Sued for Self-Defense? The Slingshot Hero Case and Why New York’s Broken Self-Defense Laws Matter for Every Gun Owner

on July 28, 2025

Sued for Saving a Life? What the Slingshot Hero’s Story Reveals About Self-Defense Law and Insurance in New York

By NY Safe Inc. | Explore New York self-defense resources

Imagine This: You Save a Loved One—And Get Sued
The True Story: Owen Burns, a Slingshot, and a Lawsuit
New York Self-Defense Law: Hero Today, Defendant Tomorrow
Civil Lawsuits After Self-Defense in New York
Self-Defense Insurance in NY: Why the State Banned It
Prepaid Legal Services: The Only Alternative for NY Defenders
Parental and Minor Liability: If Your Child Defends Themselves in NY
What Should Every NY Gun Owner and Parent Do?
NY vs. The Rest of America: Why Are We Left Unprotected?
The Real Costs: What Does a Civil Suit Cost NY Defenders?
FAQ: New York Self-Defense, Lawsuits, and Insurance
Real-World Self-Defense in NY: Stories & Data
Related Articles and Further Reading

Watch: 13-Year-Old Uses Slingshot to Save Sister From Kidnapper (ABC News)

The True Story: Owen Burns, a Slingshot, and a Lawsuit

May 2023, Michigan: 13-year-old Owen Burns was playing video games when he heard his sister’s screams outside. Glancing out the window, he saw a masked stranger dragging his 8-year-old sibling toward the woods.

With no time for police, Owen did what he’d learned from countless hours in the backyard—he grabbed his slingshot, loaded a marble, aimed, and fired. The kidnapper, struck in the head and chest, stumbled and released the girl. She ran, Owen reloaded, and the attacker fled, later arrested with welts and bruises from Owen’s quick thinking. (The Guardian: Michigan boy saved sister from kidnapping)

Owen was called a hero by the press, law enforcement, and everyday Americans. But weeks later, the family was stunned by a civil lawsuit from the attacker’s family. The claim? Owen’s defensive shots caused medical injuries and “pain and suffering.” Suddenly, the young hero and his parents faced the terrifying reality familiar to many gun owners: doing the right thing is no protection from legal and financial attacks.

Heroic sibling saves sister from kidnapper with slingshot

A heroic sibling act—but the real battle had just begun.

New York Self-Defense Law: Hero Today, Defendant Tomorrow

Here in New York, stories like Owen’s should make you pause. Our self-defense laws are among the strictest in America. Knowing your rights—and your risks—isn’t just smart; it’s essential.

Key NY self-defense law facts:

You can use force in self-defense (or defense of others) when you reasonably believe it’s necessary. NY Penal Law Article 35 governs all use of force in New York.
But you must retreat if safe to do so, except in your own home (“castle doctrine” – see Castle Doctrine in NY).
Deadly force (firearms, knives, potentially even hard blows to the head) is only justified if you are facing imminent danger of death, serious injury, kidnapping, or a sex crime.
If you go too far or fail to retreat when required, you can be criminally prosecuted—even if you were the victim.

Video: NY Self-Defense Law Explained (Attorney Commentary) – Understand when you can use force and when you can’t.

For a detailed, plain-English breakdown of what’s allowed (and what’s not), see our guide: When Can You Use Force in NY? What Pistol License Holders Must Know.

Civil Lawsuits After Self-Defense in New York

The criminal side is tough enough—but the civil side is brutal. You could be 100% justified in defending yourself, your family, or your home—and still be sued by your attacker (or their family, or their insurance company).

Common civil claims after self-defense in NY:

Assault and battery
“Negligent” or “excessive” use of force
Wrongful death (if the attacker dies or is seriously injured)
Emotional distress
Property damage (even if you were defending yourself!)

Even if the DA drops charges, you’ll still be dragged through the civil courts—and New York has no cap on damages or legal fees. Read more: Home Invasion Defense: Concealed Carry Saves Lives.

Civil lawsuits after self-defense in New York

Even heroes can end up in court. Civil lawsuits are a real risk after self-defense in New York.

Criminal vs. Civil: Two Battles, Two Standards

– Criminal court: The government must prove guilt “beyond a reasonable doubt.”
– Civil court: The plaintiff only needs to show it’s “more likely than not” that you’re responsible.
– You can win in one and lose in the other. Think of the O.J. Simpson case—a criminal acquittal, but a devastating civil judgment.

Self-Defense Insurance in NY: Why the State Banned It

Across the US, responsible gun owners (and anyone worried about civil lawsuits after self-defense) can purchase self-defense insurance—like USCCA or NRA Carry Guard. These policies cover your legal fees, civil damages, bail, and more.

But New York banned these plans in 2018, labeling them “murder insurance.” Both USCCA and the NRA stopped offering coverage to NY residents under threat of massive fines and lawsuits from the state’s Department of Financial Services (see the official DFS press release).

Why does this matter? Because you are 100% accountable for the force you use—but in NY, you can’t buy insurance to protect yourself, unlike with car or homeowners insurance. No other major state has such a sweeping ban.

