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Man Arrested For Defending Family

post #1 of 9
9/8/10 at 11:36am
Thread Starter 
There is a news story of a man in Uniondale, NY who was arrested for defending his home, wife and children from a group of 20 unknown people who were in his yard. I read in at cbslocal.com but didn't post the link because of the comment section. It is also out there in several other places. Nobody was hurt. The man had an AK 47 and shot it into the ground four times when the people ignored being told to leave. He owned the gun legally. He was arrested because he fired the gun. Apparently this is an area where there was a dangerous gang harrassing people there. I wonder just what they will do to this man for trying to protect his family.
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post #2 of 9
9/11/10 at 10:08pm
That's ridiculous. If he legally owns the gun, and is trying to protect his family but yet did not cause bodily harm, there should be no reason he was arrested. Especially with such a large group of people on his property inciting fear into him and his family.

I probably would have done the same thing. If you enter my home though, I won't be giving warning shots.
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post #3 of 9
9/11/10 at 10:18pm
I suppose it is a little overboard for him to have been arrested....but it is technically illegal to discharge a firearm in city limits. So I would expect him to be at least ticketed. If he's not charged with anything, being arrested is of no consequence, just embarrassing.

I didn't know that AK-47s are legal. My dad has some major military-type weapons, but not an AK-47. I would have thought he'd have one if it were legal.
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post #4 of 9
9/11/10 at 10:25pm
Quote:
Originally Posted by Willowy View Post
I suppose it is a little overboard for him to have been arrested....but it is technically illegal to discharge a firearm in city limits. So I would expect him to be at least ticketed. If he's not charged with anything, being arrested is of no consequence, just embarrassing.

I didn't know that AK-47s are legal. My dad has some major military-type weapons, but not an AK-47. I would have thought he'd have one if it were legal.


I also ?? if AK s are legal anywhere let alone within a citys limits
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post #5 of 9
9/11/10 at 10:39pm
It all depends on how badly the police were pissed off when they arrested the guy. We all break laws everyday in this country it is matter of pissing off the wrong person can land you in jail for some ridiculous reason.

Regarding the gun it depends on fully automatic vs semi-automatic. Then after the level of license the guy has. If he owned it legally then is was most likely semi-automatic which is classified along with rifles and would just need a normal license. This also varies from state to state so it is hard to say as I'm not versed in NY state law.
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post #6 of 9
9/12/10 at 10:55am
From what I found for laws in NY for guns.. If it was owned and registered before Sept 14, 1994 it is legal, if it follows certain criteria.

http://www.nyfirearms.com/blog/nys-gun-laws/

So, it could go either way as to whether or not it was legal for him to have the fun. In my opinion, if he could legally have the gun, and someone was on his property, where is the problem? Especially if he didn't actually shoot any one. Apparently gun laws in NY are really strict though, so he might have been breaking more laws than just shooting the gun.
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post #7 of 9
9/15/10 at 8:18am
My question is, how can you legally own an AK 47???
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post #8 of 9
9/15/10 at 8:38am
Quote:
Originally Posted by ut0pia View Post
My question is, how can you legally own an AK 47???
Laws will vary from state to state but basically as long as the rifle is semiautomatic it is legal to own. There are also varying laws on the amount of ammunition that a magazine can hold. Fully automatic firearms can be owned but they require special licensing and permits such as a federal firearms license.
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post #9 of 9
9/25/10 at 10:28pm
People are forgetting that all kinds of guns come in automatic and semi-automatic. It is against the law to own a fully automatic gun in every place that I have looked.

However...it seems stupid that, while legal to possess a firearm, it is illegal to discharge it even in self defense?

I understand the possiblity of stray bullets possibly hitting an innocent bystander, but in a crowd of 20 people that isn't very likely that you'll hit anyone other than one of the trespassers.
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