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For those who own a gun for reasons of self-defense, it's important to be aware that laws are different depending on whether the gun is utilized inside or outside the home. Thomas A. Corletta, Attorney at Law, is a criminal and family law lawyer who has been serving the Rochester, New York, area for over 35 years. Below, this experienced lawyer discusses some of the differences in the laws pertaining to using a gun for self-defense inside and outside the home.

New York Is Not a "Stand Your Ground" State

Stand Your Ground laws are on the books in several states. These laws permit those whose safety or property are threatened to use a gun to defend themselves, even if the threat is not under the gun owner's own roof. From a legal perspective, the gun owner has "no duty to retreat" from a threatening situation before using force. New York, however, is a Duty to Retreat state, meaning you can't utilize deadly force outside your home without first seeking a way out of the situation.

Your Legal Obligation Is to Retreat

lawyerBecause of its status as a Duty to Retreat state, gun owners have an unspoken but understood legal obligation to avoid the risks of deadly force when outside of their own homes. If you are inside your own home, under direct threat, and protecting yourself, your family, or your property, the law gives the gun owner a little more leeway. You are acting in self-defense, and from a legal perspective, your case will likely be much stronger than had you used your gun for similar reasons outside of your own home.

Why Are the Laws Different?

It all has to do with the potential harm a loaded gun can do. When you're inside your home, on your own turf, you're in a much more controlled environment than you would be outside of your personal, private space. Using a gun, even for self-defense, while out in public places puts other people in harm's way and can easily lead to an escalation of violence, confusion, and panic.

Contact Thomas A. Corletta, Attorney at Law online to schedule a consultation for legal advice from a trusted local lawyer. You can also reach his firm by phone at (585) 546-5072 or by connecting with them via Facebook or Twitter. By understanding the legal consequences of using a gun, you can be better prepared to make the wisest decisions possible if you're ever faced with the need to defend yourself.

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