Read the law: NY Penal Law 265
Official NY Gun Safety Page

Want a detailed review of your carry and insurance rights? Check out The Ultimate NY Firearms Carry & Gun Law Resource Library.

Infographic: Why New Yorkers can’t buy the insurance most gun owners can. Alt: self-defense insurance ban in NY.

Prepaid Legal Services: The Only Alternative for NY Defenders

Since insurance is banned, the only legal protection option left for New Yorkers is a prepaid legal membership. These are NOT insurance—they’re contracts with law firms or networks, like NY Tac Defense, that promise you access to criminal and civil defense lawyers if you need them after a defensive incident.

Learn more: NY Tac Defense: Prepaid Legal for Self-Defense

These plans offer peace of mind, but they have limitations—coverage caps, deductibles, and provider restrictions. Make sure you read the fine print, and keep their emergency contact number programmed in your phone.

Parental and Minor Liability: If Your Child Defends Themselves in NY

If you think only adults are at risk, think again. In NY, if your child uses force—even to save a life like Owen Burns—you, the parent, could face “negligent supervision” lawsuits or be added to any civil claim. There is no strict cap on damages for minors or parents. Learn more about child and parent liability in New York.

What Should Every NY Gun Owner and Parent Do?

Be proactive. Self-defense doesn’t end with the last shot fired—it’s a legal marathon. Here’s your plan:

Master NY Self-Defense Law: Bookmark the NYS Gun Law Resource Library and read up on Penal Law Article 35.
Take Certified Training: Complete the New York 18-Hour Firearms Safety Course and keep every certificate and manual as evidence of your responsibility.
Get Prepaid Legal Coverage: Sign up for NY Tac Defense or a similar service—and verify what’s covered (criminal, civil, appeals, expert witnesses, etc).
Document Every Incident: If you ever use force, call 911, say only the basics, demand a lawyer, and document everything (photos, videos, witness names).
Stay Connected: Support organizations that lobby for your rights and offer timely legal updates: NYSRPA, GOA, SAF, and NRA.

Find a full list of guides: NY Safe Class and Event Calendar

New York family firearms safety training

Family firearms safety training: One of the best protections you have.

NY vs. The Rest of America: Why Are We Left Unprotected?

Let’s be blunt: New York is an outlier. In most states, if you use force in justified self-defense:

You’re unlikely to be prosecuted if your actions are reasonable and legal.
You can buy insurance to cover civil or criminal legal costs.
Courts are less friendly to frivolous lawsuits from criminals.

But in New York:

Prosecution is more likely, even for “gray area” cases.
Insurance is banned—even organizations are forbidden from offering memberships.
Courts often allow even outrageous lawsuits to proceed, costing you years and thousands in legal fees.

For deeper analysis and comparison: Denied by ZIP Code: The Reality of NY’s Broken Gun Laws

Want to see how these laws have changed over time? The Real Meaning of the Second Amendment: History, Myths & Why It Still Matters

Video: Defensive gun use stories and the legal aftermath – how the law turns on defenders.

The Real Costs: What Does a Civil Suit Cost NY Defenders?

Here’s the financial reality:

Attorney retainer: $5,000 – $25,000 (just to get started)
Full criminal trial: $30,000 – $150,000+
Civil suit defense: $10,000 – $200,000+ (especially if there are appeals or large claims)
Bail, expert witnesses, investigators: Thousands more

If you lose (or even settle), you could face six-figure judgments—on top of your defense bills.

No insurance. No reimbursement. No mercy. That’s why responsible NY gun owners must have a plan—not just for the shooting, but for the legal fight that follows.

For more, read: NY Concealed Carry Laws: What You Need to Know

Attorney costs after self-defense incident in New York

Chart: Typical attorney costs after a self-defense incident in NY (data for illustration only).

FAQ: New York Self-Defense, Lawsuits, and Insurance

Can I be sued for defending myself in NY? Yes. Even if you are 100% justified, you can be sued by your attacker or their family for injuries, emotional distress, or wrongful death.
Is self-defense insurance legal in New York? No. It is explicitly banned. USCCA, NRA Carry Guard, and similar plans are not available to NY residents.
What are prepaid legal plans? These are not insurance, but can help pay for some or all of your criminal/civil defense. See NY Tac Defense for details.
What should I say to police after a self-defense event? Call 911, state that you were attacked or forced to defend yourself, request EMS and law enforcement, then say: “I want to cooperate, but I need my attorney present before answering further questions.”
Where can I find more resources? Visit our Ultimate NY Firearms Carry & Gun Law Library

Real-World Self-Defense in NY: Stories & Data

New York has a long, sometimes tragic history of ordinary citizens being turned into defendants for using reasonable force. Here are just a few:

Home Invasion Defense: Concealed Carry Saves Lives — A NY homeowner shoots an intruder, faces years of court battles and crippling costs, even after being cleared.
Manchester Concealed Carrier Stops Attack — A carrier stops a violent robbery, but ends up in civil court anyway.
Clergy Under Fire: A Deep Dive Into the Shocking Armed Carjacking in Baltimore

And for national data, check out the Crime Prevention Research Center’s defensive gun use data.