How lawful self defense will get you arrested in NYC

[PocketProtector]

How lawful self defense will get you arrested in NYC
NY....upside down. Scary to think this is the financial capital of the world. Or does it explain a lot?

The Curious Case of George Bardwil: How lawful self defense will get you arrested in NYC

http://www.guns.com/2013/03/19/the-c...eorge-bardwil/

A Manhattan millionaire is under indictment for possessing an unregistered handgun. George Bardwil, target of multiple recent burglaries, stopped a home invasion in January by pulling a gun on an intruder and issuing a verbal warning. But when the police arrived to investigate the break-in, Bardwil was arrested.

Bardwil won’t be charged with anything related to his act of self defense. Instead Bardwil is facing three years in prison for simply having the gun, which is registered to his bodyguard.

Handgun permits in New York City

The possession charge is based on the complex rules regarding handgun permits in New York City. It is illegal to posses an unregistered handgun in New York City. While most Americans are familiar with concealed carry permits, New Yorkers have to apply for permits to keep a gun in their homes. The laws are so confusing that there are now “handgun license consulting firms” that exist to assist in the application process.

George Bardwil

The New York Post reports that the gun belonged to Bardwil’s body guard. “Bardwil is fighting the gun possession charge. The gun, a loaded, .40 cal Sig Sauer, was legally registered to Bardwil’s bodyguard, who had left it in a secure box in the apartment.”

It doesn’t matter that the gun was registered to his body guard. Bardwil had legal right to keep or use the gun.

When the police showed up to investigate the attempted burglary, Bardwil voluntarily showed them surveillance footage of the incident, which showed him in possession of the gun.

That was enough for him to be arrested.

The Wall Street Journal writes that “Mr. Bardwil allegedly told police he kept the weapon because he feared for his life and said he slept with the gun underneath his pillow in his bedroom.”
Bardwil’s break-ins

Why was Bardwil scared enough to have a bodyguard? Obviously the attempted break-in shows his fears were justified. But there’s more.

Bardwil’s money has made him a frequent target for burglars. In 2011 Bardwil was robbed in a well coordinated daytime break-in at his Manhattan apartment. Two armed thieves forced their way into the apartment in the middle of the afternoon, tied up Bardwil, two friends, and his maid. The burglars had inside information that allowed them to deftly disable Bardwil’s security system, which had been concealed in a closet.

In that heist, the crooks left with $300,000 worth of cash and jewelry. In all, four men were eventually arrested.

The suspect that Bardwil ran off with the unregistered handgun this past January is believed to have made an earlier attempt on the property. The New York Post quotes Michael Bachner, Bardwil’s attorney. “This was the second robbery attempt by the same person. It’s an inside job, somebody George knew and a warrant is out for his arrest.”
The extenuating circumstances

Bardwil’s case is controversial enough, but it is complicated by his troubled past. Bardwil has a recent history of violent behavior. In 2008 Bardwil pleaded guilty to assault charges stemming from an altercation he had with his maid. Bardwil accused her of stealing a belt valued at $187,000.

In 2011, Bardwil was again charged with assault. His then wife, Emiko, suffered lacerations that she claims she received when Bardwil threw her to the ground outside of there apartment and beat her head into the sidewalk. While some charges in that instance have been dropped, Bardwil still faces second degree assault charges.

None of this bodes well for Bardwil. Mediamatters.org writer Timothy Johnson writes:

Bardwil’s domestic abuse charge means that he is prohibited under federal law from possessing a firearm. Under 18 U.S.C. 922, it is unlawful for a person to possess a firearm who “is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year.” In New York, individuals convicted of class D felonies can be sentenced to up to seven years in prison. Individuals who are subject to a permanent restraining order because of allegations of domestic violence are also prohibited from owning a firearm under federal law.

Bardwil denies the latest round of assault charges, and is awaiting trial. On the handgun charge, Bardwil may face up to three years in prison.
The bigger picture

Regardless of Bardwil’s various troubles, this case will set an important precedent. What right do New Yorkers have to self defense?

Many see this as a test of Mayor Bloomberg’s mettle. Will he push for a conviction for the possession charge even though Bardwil was clearly within his rights to defend himself and his property?

[Shodan]

Bardwil accused her of stealing a belt valued at $187,000.

I'm not certain that anyone who would pay $187,000 for a belt is stable enough to own a gun.

[jerryg]

It sounds like the bodyguard would also be in trouble, for leaving a handgun with a prohibited person.

[gummy jones]

Bardwil accused her of stealing a belt valued at $187,000.

I'm not certain that anyone who would pay $187,000 for a belt is stable enough to own a gun.

How do you know it wasn't a utility belt and that bardwell is in fact the dark knight. $187k for all those gadgets is a deal.

[bigandy1966]

There are prohibiting charges of assault pending. He should not have had access to a firearm due to these regardless of the home being burgled. This will be interesting to see because he's wealthy and a prohibited person yet still thinks that he should have access to a firearm. I would be interested in where he does his time. MinSec country club on the weekend with week day ankle bracelets?

[yeager484]

There are prohibiting charges of assault pending. He should not have had access to a firearm due to these regardless of the home being burgled. This will be interesting to see because he's wealthy and a prohibited person yet still thinks that he should have access to a firearm. I would be interested in where he does his time. MinSec country club on the weekend with week day ankle bracelets?

Innocent until proven guilty? Not in NY or Philly.

[jerkin]

I think the title of this thread is a bit misleading, it wasn't "lawful" self defense because he wasn't legally entitled to have the firearm. Sorry, but I don't feel bad for the guy, I don't like NY's laws either but if you choose to live there then you choose to live by their laws.

[Brick]

Given the history, Bardwil's apparent wealth and value of the personal property he maintained in his home. I would say that he was a prime candidate to successfully obtain a New York City pistol license. In this instance a "carry license" or an "on premises" license would have worked. All he had to do was apply and pay the fees.

New York (State and City) law is (or was) very clear you may not possess a handgun without license. Empty hangun a misdemeanor, loaded handgun, a felony.

[Waldershrek]

It sounds like the bodyguard would also be in trouble, for leaving a handgun with a prohibited person.

Article said it was left in a secured box inside the residence. I would bet probably because the guard only has a license to carry while "on duty". I'm assuming that Bardwil knew or figured out he combo or where the key was.

[BenP]

Bardwil accused her of stealing a belt valued at $187,000.

I'm not certain that anyone who would pay $187,000 for a belt is stable enough to own a gun.

With his money, buying an 187,000 belt would be like us buying a $40 belt.