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, ...
December 16th, 2007 12:30 AM
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.
December 16th, 2007 01:46 AM
December 16th, 2007 02:46 AM
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.
Coimhéad fearg fhear na foighde; Beware the anger of a patient man.
December 16th, 2007 03:27 AM
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.
December 16th, 2007 10:00 AM
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.
December 16th, 2007 12:27 PM
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.
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
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.
December 16th, 2007 01:58 PM
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
December 16th, 2007 03:18 PM
sounds like MASS. has a long way to go on their personal defense laws.
Originally Posted by LenS
Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.”
― Thomas Paine
December 16th, 2007 05:23 PM
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
December 26th, 2007 05:56 PM
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
December 26th, 2007 06:02 PM
I'd check out all the appliable state laws on the A.G. website.
Les Baer 45
N.R.A. Patron Life Member
December 26th, 2007 07:23 PM
What do you expect. Isn't that home of Mr Chappaquiddick?
December 26th, 2007 07:50 PM
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...
hecks...the next step towards registration and confiscation.
AR. CHL Instr. 07/02 FFL
Like custom guns and stuff? Check this out...
December 27th, 2007 02:07 PM
Originally Posted by kentuckycarry
Yeah, defend yourself, your family & your home with a waterlogged '68 Oldsmobile & you'll be alright.
December 27th, 2007 06:47 PM
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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