State by State Laws ???

State by State Laws ???

This is a discussion on State by State Laws ??? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I live in Mass. and was wondering after reading all these great stories of self-defense in the home from people breaking in or home invasions, ...

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Thread: State by State Laws ???

  1. #1
    Member Array thug23's Avatar
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    State by State Laws ???

    I live in Mass. and was wondering after reading all these great stories of self-defense in the home from people breaking in or home invasions, what is our law here if I shoot and kill a suspect who enters my home. I'm sure all states are different as some don't see it the same as others.


  2. #2
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    Call 911 and report the shooting...
    Call Waste Pro to remove the garbage...
    Call Stanley Steamer to clean the carpet...

    Say nothing without a lawyer present...be polite, but use your rights and common sense...let the lawyer work it out!

    Stay armed..."I feared for my life; I shot to stop the threat!"..."My lawyer will fill in the rest..."...Stay safe!
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  3. #3
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    I'm sure some of our members from Massachusetts will eventually chime in here, but in the meantime, you may want to check with handgunlaw.us or your State attorney General's website for specific information about your state.
    Bumper
    Coimhéad fearg fhear na foighde; Beware the anger of a patient man.

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    Member Array Ridgerunner665's Avatar
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    I wish I could help...I'm familiar with several states to the letter but MA isn't one of them. I'm a truck driver but I don't go Northeast...too much traffic.

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    Mass. Code:
    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.

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    Distinguished Member Array LenS's Avatar
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    As a MA resident who is rather knowledgeable of MGLs wrt firearms:

    The quoted law needs to be read VERY CAREFULLY as the situation here is "not pretty".

    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
    What the above means in practical terms is that with approx 90% certainty, you WILL be arrested and charged with Murder or some variation thereof, offered a plea bargain . . . which if you refuse, YOU get to mount an expensive defense of your actions claiming that the MGL and above quoted section applies in your case.

    After you win, if you do (blind justice is a crap shoot here in MA), you will forever have an arrest record to explain (MA does not ever expunge an arrest, even if mistaken identity), lose your LTC for life (also 90% certainty) and forever be barred from defending yourself effectively.

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    Ex Member Array ibez's Avatar
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    Only thing you have a right to in Massa-chusetts is, You Have To Pay Taxes in Massachusetts so the Governor can afford new curtains in the State House

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    VIP Member Array stormbringerr's Avatar
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    Quote Originally Posted by LenS View Post
    As a MA resident who is rather knowledgeable of MGLs wrt firearms:

    The quoted law needs to be read VERY CAREFULLY as the situation here is "not pretty".



    What the above means in practical terms is that with approx 90% certainty, you WILL be arrested and charged with Murder or some variation thereof, offered a plea bargain . . . which if you refuse, YOU get to mount an expensive defense of your actions claiming that the MGL and above quoted section applies in your case.



    After you win, if you do (blind justice is a crap shoot here in MA), you will forever have an arrest record to explain (MA does not ever expunge an arrest, even if mistaken identity), lose your LTC for life (also 90% certainty) and forever be barred from defending yourself effectively.
    sounds like MASS. has a long way to go on their personal defense laws.
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    VIP Member Array friesepferd's Avatar
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    if someone were to break into my house i dont think it would matter much
    protect yourself, call 911, shut your mouth, talk to your lawyer

  10. #10
    Ex Member Array ibez's Avatar
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    Only thing self defense in Massachusetts law gives you, is the opportunity to stay alive

    but you may have to spend some time in jail after for protecting yourself .

    .
    Last edited by ibez; December 26th, 2007 at 07:33 PM. Reason: corrected thinK to thinG

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    VIP Member Array Supertac45's Avatar
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    I'd check out all the appliable state laws on the A.G. website.
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  12. #12
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    What do you expect. Isn't that home of Mr Chappaquiddick?

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    Sounds to me like you need to have a backup plan.

    Priority Number One...SURVIVE.

    Priority Number Two....when its all said and done,the smoke has cleared, the laywers are paid off,the walls are repainted and the carpet has been changed out...MOVE to a state that spends more time and effort prosecuting thugs than homeowners trying to defend themselves...
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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    Member Array Ford Truck's Avatar
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    Quote Originally Posted by kentuckycarry View Post
    What do you expect. Isn't that home of Mr Chappaquiddick?

    Yeah, defend yourself, your family & your home with a waterlogged '68 Oldsmobile & you'll be alright.

  15. #15
    Senior Member Array Freedom Doc's Avatar
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    It is hard to believe that MA is where our revolution started in 1775 (Lexington & Concord). And over the British doing some gun-grabbing at that! I wonder what the government schools in MA teach the young ones about this. (Note: I have a good idea but I would like to know just how they cover this up).
    Anti-gunners seem to believe that if we just pass enough laws, we can have utopia. Unfortunately, utopia is NOT one of our choices.

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