Can You Sue Someone for Pulling a Gun on You in NY?

You can file a civil lawsuit for assault and battery under New York common law. Civil assault covers the intentional act of placing you in reasonable fear of imminent physical harm — pointing a firearm qualifies even if it was never fired. If the gun was discharged or you were touched, battery applies as well. You may also have claims for intentional infliction of emotional distress if the conduct was extreme and outrageous.

No. A civil lawsuit and a criminal prosecution are entirely separate proceedings in New York. You can file your civil claim at any time within the statute of limitations regardless of whether the district attorney has charged the person, whether charges were dropped, or whether the perpetrator was acquitted. A criminal conviction can strengthen your civil case, but it is not required.

New York treats civil assault and battery differently from ordinary negligence claims: under CPLR §215(3), you have only one year from the date of the incident to sue — not the standard three-year window that applies to most personal injury cases. This shorter deadline is one of the most commonly missed in New York personal injury law, so don't wait to speak with an attorney. One exception: if a criminal case was filed against the person for the same incident, CPLR §215(8) may give you up to one year after that criminal case ends to file your civil claim. If the incident involved a government employee or municipal entity, a Notice of Claim must still be filed within 90 days regardless of which deadline applies.

You may be entitled to compensation for medical treatment (including psychiatric care for trauma and PTSD), lost wages if the incident affected your ability to work, and pain and suffering. New York courts also permit punitive damages in intentional tort cases where the defendant’s conduct was especially reckless or malicious — brandishing a firearm at someone often meets that standard.