Man allegedly arrested for defending his land in NY

SomeSoldier

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Edit: I read it again and did the guy draw his gun or was it holstered? Need more details. If the gun was not holstered then my statement below stands.

Make sure you know the law. I think this man is on the wrong side of this according to the law.

Take refresher courses.
 
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meketrefe

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Why the property owner didn't call the police himself to have that person removed?
And if you have a pistol permit and you carry your weapon according to the license (concealed )... then no see, no harm.
And because that person can say whatever TF they want and if you don't have a video... you know...
even if you end up getting out of criminal trouble nobody is saving you from the headaches and
legal fees, etc...
people forget the most important weapon one has is one's brain .... but we seem to be low on stock right now.
 
SomeSoldier

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Doc8404 said:
how
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Unless the dude was going to commit 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 or she reasonably believes such to be necessary to prevent or terminate what he or she reasonably believes to
be the commission or attempted commission by such other person of a criminal trespass upon such premises. Such person may use any degree of physical force, other than deadly physical force, which he or she reasonably believes to be necessary for such purpose, and 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.
 
Justincase

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Can you open carry on your property as long as nobody who isn't trespassing would see your firearm?
 
carpediem

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Bogus charge, unless he removed it from the holster. I have done something similar and the person left. Trooper friend said as long as you don't wave it around and threaten, just carry so it is visible.
 
meketrefe

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carpediem said:
Bogus charge, unless he removed it from the holster. I have done something similar and the person left. Trooper friend said as long as you don't wave it around and threaten, just carry so it is visible.
Click to expand...

Bad advice.
Because that person can make up whatever he/she wants and then it is your word against the other person and so many loosers, thugs and lunatics out there....
Specially when it is something so easily avoidable.
It is also a smart tactic to ramain concealed in the case, in fact the person trespases wiith ill intent, you might want to take advantage of that person not knowing you are armed. It gives you a tactical advantage and an option to use the surprise factor if in fact that person is up to no good.

Use your heads folks. In the movies everything is easy and cool but in real life one needs to be very conservative and smart and there is no recall button like in the video games.

This advice is the first lesson you will learn in any defensive tactics situation. If there is trouble first thing is try to avoid it, move away, run, call the police. That is why if someone trespasses call the police.

Know the law and always take the most cautious and conservative approach while you know how to defend yourself that btw takes a lot of constant training specially to build confidence and a strong mindset.
 
meketrefe

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byron said:
You can open carry on private property what I was told by the sheriff
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I can carry in my house and my garage or garden (quite private). I am not going down the driveway close to the road to pickup the mail to then having all the soccer moms passing by calling the cops because "There is an armed and ugly man" by the side of the road.

Use your heads. The sheriff says one thing, he is probably right but then a different story is what they do while pressured by loonies all around.
 
Acer-m14

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:idk:
spent a bit of searching and can't find any more info about the OP's post .. nothing on the Chenango Sheriffs Facebook page and nothing on the
NYSP page for that area ..
 
Cooolone

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Well I say BS ...

And when you're on your own property, the trespasser is the agressor when he/she will not leave when told to do so by the owner. They are now "criminal" trespassing, and you may use force (yes, not deadly) to remove them as long as you are not the agressor! It's simple argument that sides with the property owner because they have a right to be there.

Can't see how the sheriff would side with a criminal over the property owner. The word of the property owner must take precedence over the criminal trespasser. Otherwise it is ridiculously twisted! I can walk my property, and what if I was shooting trees (more than 500' from anything, etc.) and the trespasser happened upon my location? Am I going to be arrested for discharging my weapon? Get the fuck out of here! The person doesn't belong there, they introduced themselves to the danger and I can do whatever I like on my property. So it may be beneficial to survey your property with a small target in your pocket. Lmao :D

Anyways... Just more craziness in these crazy times! Something in the water for sure!
 
Acer-m14

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@Cooolone

its not the Sheriff .. in the OP's post it was the NYSP .. "The State Police said "

but like i said cant find any official news on this case
 
meketrefe

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GOPerfect said:
I am going to call bullshit on the story as told.
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We are bombarded with BS everywhere, social media, news, forums, and we all promote it
with cut and paste, forwarde email, repost, head lines threads, ...and then very little about sports and firearms.
.. so tired of half news, covid and crooked politics everyfvckingwere.
 
libertysnake

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SomeSoldier said:
Edit: I read it again and did the guy draw his gun or was it holstered? Need more details. If the gun was not holstered then my statement below stands.

Make sure you know the law. I think this man is on the wrong side of this according to the law.

Take refresher courses.
Click to expand...

Right. It's one thing if he saw the trespasser and told him to leave, and the guy started following him or something. Then he has grounds to fear for his life, especially if he felt he couldn't outrun the man, to be able to draw on him. You can't just draw randomly outside your home.

If it's in your home, and someone is trespassing, drawing isn't unreasonable to do, from what I understand. It's very reasonable to immediately fear for your life if you hear someone trespassing in your home. It's not easy to wander "into" someone's house without knowing it, so the assumption of danger makes sense -- unlike someone who could've easily not seen the posted sign or something outside your home / on your greater property.
 
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