Re: Digging around in the sock drawer

On Fri, 05 Dec 2008 00:27:45 -0500, "Reginald P. Smithers III, Esq."
<lantaga@xxxxxxxxx> wrote:

Boater wrote:
Reginald P. Smithers III, Esq. wrote:
Eisboch wrote:
"hk" <payer33859@xxxxxxxxxxx> wrote in message
news:49386059$1@xxxxxxxxxxxxxxxxxxxxxxxxxx
UglyDan®©? wrote:
(Eisboch) <wrote> I don't know about all states, but here in MA
there are apparently
different rules regarding the use of deadly force in the event of a
home
break-in. I understand that if the break-in occurs at night, deadly
force is justified in the eyes of the courts, but if it occurs during
daylight hours, there are no guarantees that the home owner will be
held
harmless or not charged with something. Eisboch

It could be a problem for anyone in MA that works swngshift.
Good night, Sleep tight. UD
In Maryland, there is case law indicating duty to retreat does not
apply when attacked in one's home. Other exceptions to duty to
retreat are being the victim of a robbery, situations where the
imminent peril of attack makes retreat impossible or retreat would
not remove the danger.

Ergo, if some drooler breaks into my house at night, I have no duty
to retreat. I'll simply shoot the sucker.

Massachusetts:

PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGSIN CRIMINAL CASES

TITLE II. PROCEEDINGS IN CRIMINAL CASES

CHAPTER 278. TRIALS AND PROCEEDINGS BEFORE JUDGMENT

Chapter 278: Section 8A. Killing or injuring a person unlawfully in
a dwelling; defense

Section 8A. In the prosecution of a person who is an occupant of a
dwelling charged with killing or injuring one who was unlawfully in
said dwelling, it shall be a defense that the occupant was in his
dwelling at the time of the offense and that he acted in the
reasonable belief that the person unlawfully in said dwelling was
about to inflict great bodily injury or death upon said occupant or
upon another person lawfully in said dwelling, and that said
occupant used reasonable means to defend himself or such other
person lawfully in said dwelling. There shall be no duty on said
occupant to retreat from such person unlawfully in said dwelling.



About the same in Massachusetts as in Maryland in terms of effect.
If someone breaks into your house in Massachusetts, you can shoot him.


Unfortunately I cannot cite the reference, but there was a talk radio
program out of Boston last week discussing this issue. Apparently it
is not as clear cut as Section 8A implies (which was the basis of the
discussion). According to the MA attorney general, who was a guest on
the show, the court system treats a daytime break in differently than
one occuring at night.

Eisboch


If the DA believes unreasonable force was used by the homeowner, and
if it goes to court with a jury, the jury will decide if the gun owner
acting in a reasonable manner. Just because someone is in your house
and you shot him, does not necessarily mean the occupant used
reasonable means to defend himself.


Oh...what would you do with an intruder in your house who was
threatening you? Call Eisboch for a consult? :>)

Well, if he came in while I was sleeping, since I don't have a gun, a
baseball bat, or a tasar I guess I would have to sucker punch him. Now
if he came in while I was in the kitchen, I could (to steal a scene from
cartoons) hit him with a cast iron skillet. I have never had someone
break into my home. I only lock my doors when I go to bed, the rest of
them time, they are unlock. I just don't worry about it, but loud dogs
make my home a less friendly target and the bad guys away.

I never worry about someone threatening me, or robbing me on the street.
I figure I don't look like a good victim.

When I am downtown, I have had some mentally ill people come up to me in
a threatening manner asking for money, but I must relate to them or they
think I am one of them, because they always calm down quickly. Caesar
Chavez believes if people exude quite confidence and the attitude of the
alpha dog, animals will calm down. That might be why woman cops can
successful arrest a much stronger man.

So far, I am batting 1000 and don't worry about intruders, robbers or
physical violence.

It worries me that you'll go downtown where those folks are, not carrying a
couple Glocks and maybe a shotgun. You should get yourself licensed to
carry in three or four states and load up. I'd think you could handle a few
pistols, a shotgun, a large tripod, and your camera without too much
problem.
--
John H

*Have a Super Christmas and a Spectacular New Year!*
.

Relevant Pages

  • Re: Digging around in the sock drawer
    ... Other exceptions to duty to retreat are being the victim of a robbery, situations where the imminent peril of attack makes retreat impossible or retreat would not remove the danger. ... Ergo, if some drooler breaks into my house at night, I have no duty to retreat. ... In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling. ...
    (rec.boats)
  • Re: Digging around in the sock drawer
    ... Other exceptions to duty to retreat are being the victim of a robbery, situations where the imminent peril of attack makes retreat impossible or retreat would not remove the danger. ... Ergo, if some drooler breaks into my house at night, I have no duty to retreat. ... In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling. ...
    (rec.boats)
  • Re: Digging around in the sock drawer
    ... Eisboch wrote: ... Other exceptions to duty to retreat are being the victim of a robbery, situations where the imminent peril of attack makes retreat impossible or retreat would not remove the danger. ... In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling. ...
    (rec.boats)
  • Re: Digging around in the sock drawer
    ... there is case law indicating duty to retreat does not apply ... dwelling charged with killing or injuring one who was unlawfully in said ... it shall be a defense that the occupant was in his dwelling at ...
    (rec.boats)
  • Re: The End of Konac
    ... of "dwelling place", originally "a dwelling place surrounded by walls ... small house, roof/; cf. Turkmen tam house; Russ. ... St.Sava Serbian is here to help you: ... appeared in Slavic languages where say Russian "nachalo" is from Old ...
    (sci.lang)