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States’ Differing Attitudes On 2nd Amendment Yield Two Self-Defense Stories With Very Different Results

March 15, 2013 by  

States’ Differing Attitudes On 2nd Amendment Yield Two Self-Defense Stories With Very Different Results

In Alabama, an Average Joe likely won’t face charges for standing his ground after killing an intruder this week in self-defense.

But a millionaire businessman in New York City could spend three years in jail simply for pointing an unlicensed gun at a man who broke into his home in January.

Police in Albertville, a small North Alabama town, said a local homeowner probably won’t face charges for shooting and killing an intruder who picked the wrong time to break into one of the shooter’s vacant rental properties Tuesday.

The Sand Mountain Reporter said the unnamed homeowner killed the (also unnamed) intruder after the intruder allegedly broke into the house while its owner and a friend were inside checking on the property. The homeowner himself called 911 immediately after he shot the burglar.

Albertville Assistant Police Chief Jamie Smith told WHNT that, since a person was killed, police investigators must automatically review the case before a grand jury — although he expects there won’t be an indictment.

“We are in the early stages of the investigation, but right now we’re treating it as a burglary and the homeowner defending his property,” Smith said. “I’m sure at the time he felt he was in danger, so he took what action he thought he needed to take at the time to protect himself…You can back away from anything, but home is as far backwards as you can go. At what point do you leave your house to let them have it? If that’s even a question, and in my mind, it wouldn’t be.”

Meanwhile, George Bardwil, a 60-year-old New York man who heads a century-old family business, had to plead not guilty Wednesday to illegal gun possession after aiming a .40 caliber pistol at a man who broke into his Manhattan apartment.

Pointing the gun, which was registered to Bardwil’s bodyguard and kept safe in a secured box at the apartment, produced the desired effect: The intruder fled.

Like the Alabama homeowner, Bardwil immediately called 911 when the incident was over; but that didn’t quite produce the desired effect. The police came. Bardwil, who likely thought he was fortunate to be in a position to afford a security system, played back the entire incident for the cops from footage his cameras had captured.

They arrested him on suspicion of possessing an illegal gun.

In addition to having gun control laws farther afoul of Constitutional intent than almost any other State, New York is one of six States also considered to have weak self-defense laws.

Alabama and more than 20 other States have “stand your ground” laws intended to guarantee citizens they won’t face prosecution if circumstances require they use lethal force against an attacker — no matter where the attack occurs. Several other States have weaker, so-called “castle” laws, which apply to residents inside a home who use force to fend off invaders.

Ben Bullard

Reconciling the concept of individual sovereignty with conscientious participation in the modern American political process is a continuing preoccupation for staff writer Ben Bullard. A former community newspaper writer, Bullard has closely observed the manner in which well-meaning small-town politicians and policy makers often accept, unthinkingly, their increasingly marginal role in shaping the quality of their own lives, as well as those of the people whom they serve. He argues that American public policy is plagued by inscrutable and corrupt motives on a national scale, a fundamental problem which individuals, families and communities must strive to solve. This, he argues, can be achieved only as Americans rediscover the principal role each citizen plays in enriching the welfare of our Republic.

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  • Harold Young

    I would stand my ground in my home. Shame on anyone that trys. If you try you gonna die. (I have a big BALLBAT)

    • Jeff

      Harold, give politicians enough time and your self defense tool of choice will be labeled an “assault bat.” I hope it’s a wooden one because that makes it less EVIL, and it won’t require registration yet! But whatever you do, do not even think about painting it black, the evil scale jumps off the charts! If it’s black it may be subject to registration with the “BAT”FE and will be highly regulated.

      • Rob

        I’m sure it won’t take long for bats to be outlawed as well… They are the number one weapon used in violent crime.

      • Jim

        What about an assault nine-iron. One of the Kennedy clan used one some twenty years ago to commit a murder.

      • BillT

        And then how long until “Bats” are made illegal. Our government has no shame.

    • Jim

      A ballbat isn’t much good against a gun.

      • Bob W.

        Only if you’re sneaking up behind the gunman, and that just won’t fly.

      • Bill Henry

        What guns?? Oh! those old things. I lost them a long time ago. You can search me. You won’t find any guns. My wife made me get rid of them. Thanks for your concern though. Honest! I don’t have any, but before you search may I see your warrant?

