Brooklyn Homeowner Shoots Would-Be Burglar

(WPIX)

Earlier this morning at 2 a.m., a homeowner in Brooklyn shot a man who was breaking into his house on East 64th Street in Mill Basin. According to WPIX, the homeowner "saw someone in his front yard" and then "went to retrieve his gun and by the time he returned, the suspect was already broke into his home. The man shot the suspect twice in the torso."

The homeowner, described as a retired schoolteacher, has a valid license to carry and possess the gun. Cops do not suspect criminality because the homeowner was trying to defend himself. A neighbor told WPIX, "If somebody were to break into my house and try to harm my family, there's very little that's gonna come between me and my family. I hope the perpertator is hurting [and] he learns his lesson so he can share his story with other people about breaking into other people's houses."

The would-be burglar is in critical condition at Brookdale Hospital. WPIX adds, "Residents [say] there have been a number of break-ins in the area recently. They also said just one block away, a family was held at gunpoint during another home invasion and the suspect made off with $50,000 in cash and jewelry."

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By Jen Chung in News on September 15, 2010 8:46 AM

Comments [rss]

rdayk

According to the law, you can only use lethal force to defend yourself or another from imminent harm, not to defend your possessions or even your home. So if the robber decides to sue, the homeowner will need to prove that he was in danger of imminent harm - that the robber threatened him physically, and not just tried to steal his belongings. Crazy as it seems, if someone decides to break into your house and steal everything you own, as long as they don't threaten to hurt you or your family, you are not legally entitled to stop them with force.

hudsonflow

jayclay is correct. Burglary is one of two crimes in which a person may use deadly force; the other being arson. If the homeowner had shot the alleged perpetrator prior to their entering the dwelling, then the homeowner would have been acting outside of the law.

http://law.onecle.com/new-york/penal/PEN035.20_35.20.html

jaycjay

New York Penal Law Section 35.20(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 or she reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of such burglary.

ktinnyc

As a graduate of Hollywood Upstairs Law College I concur.

ABSORB

Too bad I don't have a permit to defend myself, I guess I'm dead

ktinnyc

It's not difficult to get a permit for a rifle or shotgun for your home, have you tried? I know actually applying and getting your permit would put a crimp in your arguments about how gun control in NYC but unless you have a record you shouldn't have a problem. You can download the forms right off the NYPD web site. A little paper work and $250 will get you a permit for your home.

ABSORB

Bloomberg hates when this kind of thing happens

John L

One for the good guys.

exnyer

This home protected by Smith & Wesson 5 Days a week....you guess which 5....burglar guessed wrong.

billyjack44

When I was in Florida, you wouldnt even give the finger to other drivers, cause just about everyone had a gun under their seat. I myself did not carry, but I have to say, it made everyone think twice about starting shit with someone, stealing another's property, etc. There could be irreversible, heavy-duty repercussions to perpetrating an act on someone else. Bottom line...dude was a POS effing criminal. Shoot his ass DEAD. Eff em'. And all you gun haters? You'd whistle a different tune if you were ever victimized. Cheers.

nicemarmot

Too bad he missed the guy's face. Now he might live.

hotstepper

guns are made for this.

Meyer Lansky

Feel good story of the day! Too bad he didn't shoot him in the head.

JacqueMehoff

a school teacher with a valid license to carry? hmmm, gotta look him up on the list. actually, the burglar should have looked him up on that list beforehand.

jaycjay

In spite of the use of the phrase "carry and possess" in the linked article, it's likely actually a premises license... which is relatively easy to get for a homeowner with a clean record.

exnyer

yeah, carry permit is short list, a premise permit is more likely.

KaosDG

He should have killed the robber, because now the robber is going to sue the shit out of him.

Petey

If more law abiding citizens were legally allowed to carry guns, criminals might think twice about robbing people, and breaking into homes.

Spirit of 76

Yeah, sure. More guns on the streets solves everything. Why, if everybody had a gun, that poor delivery driver wouldn't have been shot in the head a couple of weeks ago. He could have fired back. At whom? We don't know and it doesn't matter. All that matters is we could have had a nice all-out firefight on the street. Darn.

handsomedevil

And more people would get shot by accident or as the result of personal beefs.

Seriously, it is not obvious that arming more people has a down side?