Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Guns' Legality Key in 4 Cases (Not disputing right to shoot assailant, but no right to have gun)
Newsday ^ | 2-20-03 | Sean Gardiner

Posted on 02/21/2003 5:41:53 AM PST by SJackson

The concept of "a man's home is his castle" dates back to English common law. But modern law dictates you can't protect that castle with an illegal gun.

In the past two months, four intruders have been shot in the city during burglaries and armed robberies. Three of those would-be thieves were killed.

In all but one of those cases, the men protecting their homes or business used unlicensed guns, potentially landing themselves in legal hot water.

......Snip.....

In a statement released through his spokesman yesterday, Brooklyn District Attorney Charles Hynes said: "We're not disputing that Mr. Dixon had a right to shoot the person who broke into his house. But he had no right to have that gun."

The case is pending.

(Excerpt) Read more at newsday.com ...


TOPICS: Culture/Society; Extended News
KEYWORDS: banglist
Navigation: use the links below to view more comments.
first previous 1-2021-33 last
To: SJackson
We need to see some massive examples of "jury nullification".

Then we need to see some massive changes in the political and legal systems of New York.

21 posted on 02/21/2003 8:17:51 AM PST by Gritty
[ Post Reply | Private Reply | To 1 | View Replies]

To: SJackson
"We're not disputing that Mr. Dixon had a right to shoot the person who broke into his house. But he had no right to have that gun."

if the right to own a gun is based on the need to protect oneself, than ipso facto legalese mumbo jumbo, the ends justify the means, obviously he needed the gun and only his inability to apply for an application is his crime, not possession of an illegal gun...

MHO

teeman

22 posted on 02/21/2003 8:24:24 AM PST by teeman8r
[ Post Reply | Private Reply | To 2 | View Replies]

To: The Toad
Frankly, I don't care what any court says. People have the right to defend themselves when their life is threatened. A court simply does not have any right or the moral authority in this situation.

Yeah, but this guy is likely to be convicted, pay fines, maybe do jail time, lose his right to vote and federal right to own a gun. A reasonable response is to refuse to live in a state that wants to treat you like a child. Only each and every state appears to be creeping down the road to the full nanny-state model of NY/NJ/Mass. Certainly it wasn't *THAT* long ago that California was still relatively free. That's only a memory now.

Retreat is a fine tactic, but it has its limits if victory is your eventual goal.


23 posted on 02/21/2003 10:01:06 AM PST by Jack Black
[ Post Reply | Private Reply | To 17 | View Replies]

To: OldCorps
Here in the South for instance the homeowner would be a hero. Just another reason for the great migrations from the NE.

Given the close-run battle going on in Georgia right now, I'm not sure even the South will be a safe haven for much longer.

24 posted on 02/21/2003 10:03:57 AM PST by RogueIsland
[ Post Reply | Private Reply | To 13 | View Replies]

To: Gritty
"Then we need to see some massive changes in the political and legal systems of New York."

Right!! You think that a state that elected Ramrod to the senate is going to reform itself? Dream on!
25 posted on 02/21/2003 10:16:20 AM PST by OldCorps
[ Post Reply | Private Reply | To 21 | View Replies]

To: SJackson
We got lots of Law but no Justice!
26 posted on 02/21/2003 10:37:13 AM PST by dljordan
[ Post Reply | Private Reply | To 2 | View Replies]

To: Travis McGee
FREE BRAD FALLON!


27 posted on 02/21/2003 10:46:33 AM PST by Joe Brower (http://www.joebrower.com/)
[ Post Reply | Private Reply | To 20 | View Replies]

To: OldCorps
You think that a state that elected Ramrod to the senate is going to reform itself?

No.

I lived long enough in NY to realize it is a lost cause, politically and economically. There are some mighty fine people who live there. But, they are the distinct minority and mainly relegated to the sparsely populated upstate provinces out-of-control Liberals from downstate tax into poverty to support their socialist nostrums. The political climate is so bad even an unreconstructed RINO, like Pataki (or Nelson Rockefeller before him) is looked on as a 'good' governor. They even think a RINO like Giuliani is mainstream. Unfortunately, secession is not an option for upstate.

Nope. I see no hope common sense will return to this state in large enough doses to save it from itself. That's one reason I no longer live there.

People will continue to try and defend themselves in New York, and they will continue to be unfairly prosecuted for doing so. Such is the fear of guns in the City and on the Island that they would rather innocent people go to jail than their stupidity, control-freak and unConstitutional attitudes exposed!

28 posted on 02/21/2003 10:57:04 AM PST by Gritty
[ Post Reply | Private Reply | To 25 | View Replies]

To: Joe Brower
We'll see about that.

;^)

29 posted on 02/21/2003 11:13:24 AM PST by Travis McGee (www.enemiesforeignanddomestic.com)
[ Post Reply | Private Reply | To 27 | View Replies]

To: SJackson
Lots of intersting little tidbits in this article, like the following:

"On Tuesday night a Queens man on leave from the Air Force shot and killed a burglar who tried to break into the Corona home of his mother, who had recently won $100,000 in the Win 4 Lottery game, police said. The man, Manuel Falquez, 22, illegally bought a 9-mm handgun last week to protect his mother, police said".

So Mr. Falquez, comes home on leave and the very next day arranges to purchase a pistol with absolutuely no trouble at all. Great stupid and worthless gun laws in New York, I'd say. My bet is that millions of New York residents are illegally, but Constitutionally, armed for self-protection.

30 posted on 02/21/2003 1:05:47 PM PST by 45Auto
[ Post Reply | Private Reply | To 1 | View Replies]

To: SJackson
In a statement released through his spokesman yesterday, Brooklyn District Attorney Charles Hynes said: "We're not disputing that Mr. Dixon had a right to shoot the person who broke into his house. But he had no right to have that gun."

...A positively Orwellian bit of logic; doublethink at its finest.

31 posted on 02/21/2003 1:09:03 PM PST by Redcloak (And now for something completely different...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Gritty
Very well written. I'm familiar with upstate NY (once lived in Schnectady) and you are right on the mark with how NYC has drained this once beautiful and vibrant economy through taxation and political marginilization.

Glad I now live in the land of cotton where old times are not forgotten.
32 posted on 02/21/2003 8:42:38 PM PST by OldCorps
[ Post Reply | Private Reply | To 28 | View Replies]

To: OldCorps
Heart o' Dixie Ping!!!!
33 posted on 02/21/2003 8:56:12 PM PST by Alas Babylon!
[ Post Reply | Private Reply | To 32 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-33 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson