Unlicensed occupant using gun in SD

[Handgunner]

My girlfriend does not have a permit and is reluctant to seek one based on possible rejection by the state due to personal history. I have offered to show her how to use my handguns in the event she needs a quick defensive weapon. I am away from home 4-6 days out of the week so any scenario she encounters will likely be without me. She has access to a loaded shotgun but access would be delayed due to location and lock removal.

While I'm not looking for legal advice, in the opinion of those on this forum, what legal consequences would she face by opening the safe and using my registered pistol against a perp?* More than being attacked, she is afraid of being arrested for illegal use of a deadly weapon.

* Assuming a clean shoot against a deadly, advancing threat who broke into our home.

[DefensiveCarry.com]

[razor02097]

Is she a felon or a fugitive from justice?

[captainrichhill]

No need for a CCW in FLA for your home or car. You may defend yourself in either regardless of permitted or not.

[kingdaddyoh]

She should be good to go.

[Rob99VMI04]

I wouldn't screw around in new York
I say get her a Shotgun.

[Rob99VMI04]

I wouldn't screw around in new York
I say get her a Shotgun.

[Stevew]

My girlfriend does not have a permit and is reluctant to seek one based on possible rejection by the state due to personal history. I have offered to show her how to use my handguns in the event she needs a quick defensive weapon. I am away from home 4-6 days out of the week so any scenario she encounters will likely be without me. She has access to a loaded shotgun but access would be delayed due to location and lock removal.

While I'm not looking for legal advice, in the opinion of those on this forum, what legal consequences would she face by opening the safe and using my registered pistol against a perp?* More than being attacked, she is afraid of being arrested for illegal use of a deadly weapon.
* Assuming a clean shoot against a deadly, advancing threat who broke into our home.

If I preffered being a victom of an attacker over taking my chances with the legal system, I would not use a weapon if attacked, nor would I fight back due to the same reason. If I was not afraid of legal reproconcusions of an attacker getting injured while prusuing me while I fleeing and suffering legal preconcusions from that, I would just attempt to flee.

I just don't ever see myself coming around to that way of thinking.

[SIGguy229]

Any way you could move out of NY to make this an easier answer?

Does your GF *think* she will have a problem getting a permit? Or is there something definitely there? Meaning, what are the consequences of her applying for a permit, other than being denied? Assuming, of course, she is honest on the application.

[gasmitty]

The doctrine of "competing harms" comes into play here, but ultimately the sanctity of life and personal well-being are usually the highest concerns of the courts.

Re "competing harms," here's a simple example. You're driving on a winding mountain road on vacation with your family. It is illegal to cross the double yellow line in the road... yet coming downhill toward you at a high rate of speed is another vehicle in your lane, headed right for you. Are you "justified" in crossing that yellow line to avoid the imminent danger, even though that is breaking the law? Clearly, the answer is yes. You might contest that this is a weak example, but it serves to illustrate the point.

Moving to the domestic defense example, if your lady - regardless of her "personal history" (short of 1st degree murder, perhaps) - is conducting herself peaceably and lawfully in your home and there is a criminal intrusion, she should be justified in using deadly force to defend herself against grievous bodily harm. The normal standards of "AOJ" - ability, opportunity and jeopardy - apply, but to a lesser extent if the aggressor has already entered the home illegally.

The foregoing is based primarily on Ayoob's LFI-1 course, and the "lawyerese" is his, not mine.

[Eagleks]

HERE : No one needs a CC license to own a gun, or to have one in their home, nor to defend themselves at home if attacked.... unless they have a felony conviction or other disqualifying items that you would find on the 4473 form.

[GWRedDragon]

If -I- were in her place, in the case of home invasion, I would try to:
-retreat if possible
-try to barricade the door
-call 911
-get your pistol
-if a BG broke down the barricade it would probably be pretty clear that they were about to cause me serious harm, and in that case I would use whatever means necessary to stop the attack

Being killed, maimed or raped are things that last forever.

[Maudite]

You need to contact a criminal defense lawyer in your area, who has relevant experience, and ask him or her.

[MattInFla]

The advice about contacting an attorney is spot on.

Bear in mind that, depending on the details of the "history" involved, you could be in legal jeopardy for providing her access to the firearm.

Matt

[liljake82]

The advice about contacting an attorney is spot on.

Bear in mind that, depending on the details of the "history" involved, you could be in legal jeopardy for providing her access to the firearm.

Matt

This.

[Mic]

Don't think there would be any problems if the shooting was justified self defence. I don't know the law in NY so Id sudjest you talk to a lawyer for advice