  • http://PersonalLibertyDigest Joe Anthony

    And people wonder why I refuse to go to “New York City” – Sorry folks Texas is fine for me.

  • Vern Reising

    Well, it looks like there are not ANY politicians with the backbone to finally say “That’s Enough”. That’s Enough of this disparity across all 50 States concerning rights based on the Second Amendment. We now have States trying to implement all kinds of restrictions, size of magazines/number of rounds, restricting posession of guns, dreaming up new restrictions on types of guns adn the list goes on adn on. It is time for the Supreme Court to get involved and put an end to this nonsense. Any person with a rational mind fully knows the intent of the “Second Amendment” was for individuals to posess weapons for their own self defense from other individuals and or from any form of tyrannical government. So, why is it The Federal Government wants to make new rules, the States want to make new rules and even individual cities and municipalities. ENOUGH! Someone put a stop to this NONSENSE! Unless WE the People demand a change to the Constitution, The Supreme Court should be upholding that document with no infringement. These constant battles are just wasting time and money of the government and all of the different lobby groups. Either Change the Constitution or leave it alone. But, STOP stepping on our rights.
    What happened to the Oath of Office each of these politicians takes to “Support and Defend the Constitution” Failure to live up to this Oath should be considered Treasonous to this Country. Where has all the common sense gone?!?

    • steve

      so much for being called THE UNITED STATES OF AMERICA.

    • steve

      the laws alone from state to state make it very hard to be UNITED.

      • Wil

        Now we have the DSSA. Divided Socialist States of America.

    • Vicki

      Vern Reising writes:
      “It is time for the Supreme Court to get involved and put an end to this nonsense.”

      They did. DISTRICT OF COLUMBIA v. HELLER (No. 07-290) and McDonald vs Chicago. They said that firearms ownership is an individual right and is enforceable on state and local government as well as federal government.

      What they did not do is clarify what “shall not be infringed” means. They hinted that some regulations are ok but not any details. (Heller case)

    • Vicki

      Vern Reising writes:
      “Well, it looks like there are not ANY politicians with the backbone to finally say “That’s Enough”. That’s Enough of this disparity across all 50 States concerning rights based on the Second Amendment. ”

      We need to tell all the politicians that

      ~300 MILLION Americans DIDN’T SHOOT ANYONE.

      STOP PUNISHING THE INNOCENT for the acts of a (very) few.

      STOP IT

      When enough of us say that the politicians will start to notice.

      This statistic works for states too. Just take the state population figure and the state crime (where tool=gun) and compare.

      • Vern Reising


        Those are good numbers.

        So, I must ask are you a lawyer and a gun lover?
        Just curious, your comments suggest they come from a JD background???? :o)

      • Vicki

        I’m neither. My background is in the sciences. As to guns, I recognize them as tools. Very effective tools for the job of self and community defense.

  • Freedom Fighter

    Another reason besides super high taxs, idiot food laws to leave NY, Unconstitutional Law that creates an unsafe living environment. When A man is arrested for defending himself in his own home from an aggressor you know the law is unconstitutional.

    NY has fallen to the dark disires of the progressive communist democrat party the cult of death and victumhood.

    Laus Deo
    Semper FI

  • Thomas

    Better to be judged by 12 than carried by 6…

  • Don 2

    New Yorkers…..what do you expect from a state that elects people like Chuck Schumer and Michael Bloomberg? Elections have consequences…..just like a computer…..garbage in…..garbage(laws) out!



    • Don 2


      In case reality hasn’t hit you yet, you live in the Islamic capital of the U.S.; the 2nd. largest Arab population outside of the middle east, and growing. Dearborn, Michigan is America’s Muslim capitol. No offense Bruce, but Islam and the U.S. Constitution are like apples & oranges, they are completely incompatible.

  • jdn

    We all know that the laws in some states governing weapons and the restrictions on self defense are absurd and virtualy demand that citizens lay down sometimes their lives to be glorified victims . Most of us know this is wrong on every level, But now I turn the conversation over to the FLASH mob as they try to defend the anti gun and praise the victims living and dead mentality .

