Senior Citizen Who Kills 2 Repeat Intruders with Inherited Gun is Jailed. Home Condemned.

Lara

Lara

Friend of the Arts
Location
Mid-Atlantic Coast
[SUB]2 Repeat intruders were shot and killed by a 62 yr old man in his NY home. The senior citizen was arrested, handcuffed, put in an orange jumpsuit, and hauled into court for using his grandfather's gun he inherited despite using it to protect his home and his life. It hadn't been registered in his own name. The NYPD also condemned his home because he was a hoarder.

So here's a senior who is now homeless and facing up to 4 years in prison for protecting his home and his life from intruders who had robbed him before. I believe it's even against the Constitution regarding the use of a gun for protection. Plus he looked so scared and confused in the courtroom. He didn't deserve that kind of treatment.

So, folks, if you have a gun you inherited you'd better have it registered in your own name.[/SUB]
 

We have a similar case in my area where a man killed two intruders with an illegal handgun.

He was not arrested or charged in the two killings but he does face charges on illegal possession of a firearm, etc...

IMO that's fair, why have laws on the books if they only apply to some people and not others.
 
The senior citizen was arrested, handcuffed, put in an orange jumpsuit,
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Let's get down to the real outrage here. If the jumpsuit had been some color other than orange, would this have been so terrible?

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Due to the amount of gun violence in New York, their legislature created new laws about 15 years ago regarding the transferring of guns, either through inheritance or private purchase.

In this personā€™s case, if his case is found reasonable and no charges are brought and if he has no other legal wrangling in his past, I would expect the judge may go easy, but courts can surprise you.

Here in Pennsylvania, we are just the opposite, but with the number of hunters and NRA members, itā€™s not surprising. We have no registration or magazine size. You must have a concealed carry permit, but open carry is permitted. Do I ever see anyone with a handgun strapped to his waist? No.
 
I have been dwelling on this case since I first read it. What I am about to post has nothing to do with this personā€™s case and in no way am I accusing him of what I am writing about. It is just something that came to mind.

I remember reading about a few cases across the U.S. where in one case, a retired gentleman who was tired of being robbed, mostly stealing his weapons, killed two teens and in another case, a family man killed an exchange student, who somehow walked into the wrong garage.

In the first case mentioned, two teenagers had previously robbed this retired man, so he was accused of setting up the scene to invite them in for a third time, but this time, he waited on them with his high-powered rifle. Both kids took the ā€œbaitā€ and entered the home through an unlocked door. The result: Two dead teens. They were cousins; one male, one female.

In the second case, the situation was very similar. The neighborhood had been experiencing a few robberies, including this man. So, he again was accused of setting a trap by leaving the garage door open while heā€™s sat on a step with his rifle waiting for the subject to walk in. So, here comes an exchange student from a foreign country walking down the street trying to figure out which house is his. He sees the open garage door and investigators believed he may have thought, ā€œOh good. They left the door open for me.ā€ So, he walks in and BANG! Another dead kid.

The results in both cases were the same. Both men were charged with numerous counts, including first degree murder and both men were found guilty. The sentences were also the same. Both men received life w/o parole.
 
As our country (United States) moves toward lawlessness as in many other countries it is becoming concerning for all and even more so for seniors. It is an every day occurrence for robbers, many are youth who just bash the door in and rob and sometimes kill the people inside. I have my guns registered, but never liked the law because when they take our guns away they know who have them.
 
There are very few verifiable facts in the original post. Maybe the name , and a police report, as to what really happened. before we get all hot and bothered about what might have happened, it would be nice to get facts.
 
"The right of the people to keep and bear arms shall not be infringed"

It's crystal clear to me, as it should be to any reasonable and logical individual that this man's constitutional rights are being infringed on in a big way. It's a travesty that certain jurisdictions in the United States have been able to get away with passing gun regulation laws that are so clearly in violation of the 2nd amendment. This case should not even go to trial. The prosecutor should drop all charges against this man and these unconstitutional laws of the state of New York should be stripped from the books as should any similar laws in any other jurisdictions within the United States.
 
I don't think that man would have been arrested in Colorado either, you have a right to protect yourself in your home if necessary. I don't know about having to register firearms that were inherited, seems there's always new laws popping up in various states, I don't think they're all the same.
 
Trade said:
"The right of the people to keep and bear arms shall not be infringed"

It's crystal clear to me, as it should be to any reasonable and logical individual that this man's constitutional rights are being infringed on in a big way. It's a travesty that certain jurisdictions in the United States have been able to get away with passing gun regulation laws that are so clearly in violation of the 2nd amendment. This case should not even go to trial. The prosecutor should drop all charges against this man and these unconstitutional laws of the state of New York should be stripped from the books as should any similar laws in any other jurisdictions within the United States.
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[SUB]I have to agree with you that it's a violation of the 2nd Amendment. Unfortunately, there is a growing number people that don't respect our Constitution, don't know what it says, or think they're above it and figure they will have enough followers to back their opinion. They teach their children to respect authority and then they don't do it themselves. Children learn by example so it's only going to get worse.

