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George Grier lives in the wrong state to defend his family

George Grier of Uniondale ran afoul of New York's poor gun laws and may spend prison time for trying to defend his family. It seems he was unaware that New York has no law supporting the "Castle Doctrine" specifically recognizing a right to defend ones home and family from intruders. Instead, New York recognizes a sort of honorable fair fight concept, saying you are only entitled to use physical force to deter physical force. This doesn't take into account age, fitness, training, or size, but it looks great in action movies where the hero tosses away his helmet after he knocks off the helmet of his foe, and tosses away his own shield after removing his enemy's shield to keep the fight fair. Give me a break!


Where Mr. Grier went wrong was going back outside of his home after fetching his gun. If he had left the multiple verbal challenges unanswered and recognized the New York law's "duty to retreat" by holing up in the house with his family he wouldn't be in the fix he is in now. If the intruders had then crossed his threshold, his case would have been stronger. Also, the police say they have no record of a 911 call from his house after Mr. Grier said that he had told his wife to call the police.


This case underscores the need to know the legal environment in which you live. Remember that in Texas, Joe Horn shot two men outside his house in 2007, and was exonerated of all charges.  He was attempting to stop a robbery of a house across the street.


The cherry on top of all this is, now Mr. Grier is under indictment and perhaps disarmed, and the aggressive men who challenged him are emboldened to perhaps do much more than taunt him and his family. If something worse happens, I hope the Brady Bunch sends flowers.

Comments

  • Anonymous 3 years ago

    This is Robert-Perhaps it is time for the jury to step up and find him not guilty and send a message to the legislators that this is an unfair law that discriminates against the average person in favor of criminals. The law can take anyone to court but a jury does not have to find them guilty of anything if that jury feels the law is unjust or illegal and a judge cannot force them to. What goes on in a jury room should stay in a jury room and if a judge badgers a jury for a verdict then he should be investigated. The man did the right thing and now an unfair system wants to punish him. It is time the people put a stop to this kind of law.

  • Anonymous 3 years ago

    Hate to say it, but the proper course of action is indeed to step back inside, not shoot into the ground as a "warning". Better yet, don't even show your gun until you use it, not by waving it around, threatening and shooting into the ground - but to take out the attackers.

    Step 1: Go inside and get your gun.
    Step 2: Call the cops.
    Step 3: Wait. If the perps move in, kick in the door, kill them all.

    But shooting into the ground? All that does is waste ammo. And what if he'd hit one of the thugs? Does he then argue "he didn't mean to"?

    Shoot to kill - or don't shoot.

  • HerbM 3 years ago

    Perhaps going inside would have been a better choice, tactically or legally, perhaps not.

    The issue is that a person does have a RIGHT to defend himself, his family, even his home and property.

    Tactically, the event worked out Ok -- no one was injured, especially not the man or his family.

    Legally, he lives in a very poor place due to the lack of respect New York law and New York officials show for civil rights, especially that of self-defense.

    This was in fact the POINT of this article -- not some poorly supported "what if" on tactical decisions.

    Hopefully, this case will either be dismissed outright, OR if necessary McDonell v. Chicago will be invoked to demonstrate that a) he has a right to self-defense b) he has a right to use a gun to do that and c) the state can infringe these rights with short sighted laws.

  • Anonymous 3 years ago

    Should say: State CANNOT infringe.

  • thoughtful 3 years ago

    Actually he's not being charged with any gun crime and it's legal for him to have this gun in his community. His problem is one of over-aggressive law enforcement.
    This is a problem that has been prevalent and growing in our society all across our nation for decades.

    It's worse in some communities than others. In some communities if you call 911 it's highly likely they will just arrest everyone they come in to contact with when they arrive so people get the message and don't call.

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