    • jdn

      Wow , no anti gun nuts today calling for this guys head for daring to defend his home . Must be one of those unannouced 24 hr Obama praise-athons or is it take a liberal to work day ?

      • Dennis48e

        Some of them are stuck on the first article going on rants against Rand Paul.


    Start spreading the news
    I am leaving today
    I want to be a part of it
    New York, New York

    These vagabond shoes
    They are longing to stray
    Right through the very heart of it
    New York, New York

    I want to wake up in that city
    That doesn’t sleep
    And find I’m king of the hill
    Top of the heap

    My little town blues
    They are melting away
    I gonna make a brand new start of it
    In old New York

    If I can make it there
    I’ll make it anywhere
    It’s up to you
    New York, New York

    New York, New York
    I want to wake up in that city
    That never sleeps
    And find I’m king of the hill
    Top of the list
    Head of the heap
    King of the hill

    These are little town blues
    They have all melted away
    I am about to make a brand new start of it
    Right there in old New York

    And you bet [Incomprehensible] baby
    If I can make it there
    You know, I’m gonna make it just about anywhere
    Come on, come through
    New York, New York, New York

    Hmm, safe to assume things have changed in old New York since those lyrics were penned…?

    • WTS/JAY

      The new and updated version of “New York New York” -by Alecia Keys

      Here I am, here we are
      As it will go on forever
      Noise, always noise
      Candles burn, lights are low
      I haven’t a place to go

      Life in it’s constant state of moving nowhere
      The music is nice, floats through the air
      Sounds of waves crashing everywhere
      Percussive submissions, mind conditions
      Writing with the left hand
      Unknowing and taking the chance

      Why not fly? Why not try?
      This constant game I play to stay high
      But all is just a state of mind
      All is reality of your choice
      Constant evolution, constant adaptation
      Constant state of moving nowhere

      Footsteps, silence is loud
      Kindness is brave, wisdom is long
      Loving is necessary, I need it, we need it
      Searching, looking for the satisfaction
      It is nowhere, it is everywhere

      Preaching, pleading, praying for God to come
      What are we waiting for?
      Why are we so afraid of taking charge?
      But it’s always changing, always
      In the constant state of going nowhere

      We all have demons to battle, roads to walk
      Crosses to bear, mistakes and sins
      Candles and their steady glow
      Water and its constant crash

      Endless horizon, rocks of times long gone
      Still strong, still here and so are we
      Here we are forever
      The constant state of going nowhere

      The constant state of going nowhere
      Constant state of going nowhere
      Con-con-constant state of moving nowhere
      Constant state of moving nowhere

      It’s like a jungle
      It’s like a jungle

      It’s like a jungle out here, so much struggle out here
      And my dreams steal my rest, sleep’s the cousin of death
      Always feels like a race against father time
      In the streets of New York

      All I see is street hoes, and bullet holes in my people
      Only crime fills the brain, feels like I’m going insane
      The revolution has to start, don’t waste no time
      In the streets of New York

      New York, New York, New York
      New York, New York City….

  • Michael Beglin

    Anyone that chooses to live in New York gets what they deserve. Why would anyone want to live there? I don’t understand it. I also do not understand why New Yorkers are so cowardly that they expect someone else to look after their safety. They have been treated like children for so long that they are now acting like children. They seem to think that Bloomberg is their daddy, and they MUST do what he says. That is stupid. The citizens of New York are nothing but peasants to Bloomberg. We are witnessing the rise of the American aristocracy. Disarming the peasants is the first step. Next will be Duke Bloomberg, and a king in the White House.

    • Vern Reising

      The problem is, the same mentality is being exported to all major population centers across the country. We already have a President who wished to rule by “Decreee” and he is doing a mighty fine job of heading down the road of a dictator. If “WE THE PEOPLE” do not stand up and be counted, guns will just be the first freedom tken away.

  • STEVE E.

    New York is not fit to belong to the Union. They disqualify themselves by not adhering to the Constitution. If they ever want to succeed, for God’s sake. Let them do it.

  • old hillbilly


    • Freedom Fighter

      oh and never vote for a progressive again from either party — looking like your life and the lives of your family may depend on it (using NY as an example)

      Dont be a Victims of the progressive/communist/socialist democratic party again.