[/SUB]
 
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." ​
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That's the Second Amendment, folks. Obviously, it was referring to a well regulated militia, not some guy in his home with a gun collection. So what part of it was being violated here, Lara?
 
Sunny said:
That's the Second Amendment, folks. Obviously, it was referring to a well regulated militia, not some guy in his home with a gun collection. So what part of it was being violated here, Lara?
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Bullshit. The second amendment was intended to apply to EVERYONE!

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Any person in the U.S. has the right to own and bear firearms for legal use.

There is also this thing called ā€œpreemption of powers.ā€ How it works is that one governing authority can trump another body of government. IOW, if a city has a gun law, the state can pass their own law that would trump the city law, and the federal government could then pass a law that would trump the state law. Thatā€™s pretty much how preemption of power works.

Municipalities, states and federal government all have the right to make laws that govern firearms. However, if someone should decide to challenge it, the final say would come from the Supreme Court. Itā€™s then up to them to interpret the laws that Congress has set forth.

The other issue being discussed is that this fellow that shot his inherited handgun did so unlawfully according to New York State laws. Of course, he has the right to appeal and it could go to the U.S. Supreme Court, if they would decide to hear it.

Is there more to this story than we know? I guess that weā€™ll have to wait and see.
 
Sunny said:
That's the Second Amendment, folks. Obviously, it was referring to a well regulated militia, not some guy in his home with a gun collection. So what part o.f it was being violated here, Lara?
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I agree Sunny. Let's get it straight. A militia is a militia and an individual is an individual. People seem to think human life is of less value these days. There are too many guns and too many people eager to use them to solve every problem. Death is final. It's something to think about.
 
Trade said:
"The right of the people to keep and bear arms shall not be infringed"

It's crystal clear to me, as it should be to any reasonable and logical individual that this man's constitutional rights are being infringed on in a big way. It's a travesty that certain jurisdictions in the United States have been able to get away with passing gun regulation laws that are so clearly in violation of the 2nd amendment. This case should not even go to trial. The prosecutor should drop all charges against this man and these unconstitutional laws of the state of New York should be stripped from the books as should any similar laws in any other jurisdictions within the United States.
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Spot on Trade. and let me take this one step further.

All men (and women) by their essential nature have the RIGHT to defend themselves and their
property from harm or oppression, be it by other individuals, or by the state;
through whatever means necessary up to and including lethal force.


That RIGHT is fundamental to our nature as sentient persons. No law or amendment
granted that RIGHT. No repeal or passage of any amendment may abrogate that RIGHT.
No repeal or passage of any law may take away that RIGHT. No government or society
may say that RIGHT is invalid, unnecessary, or ā€œuncivilizedā€. That RIGHT is absolute.


The second amendment recognizes that RIGHT, and specifically limits the governments
ability to attempt to infringe upon it.


Some may say that such a RIGHT is unnecessary, or outdated, or that the constitution
and second amendment did not recognize and should not be construed as protecting
that RIGHT.


They are wrong; by ignorance, by denial, or by design.


If you want proof you need not look far...


Sudan, Rwanda, Liberia, Yugoslavia, Cambodia, Congo, Germany, Armenia, Russia...
History has proven again and again; the only thing that ensures against genocide,
is an armed, and educated populace. The Warsaw ghetto should be all the example you
ever need.


It is our duty as free men, and as citizens, to ensure that our populace remains
both educated, and armed.
 
chic said:
I agree Sunny. Let's get it straight. A militia is a militia and an individual is an individual. People seem to think human life is of less value these days. There are too many guns and too many people eager to use them to solve every problem. Death is final. It's something to think about.
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I think the problem here is in the word Militia. The consensus of legal experts have stated that when the Bill of Rights was written what our forefathers had in mind was that any individual could act as a militia to defend their body and property.

But, there are varying opinions. To the best of my knowledge, the Supreme Court has never interpreted this phrase.
 
He should have dumped the 2 thugs in the river and let the fish sort them out.

Another good reason why I will not even visit NYC.
 
chic said:
I agree Sunny. Let's get it straight. A militia is a militia and an individual is an individual.
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True, however the second amendment covers both. The first part of it speaks to the militia and the second part speaks to the individual. What else could the term "the people" mean but individuals?

As for gun laws all they are good for is to make it a pain in the butt for responsible law abiding citizens like this poor schmuck to have guns. They are no more than a speed bump at best for criminals.
 

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