification; use of physical force in resisting arrest
    prohibited.
    A person may not use physical force to resist an arrest, whether
    authorized or unauthorized, which is being effected or attempted by a
    police officer or peace officer when it would reasonably appear that the
    latter is a police officer or peace officer.

    S 35.30 Justification; use of physical force in making an arrest or in
    preventing an escape.
    1. A police officer or a peace officer, in the course of effecting or
    attempting to effect an arrest, or of preventing or attempting to
    prevent the escape from custody, of a person whom he reasonably believes
    to have committed an offense, may use physical force when and to the
    extent he reasonably believes such to be necessary to effect the arrest,
    or to prevent the escape from custody, or to defend himself or a third
    person from what he reasonably believes to be the use or imminent use of
    physical force; except that he may use deadly physical force for such
    purposes only when he reasonably believes that:
    (a) The offense committed by such person was:
    (i) a felony or an attempt to commit a felony involving the use or
    attempted use or threatened imminent use of physical force against a
    person; or
    (ii) kidnapping, arson, escape in the first degree, burglary in the
    first degree or any attempt to commit such a crime; or
    (b) The offense committed or attempted by such person was a felony and
    that, in the course of resisting arrest therefor or attempting to escape
    from custody, such person is armed with a firearm or deadly weapon; or
    (c) Regardless of the particular offense which is the subject of the
    arrest or attempted escape, the use of deadly physical force is
    necessary to defend the police officer or peace officer or another
    person from what the officer reasonably believes to be the use or
    imminent use of deadly physical force.
    2. The fact that a police officer or a peace officer is justified in
    using deadly physical force under circumstances prescribed in paragraphs
    (a) and (b) of subdivision one does not constitute justification for
    reckless conduct by such police officer or peace officer amounting to an
    offense against or with respect to innocent persons whom he is not
    seeking to arrest or retain in custody.
    3. A person who has been directed by a police officer or a peace
    officer to assist such police officer or peace officer to effect an
    arrest or to prevent an escape from custody may use physical force,
    other than deadly physical force, when and to the extent that he
    reasonably believes such to be necessary to carry out such police
    officer`s or peace officer`s direction, unless he knows that the arrest
    or prospective arrest is not or was not authorized and he may use deadly
    physical force under such circumstances when:
    (a) 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 deadly physical force; or
    (b) He is directed or authorized by such police officer or peace
    officer to use deadly physical force unless he knows that the police
    officer or peace officer himself is not authorized to use deadly
    physical force under the circumstances.
    4. A private person acting on his own account may use physical force,
    other than deadly physical force, upon another person when and to the
    extent that he reasonably believes such to be necessary to effect an
    arrest or to prevent the escape from custody of a person whom he
    reasonably believes to have committed an offense and who in fact has
    committed such offense; and he may use deadly physical force for such
    purpose when he reasonably believes such to be necessary to:
    (a) Defend himself or a third person from what he 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
    sodomy and who is in immediate flight therefrom.
    5. A guard, police officer or peace officer who is charged with the
    duty of guarding prisoners in a detention facility, as that term is
    defined in section 205.00, or while in transit to or from a detention
    facility, may use physical force when and to the extent that he
    reasonably believes such to be necessary to prevent the escape of a
    prisoner from a detention facility or from custody while in transit
    thereto or therefrom

  2. #2
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    I have always thought about printing all of the relevant NY laws out and folding them up tightly and putting them behind my pistol license in my wallet. Just to have. In case.

    The only thing stopping me is lack of available space in the wallet. The thing is a filing cabinet already.

    Thank you for posting that up.

    -Matt

  3. #3
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    What does it mean that NY is NOT a castle Doctrine and has NO stand your ground law????

  4. #4
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    This wiki article does a good job of explaining it I think:

    Castle Doctrine in the US - Wikipedia, the free encyclopedia

  5. #5
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    Thanks. I cant belive that New York just feeds us to the wolves. Whats up with that?

  6. #6
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    It's Rep. Carolyn McCarthy and Senator Charles Schumer that has offered us up to the wolves. What really makes me mad and many don't know is that Schumer has a CCP. Also, from what I've been reading, McCarthy isn't finished. She wants to ban what she calls "Saturday Night Specials", like all pocket guns. There was a long list. Any gun she feels can fit in a pocket. I can't find the link or I'd post it. Sorry. Do some research on the two of them and you'll find they spear head most of NY's gun laws.
    New York State Consolidated Laws, Civil Rights, Article 2-Bill of Rights, Section 4

    S 4. Right to keep and bear arms. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.

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