Castle doctrine in Md question

This is a discussion on Castle doctrine in Md question within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; I use taps talk and I searched with no success so here is my question: Does the castle doctrine only apply to the residence you ...

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Thread: Castle doctrine in Md question

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    Member Array Diggy22's Avatar
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    Castle doctrine in Md question

    I use taps talk and I searched with no success so here is my question:

    Does the castle doctrine only apply to the residence you are listed with. I ask because I spend nights at my mother in laws house with my wife and was wondering if I am legally allowed to have my handgun in my wife's old room here? I always wonder if there was a home invasion if I would be legally allowed to have my weapon and under the castle doctrine be allowed to fire upon a BG

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    It appears that you have the right to defend your Mother In Law's home, when there, if doing so by not committing a felony yourself (for example, your posession of the weapon is legal).

    Crawford v. State, 231 Md. 354, 361, 190 A.2d 538, 541 (1963)

    "* * * A man is not bound to retreat from his house. He may stand his ground there and kill an[y] person who attempts to commit a felony therein, or who attempts to enter by force for the purpose of committing a felony, or of inflicting great bodily harm upon an inmate. In such a case the owner or any member of the family, or even a lodger in the house, may meet the intruder at the threshold, and prevent him from entering by any means rendered necessary by the exigency, even to the taking of his life, and the homicide will be justifiable."


    A person does not have to be the owner of the home or the head of the household in order to be able to invoke the "Castle Doctrine." Instead, "any member of the household, whether or not he or she has a proprietary or leasehold interest in the property, is within its ambit . . . ." Barton, 46 Md. App. at 619-20, 420 A.2d at 1011.

    Right of self-defense in Maryland - Wikipedia, the free encyclopedia

    This new law will provide civil immunity for a person defending their dwelling or place of business. This immunity provides that the person is not liable for damages for a personal injury or death of an individual when protecting yourself in your home. Maryland added the proviso that the doctrine only applies as long as the persons defending them selves are not convicted of a crime related to the act for which the immunity is being sought.

    MARYLAND GOVERNOR SIGNS “CASTLE DOCTRINE” BILL | Delegate Smigiel's Official Blog

    Oh, and welcome to the Forum.
    Last edited by ANGLICO; November 25th, 2012 at 02:51 AM. Reason: Welcome to the Forum
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    Distinguished Member Array lchamp's Avatar
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    great response, Anglico...and Diggy, welcome to the forum!

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    Castle doctrine in Md question

    Thanks for the great response that eases my mind some and makes me feel better i was worried that even though I legally own a handgun that I wouldn't be allowed to use it in someone else's home. But thanks for clearing it up

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    Quote Originally Posted by Diggy22 View Post
    Thanks for the great response that eases my mind some and makes me feel better i was worried that even though I legally own a handgun that I wouldn't be allowed to use it in someone else's home. But thanks for clearing it up
    Diggy, Since you are in MD I'd also recommend joining Maryland Shooters since it's about the best for shooters in the State.
    Rick

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