Is It Legal To Stand Your Ground In New York?

As gun laws continue to evolve, it's important for gun owners to know the law. I am a firm believer that the right to defend yourself against deadly threats is a human right. In our state, there have been many contentious battles over New York's gun laws.

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A Supreme Court ruling opened up gun ownership for many New Yorkers, per Newsweek,

"The Supreme Court's landmark decision in New York State Rifle & Pistol Association v. Bruen struck down a century-old law in New York requiring applicants to show "proper cause" in order to obtain a concealed carry license."

Since the ruling, there have been many other legal battles over New York's attempts to circumvent the SCOTUS' ruling. According to The Gun Zone, there are between 2.5 and 3 million gun owners in New York State. For a bit of perspective, Texas, which has 30,503,301 residents, is home to more than 32 million firearms, per Ammo.com. Around 36 percent of Texans own at least one gun.

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Does New York Have A 'Stand Your Ground Law'?

New York does not have a 'stand your ground law'. However, there are instances where residents can stand their ground legally. Generally, New York State law requires people to attempt to retreat before they can justify using physical or deadly force. And considering New York's stance on guns, you may still run into scrutiny in using deadly force when forced to. However, there are a few situations where deadly force can be used. Have you ever heard the term 'Castle Doctrine'? According to Wikipedia,

"A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place (for example, an automobile or a home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free from legal prosecution for the consequences of the force used."

Basically, it provides protection for a homeowner and possibly a vehicle owner to defend their dwelling, even using deadly force, if necessary, from someone trying to violate them, their family, and/or their domicile.

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What Does New York State Law Say About Using Deadly Force?

Per New York State's Penal Law Chapter 40, Part 1, Title C, Article 35, New Yorkers may stand their ground, using deadly force, with no duty to retreat, if the resident is,

(i) in his or her 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

Also included in the exception to the duty to retreat is if,

(b) He or she reasonably believes that such other person is committing or attempting to commit a kidnapping, forcible rape, forcible aggravated sexual abuse, a crime formerly defined in section 130.50 of this chapter by force, or robbery; or

(c) He or she 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.

*This article is not intended to provide legal advice or counsel

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