      Laus Deo
      Semper FI

      • John Emerson

        the progressives have voter fraud down to a science and I don’t think our vote counts any more. The DOJ doesn’t prosecute those caught for voter fraud so what can we do? They are not leaving us with too many choices, and that means blood will be shed. If they make us resort to another revolution then they will have to pay with their lives when its done. I will not let these scum rule over my children like slaves…

  • Dallas Miley

    As a retired law enforcement officer, I know that is is impossible for any agency to protect all of it’s citizen’s all of the time. A person is ultimately responsible for their own safety. It would be possible if we had an officer for each person. Since that’s impossible, a person must be allowed to protect themselves. Because of the cost, we could never keep all of those that commit crimes in prison. It cost’s over $20,000.00 a year to keep a convict prison. There are more people killed with other possible weapon’s than with gun’s. Parent’s would be very helpful in stopping children with mental issue’s but parent’s are not allowed to raise their children because the government has stepped in to control that to. The 2nd amendment was written so our citizen’s could protect themselves and their families from a tyrannical government. At the time, the British was the enemy. Now it’s our own leaders that we need to be to be wary of. Gun’s aren’t the cause of our problem’s, our society is. It’s also very true that taking gun’s away from the law abiding citizen won’t end the mass murder’s. A criminal will get a weapon to do whatever they want to. And again, we couldn’t keep them in lock-up, it cost to much. The mentally incompetent would suffer even less confinement due their condition. Destroying gun’s would force those intent on killing one or many people to find other way’s to do so, and the list is endless.

    • John Collins

      to cut down on prison population they should kill murders and rapists and child molesters are to b slow hanged on live tv….let none violent pot heads out the only deaths with pot are caused by no knok raids wich should b illegal……do i deserv to b shot by a cop who breaks into my house and shoots my dog because they cant get the address right?

      • Vicki

        End the war on (some) drugs. free anyone who was not guilty of real crime (theft, violence etc) and you will find you have a LOT of empty cells to put real bad guys in.

    • ranger09

      Blame the Justice System on the Goody Does and the Politicians, And the Money hungry lawyers. We have allowed our system to be the most over loaded jails in the World, And the most costly. We need to get back to the old ways to where justice was SWIFT. Hangings in the court yard, Small time criminals whipped and left chained in the court yard for all to see, Steal and you have to work to repay Today criminals have a better life in our jails then millions of americans in poverty have. People wake up and get the thing under control. But Sheep just keep on following the Bell.

    • ranger09

      Dallas, I also have been there, And i can say i never broke the Oath But today the ave cost is 25,000 a year. And people just do not know much about History.One of the biggest problems we have today is our young are not punished for the crimes they commit, Lack of the justice system, Lack of the parents Lack of the churches, Lack of the schools, We have been turning our Country into a garbage pile for many, many years, And no one seems to care.Once the most respected Country in the World, Now im not sure how low we rank.


    NY needs guns to control the (four legged) rats of that toilet of a city…

  • BillT

    It’s amazing that a cop can just about kill anyone and all they have to say is “I was in fear of my life” but people in some states that truley are in fear of their life have their choice of be killed by the intruder or go to prison. From my point of view, that’s not much of a choice.

    • George Washington

      Then the time has come to put the FEAR OF THE PEOPLE in our police and make them understand that WE WILL COME AFTER THEM if they do NOT start lisenign to OUR DEMANDS!
      I have HAD IT with self righteous NAZIS assuming THEY are THE law, when they have NEVER been granted THAT role! THEY work ONLY FOR US, and it is time we MAKE THEM DO THEIR JOBS IN A MANNER WE FIND ACCEPTABLE, or GET RID OF THEM ALL FOR THE PROTECTION OF SOCIETY!!

      • ranger09

        George, The American people have done nothing since the 20s and 30s to protect the Constitution or our Country, We have become Sheep and let the politicians run any and every thing the way THEY want, And the American people just keep on following the Bell. Today being a politician gets you Rich and Power, Dems and Repugs ALL belong to the same Club, And this Club only works to benifit them and not the Public, So WE have let them make laws to protect themselves from ever being charged with any crimes they may commit, Just as ea incoming president pardons the out going president Pardon for any and all crimes commited while in Office. So welcome to America.

