Posted by Billy NY on October 20, 2007 at 08:47:02 from (64.12.117.74):
In Reply to: hay theft posted by whats the world come to on October 19, 2007 at 19:05:07:
Common sense, knowledge on the law and helping your law enforcement people do their job after discussing what you can do to help with them seems to be a better plan, why risk your rights and privilges to own firearms and become a criminal while trying to mitigate theft,or other crime, personally I hate a thief no matter how small, somehow you can outsmart them, here is an excerpt of NYS law, I think it's highly imperative to have a working knowledge of laws that effect you or situations you might be involved in, before they occur.
Quote:
NY Law states: "6. A person may, pursuant to the ensuing provisions of this article, use physical force upon another person in defense of himself or a third person, or in defense of premises, or in order to prevent larceny of or criminal mischief to property, or inorder to effect an arrest or prevent an escape from custody." NY Penal Law 35.10(6) http://assembly.state.ny.us/leg/?cl=82&a=12
Penal Law, sec. 35.30, titled "Justification; use of physical force in making an arrest or in preventing an escape", provides: NY Penal Law section 35.30(4) states: "4. A private person acting on his own account may use physical force, other than deadly physical force, upon another person when and to the extent that he reasonably believes such tobe necessary to effect an arrest or to prevent the escape from custody of a person whom he reasonably believes to have committed an offense [in his presence, see CPL Article 140] and who in fact has committed such offense; and [after giving due notice of the grounds for the arrest] he may use deadly physical force for such purpose when he reasonably believes such to be necessary to:(a) Defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force."
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