A question for the lawyers here

Dan_Br · Jun 29, 2014

I read on the Modern Service Weapons forum that Maryland is a State with statutory provision which bar civil recovery for damages against a user of reasonable or lawful force. Is that true and how reliable does anyone think it is?
thanks
Dan

http://modernserviceweapons.com/?p=9312

jkeiler · Jun 29, 2014

Dan_Br said:
I read on the Modern Service Weapons forum that Maryland is a State with statutory provision which bar civil recovery for damages against a user of reasonable or lawful force. Is that true and how reliable does anyone think it is?
thanks
Dan

http://modernserviceweapons.com/?p=9312

About as reliable as the Castle Doctrine is in this State, which is to say reasonable means very, very, very, very--well you get the point...

Dan_Br · Jun 30, 2014

jkeiler said:
About as reliable as the Castle Doctrine is in this State, which is to say reasonable means very, very, very, very--well you get the point...

That's what I was afraid of
Thanks
Dan

Pinecone · Jun 30, 2014

The difference is, Castle Doctrine in MD is via Common Law and court rulings. There is no law, passed by the legislature and signed by the Governor.

Immunity for civil liability is written into the law 5-808. Passed by the legislature and signed into law.

http://en.wikipedia.org/wiki/Right_of_self-defense_in_Maryland

MDFF2008 · Jun 30, 2014

There hasn't been a test case yet, but civil liability protection looks pretty strong unless you bind and torture the invader.

G O B · Jun 30, 2014

Many years ago a PG Police Sgt. gave me the best advice ever.
"Now son, if you HAVE to shoot an intruder, make sure that MOST of him is inside the house, and if there is no weapon visible on him go to the kitchen, find a knife that does not match any thing else, wipe it clean and put it in his hand."....."You do your part son, and we will do ours."

jkeiler · Jun 30, 2014

Pinecone said:
The difference is, Castle Doctrine in MD is via Common Law and court rulings. There is no law, passed by the legislature and signed by the Governor.

Immunity for civil liability is written into the law 5-808. Passed by the legislature and signed into law.

http://en.wikipedia.org/wiki/Right_of_self-defense_in_Maryland

Technical difference, but doesn't change the legal question, which is determining what is "reasonable" whether statutory or by common law. And in this State "reasonable" means extremely reasonable.

CharlieFoxtrot · Jun 30, 2014

Its true. Its also quite strong. Bottom line is if the shoot is legal from a criminal law perspective then you will be immune from civil liability. Also not only are you immune but if you are sued and found to be immune you can recover attorney's fees and costs in defending yourself against a civil suit.
I am not aware of any case where this has been raised though.

Dan_Br · Jul 3, 2014

thanks to all for the clarification
Dan

t_stalcup · Jul 3, 2014

Can someone tell me what year did MD law start requiring handgun sales to go through FFL? In other words when was it still okay to do face to face sales on regulated firearms?

Pinecone · Jul 4, 2014

October 1996

t_stalcup · Jul 4, 2014

Pinecone said:
October 1996

Thank you. I had a visit from MSP the other morning and a handgun that I sold a good friend in 94 showed up in Baltimore in the hands of a convicted felon. It had been stolen from my buddy in 95. I was just wondering if I had something to worry about. Thanks again.

A question for the lawyers here

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