  • George Washington

    As soon as the people stand their ground and REFUSE to be assaukted by ANY court or NAZI POLICE, then the criminals will be in fear, until WE MAKE THESE ELECTED RETARDS understand that it is WE THE PEOPLE that are the ones in charge, and never the politician, NOTHING WILL CHANGE!
    REFUSE ANY COURT ORDERS and start forcing OUR officials to act with the Constitution, or facce TREASON CHARGES AND LIFE IN PRISON!

  • JCfromDC

    We all see how Florida’s “Stand Your Ground” law “worked.”

    • Layne

      It ‘s called “self defense or survival”. Yea, I realize it’s something you people in DC & NYC can’t do based on the people you vote in office. (nanny bloomberg & your idiot gov.) Just remember, when seconds count, the Police are minutes away.

  • ibcamn

    If he claimed that weapon was his,and said he paid for it but it was registered in a bodyguards name,that would cause all kinds of problems,for him and the bodyguard!holy crap on a popsicle stick!he better get a great lawyer and hope he can get it all straightened out.i feel for the guy,trust me,but if you can’t get one on your own in New York(with all their jerkoff laws)maybe have a livein bodyguard!
    As for the other guy,good thing he was on his property at the right time and didn’t walk in on the man(at the wrong time)and had a gun and a friend along(witness)and all the factors that support his claim.people need to check how the laws work in your home state.don’t get cought with your pants down,or it will hurt!the liberals are intentionaly making it more and more diffacult to protect yourself!they think we are too poor to own guns on our own,but we should vote for them!liberals are doing the back door deal,coming at you in your wallet!instating rediculas laws and regulations on the average joe to even get a gun(check on how one state says you have to spend huge amounts of time in travel and classes and fees to get a license)in one state you can only attend classes at one(1)police station in the entire state!!if the liberals can’t get your guns from you one way,they will get you in another,the wallet!
    Why do liberals want us dead or broke?!so they can control us!and if we keep coming at them they will go another route!…….
    They figure if they push enough,we will start a fight,thats what they really want!

    • George Washington

      Oh you can be damn certain they WILL get a fight if they push hard enough, and they better understand that the force they face will be a NATIONAL EFFORT also!
      Actually, in light of the way government is headed, I can’t wait for the balloon to go up!
      Just get a look at what absolute rebellion looks like, they will be powerless to stop us, they KNOW IT! This is why they are trying to circumvent the Constitution, hoping the SHEEP WILL LIE DOWN…HELL NO! Bring the fight to us, your problems will only grow in magnitude and scope, but on a NATIONAL LEVEL this time around!

      • ranger09

        George, There is not a lot of real Americans left in this Country,Not only do they Have all the Military and all the Police depts in the Country going againest you, they also have all those weapons and ammo they purchased to arm all the Blacks and Illegal Mexicans in this also go againest you. So the out come does not look very good for you.

      • ranger09

        What i just said could get me in trouble, Also George you cannot count on the Sheep coming to your side, And believe me there is one heck of a lot of them that will just keep on following the bell if that day ever came.

      • John Emerson

        George, they are going to keep pushing until they have backed us up so far that we have no choice but to fight. Ranger is right most of the sheep will just run and pretend they don’t know you. But I think there are still enough of us to get the job done. All the progressive leaders will run for their holes while their DHS stooges do the fighting. Our job will be to seal up those holes they have so they can never dig back out. I wonder who this NY rich guy voted for? I think thats called Karma…

  • Mike Austin

    Once the guys gets out of jail, he should nove his business to another state and make sure he personally give bloomberg the finger.

    • Mike Austin

      I hate it when I hit enter before proff reading almost as much as these sites with no edit capability….
      Once the businessman gets out of jail, he should move his business to another state and make sure he personally gives bloomberg and cuomo the finger.
      ahhh…that’s better

    • Vern Reising

      What really needs to happen, the laws of NY need to be changed, then everyone could give Bloomber the finger.

      This is where our Supreme Court should be speaking up! Where the hell are they?

      • Vicki

        Vern Reising writes:
        “This is where our Supreme Court should be speaking up! Where the hell are they?”

        They have to be invited.

    • ranger09

      Mike, No problem with this man going to jail, Right or Wrong, Rich people do not go to jail in New York.

