MD Home Defense Laws?

Dal1as · Oct 25, 2010

If someone is in my house I am in fear of my families life. In my house I would be forced to confront because of where my 5 year old son's bedroom is located.

Also, I am curious about the shooting in the back thing. What happens if let's say someone invades my home when I am in the basement and is running up the stairs where my sons bedroom is located. I am in fear of my sons life and safety... Can I shoot them in the back?

Boondock Saint · Oct 25, 2010

Dal1as said:
If someone is in my house I am in fear of my families life. In my house I would be forced to confront because of where my 5 year old son's bedroom is located.

Also, I am curious about the shooting in the back thing. What happens if let's say someone invades my home when I am in the basement and is running up the stairs where my sons bedroom is located. I am in fear of my sons life and safety... Can I shoot them in the back?

Theoretically, yes: http://en.wikipedia.org/wiki/Right_of_self-defense_in_Maryland#Defense_of_Others_.28MPJI-Cr_5:01.29

Obviously, if it went to a jury, the prosecution would have a field day with a defendant who shot someone in the back.

jonnyl · Oct 25, 2010

regardless of how many rounds you put in your mag, I'd say if you want more than a mag full, then get another mag. Emptying a magazine in my house, and needing more would be the last time I'd want to be trying to load loose rounds into a mag and get up and running again!

faze · Oct 25, 2010

Dal1as said:
If someone is in my house I am in fear of my families life. In my house I would be forced to confront because of where my 5 year old son's bedroom is located.

Also, I am curious about the shooting in the back thing. What happens if let's say someone invades my home when I am in the basement and is running up the stairs where my sons bedroom is located. I am in fear of my sons life and safety... Can I shoot them in the back?

If you can prove to a jury that he was running up the stairs, I'm sure they would show sympathy. But there's no official home defense law other than fearing for your life, or others' lives.

Dal1as · Oct 25, 2010

faze said:
If you can prove to a jury that he was running up the stairs, I'm sure they would show sympathy. But there's no official home defense law other than fearing for your life, or others' lives.

...and that is seriously effed up. A person shouldn't have to second guess themselves.

travistheone · Oct 25, 2010

SeARCH FEATURE.

hairba111 · Oct 25, 2010

I keep two of my 1911s cocked and locked next to my bed. Both with full ten round mags plus one in the chamber. If someone breaks into my home they get to see a fireworks show before they take a dirt nap.

faze · Oct 26, 2010

Dal1as said:
...and that is seriously effed up. A person shouldn't have to second guess themselves.

Preachin' to the choir man. But unfortunately that's the northeast USA (Minus PA). Be lucky you're not in New England where you have a civic duty to flee your home if its broken into, according to the law. That comes from the ***** British laws that have stuck around for ages.

Blaster229 · Oct 31, 2010

Someone running up the stairs from a basement could mean they wanted to run out of the house. No chance
Now from first floor to the actual upstairs there might be some credibility.

El_flasko · Oct 31, 2010

hairba111 said:
I keep two of my 1911s cocked and locked next to my bed. Both with full ten round mags plus one in the chamber. If someone breaks into my home they get to see a fireworks show before they take a dirt nap.

tigmaned · Oct 31, 2010

protection first, worry about the law later!!!
rem 870, just point in a direction!!

travistheone · Oct 31, 2010

tigmaned said:
protection first, worry about the law later!!!
rem 870, just point in a direction!!

And get shot after you give away your position by poorly placing the ONE shot that could have saved your life.

tigmaned · Nov 1, 2010

travistheone said:
And get shot after you give away your position by poorly placing the ONE shot that could have saved your life.

i don't think so!

faze · Nov 1, 2010

tigmaned said:
i don't think so!

Well since you're the expert marksman, go ahead and empty your magazine, and see what happens, Mr. Hollywood. Gonna shoot it sideways too? :lol2:

travistheone · Nov 1, 2010

tigmaned said:
i don't think so!

Pointing and shooting a shotgun is very similar to point and shooting any other weapon. Using high quality buckshot, you will have a pattern smaller then 6 inches at "social" distances.

faze · Nov 1, 2010

travistheone said:
Pointing and shooting a shotgun is very similar to point and shooting any other weapon. Using high quality buckshot, you will have a pattern smaller then 6 inches at "social" distances.

Let him think what he wants, I bet he thinks he can be accurate unloading a machine gun magazine as well.

64Post · Nov 2, 2010

Blaster229 said:
Someone running up the stairs from a basement could mean they wanted to run out of the house. No chance
Now from first floor to the actual upstairs there might be some credibility.

I thought of that too and tend to agree.

LawAnomaly · Nov 2, 2010

faze said:
Well if someone kicks my door in, I'm going to be afraid of my life, and my wife's. There's my justification.

My handgun is a WW2 era Yugo Tokarev, 7.62x25mm. No plastic there.

If you shoot in a situation like that shoot to kill, say it was dark and you though you saw a weapon, you told them to get out, they came toward you. It is your word against a dead body, dead bodies cannot claim they were not threatening at all. Just my opinion and what I would do in that situation

Dal1as · Nov 2, 2010

Blaster229 said:
Someone running up the stairs from a basement could mean they wanted to run out of the house. No chance
Now from first floor to the actual upstairs there might be some credibility.

Depends on the residence. My house is a split foyer with a reinforced steel door with a keylocked deadbolt. The perp would not be able to get out of the house there but have to continue upstairs where my family would be. Hence I would shoot them in the back. Their lives are in danger the minute he steps foot on the stairs.

Lex Armarum · Nov 2, 2010

Rusty Shackleford said:
As stated in other threads and numerous times:

When in your home you do not have to retreat. The only thing required of a home owner to defend himself and his family INSIDE his home is a REASONABLE FEAR of imminent death OR serious bodily injury. If you do shoot an intruder, call 911, don't talk to the police until your lawyer arrives. You have 5th Amendment rights, use them.

I am a lawyer. This is not legal advice. You have to pay me for that.

See above. I also posted a case on here that sets forth the current legal standard in Maryland for self-defense in the home (a.k.a "castle doctrine"), search for it.

MD Home Defense Laws?

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