      • Scott Bieser

        You’re right, although this rich man will likely be out more than $100k paying for his defense costs. A not-so-rich man who can’t afford that of course would end up in a worse situation.

  • go figure

    Too bad the guy,George made the mistake to call the 9-11. I called 9-11 once in my life and the call was ignored because the criminals were the cops.

    • Linda Ballard (@aztex2010)

      Seems like the “cops” in every community are the criminals and they “selectively enforce” everything on a whim.. With the Supreme Court opting to exempt cops for what ever because of any given “statement of probable cause” and they make up what ever serves their purposes and is the reason our cops now are in control of everything. No one is safe but no one cares until it happens to them.. and it will sooner rather than later We the People just do not have enough time any longer!! Freedom is never free and until people can push themselves away from the Super Bowl and/or Dancing with the Stars and take a chance to get involved when they are a witness to injustice whether it be civil or criminal the same organized criminals will continue to make their own laws on their whim.

  • James L Smith

    When did New York become exempt from the US Constitution, when the southern states tried that they declaired war on them.

    • Brent Lemaire

      When the democrats took over the state government.

  • John Collins

    the legal system is out for themselfs in most states,it dont matter who you vote for they put who they want in so its one lie vs another


    Unlicensed or not the man has a right to self defense and his home is his castle, if the intruder broke into his home with malice aforethought and was injured or killed committing a crime, the law is to be on his side, he is the victim not the criminal and any judge who cannot understand that constitutional right needs to be removed from the bench….

    • Carol J

      If it was registered to his bodyguard, then it was NOT unlicensed.

    • Vicki

      This is a job for Jury Nullification. (

      • John Emerson

        Vicki, jury nullification is the answer This is one avenue that we the people have to fight these socialist idiots that trash our rights. If you are lucky enough to be picked for jury duty and hear a case against a gun owner, its real simple, NOT GUILTY. The laws are illegal period…

  • mike burch

    I honestly don’t understand how a state in our country is allowed to flush part of the constitution down the toilet . The states need to adhere to what the constitution stands for ,all of them . If New York for example is allowed to get by with sort of subject , it sends out messages to other states who will take advantage of the same antics by example .

  • SH

    It’s the people’s fault because they fell for the biggest lie that can ever be told in history which is “I’m from the government and I’m here go help”. This is what happens when you believe it. GROW UP, take responsibility

  • Richard

    First off be is probably a Bloomberg cuomo supporter. So he deserves what he gets. And Michigan is an obama state so they’ll be coming for you guys. I wish everybody would stop telling these liberal retards to leave and move. When they do they will bring their liberal Marxist ways with them. Let them stay where they are and they rest of us real Americans will be better off.

    • Dennis48e

      ” I wish everybody would stop telling these liberal retards to leave and move. ”

      Richard when that suggestion is made it is usually telling them they should move from the US to a country whose views are more in line with what they promote.

  • marlene vasecka

    Yes, and read about what is happening in Colorado.
    2nd amendment people! Self defense is a human right!

  • ibcamn

    Well with fienstien doing the”i’m a fairly educated woman”bit,i’m thinking she is going off of a ruling in a court about a gun law,and then proceeding forward from that i think she knows all this is unconstitutional,but doesnt care.i think obama put her in charge of getting the progressive foot in the door!that’s all.she acts like a pitbull(looks like one too)after a dangling rope from a tree!I believe that she is solely after the copanies that make extra’s for weapons,to close them down.I was checking and there are alot of shops and small buisnesses that make just grips,buts(stocks) fore grips and rail systems and open sights light systems and bi-pods and tri-pods and muzzle flash supressors,and thats it!!they would be out of buisness overnight!big companies that have extended their company to make the same things would have to layoff people and close up those shops!some companies make just ammo and ammo accesories,they would be effected by the ammo taxes or restrictions!the new laws and regulations would couse so much trouble and burdon for these places!i think that is what she is after!!at least entertain the idea!check into it!

  • http://Stephens Chris

    it sad when the government pays people to go around and state there views in the chats as professional people to make people think there way. Sad very sad

  • Stormy

    If the Alabama homeowner was unarmed how did he shoot the intruder?

  • Stormy

    If the Alabama homeowner was unarmed how did he shoot the intruder???


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