this is what the case will hinge on if a prosecution occurs.
Defensive gun use in Halethorpe
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Kman
Blah, blah, blah
This pitiful excuse for a state is even worse than I thought if there is an expectation to cower like sheep while your property is destroyed or stolen.
The victim obviously did not go outside to shoot, but to stop the theft and destruction.
Thief could have easily surrendered or left. He made the choice to attack. He f***ed up and lost.
The victim obviously did not go outside to shoot, but to stop the theft and destruction.
Thief could have easily surrendered or left. He made the choice to attack. He f***ed up and lost.
cryptoman
Active Member
- Dec 27, 2011
- 174
I think this is not going to be a cut and dry case of self defense. In Maryland if you are outside your house (a car is not considered an extension of your home) you have a duty "to retreat or avoid danger if such means were within your power and consistent with your safety." Inside the home is a different story; all you need is a reasonable belief that you or your family's life is in danger. I believe it is common law that deadly force is not permitted to protect your property, only your life. In addition, the accused claiming the right of self defense must not have been the aggressor or provoked the conflict. He will have to prove that he was attacked with a screwdriver while holding his rifle, and without a witness, this might be a challenge (of course all the facts are not in yet)
My personal feeling is that none of my property is worth taking a life. When it comes to the defense of my family and myself, that is a different story.
My personal feeling is that none of my property is worth taking a life. When it comes to the defense of my family and myself, that is a different story.
I wonder who might be willing to test Chad's mettle on this by approaching his SOTAR trailer with lockpicks, pry bar and maybe some bolt cutters...
Nobody here I'm sure. He worked damn hard to make it and bring it all together.
How would any of us feel if it was our new car or motorcycle or even our ATV. MY GUESS IS YOU'D DEFEND IT.
IMO, you would have a good chance of being in the right IF there was deadly force present AND there was a threat with/by same. Even in the not so free state...
Nobody here I'm sure. He worked damn hard to make it and bring it all together.
How would any of us feel if it was our new car or motorcycle or even our ATV. MY GUESS IS YOU'D DEFEND IT.
IMO, you would have a good chance of being in the right IF there was deadly force present AND there was a threat with/by same. Even in the not so free state...
Two blocks from my house...well ain't that nice. Man probably saved one of the other neighbors the trouble and possibly their life!
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Swinokurs original statement and Chad are right.
A citizen should be permitted to protect life and property by any means necessary. Unfortunately MD is so backwards we have to consider the law before and after action. The law says lethal force may not be used to defend property in MD but he wasn't (allegedly). He went outside with a rifle (legal) and confronted the suspect (legal). The issue becomes if he was truly defending his life or if he opened the door and opened fire with no warning (in MD tantamount to murder).
Hopefully he has a good lawyer and will shut the fvck up.
Being Baltimore County this could go either way. Parts of Balt. Co are conservative and some aren't. Hopefully this doesn't go to trial and he is cleared of any wrongdoing in the preliminary investigation.
A citizen should be permitted to protect life and property by any means necessary. Unfortunately MD is so backwards we have to consider the law before and after action. The law says lethal force may not be used to defend property in MD but he wasn't (allegedly). He went outside with a rifle (legal) and confronted the suspect (legal). The issue becomes if he was truly defending his life or if he opened the door and opened fire with no warning (in MD tantamount to murder).
Hopefully he has a good lawyer and will shut the fvck up.
Being Baltimore County this could go either way. Parts of Balt. Co are conservative and some aren't. Hopefully this doesn't go to trial and he is cleared of any wrongdoing in the preliminary investigation.
- Dec 27, 2012
- 30,209
Two blocks? You're in range then.
http://breaking911.com/police-man-shoots-teen-suspect-trying-break-car/
Since he was charged with first degree assault, maybe the homeowner will be OK liability wise.
cryptoman
Active Member
- Dec 27, 2011
- 174
Most states now have some sort of Castle Doctrine, but as far as I know (with the exception of Texas) no state allows for the use of deadly force to protect property - so it's not just Maryland.
cryptoman
Active Member
- Dec 27, 2011
- 174
Not sure if the homeowner is out of the woods yet - the investigation has indicated that a 44-year-old man observed a suspect breaking into his vehicle so he took a rifle outside and confronted the suspect. If he left the safety of his house with a gun in response to protecting his property, he is looking at some problems.
I disagree with what you say .......
good guy 176
R.I.P.
Was just a few years ago when the Korean shop owner in Balt City shot and killed an intruder in his shop (he lived in the apartment above his shop) and was exonerated, so we have that precedence. Even our inner cities get fed up with too much crime.
Damn tooting, I'd use deadly force and I think this home owner will not be convicted, if charged.
I was threatened with a tire iron back around 2009 when I chose to ream an Illegal from El Salv who was renting two houses away. I was standing on the court and unarmed when that incident took place and the perp wisely put the iron away and went inside.
I let it pass and those turds and two other groups of El Salv creeps were evicted from three houses on this court not long after.
Lew--Ranger63
Infantry, Airborne, Ranger, Dual Rated Army Pilot
When the Chips Are Down, Take No Prisoners!
cryptoman
Active Member
- Dec 27, 2011
- 174
That's o.k., you are not the only one that does not agree with me. To me, protecting personal property with deadly force equates to putting a price on a human life which I am not prepared to do.
I would never shoot somebody over protecting property either. I've known too many guys who had to kill people in genuine, justified life or death circumstances who were just absolutely tormented by it for years afterwards. Believe me, lethal force is not something you want to use if you have a choice. However, I see a big difference between a guy who opens his door and just opens up on someone for breaking into his car, and a guy who goes outside to protect his property and brings a firearm in case he is attacked and does become in danger. And I think the law is going to see it that way too.
I'll tell you right now I have no doubt that if the situation is as presented in the press reports this homeowner will never be charged with anything. Nor is there anything to charge him with. As I read the story, he went outside to see what was going on with his car. He brought a rifle to protect himself IF he needed to. Perp came at him with an edged weapon and he was forced to defend himself. Good luck finding a criminal charge that can stick somewhere in there.
Just my .02.
I'll tell you right now I have no doubt that if the situation is as presented in the press reports this homeowner will never be charged with anything. Nor is there anything to charge him with. As I read the story, he went outside to see what was going on with his car. He brought a rifle to protect himself IF he needed to. Perp came at him with an edged weapon and he was forced to defend himself. Good luck finding a criminal charge that can stick somewhere in there.
Just my .02.
I respect your opinion.
I see you are not in my meats/pillows karma. I hope we can agree that at least one of the establishments is worthwhile and you will enter:
https://www.mdshooters.com/showthread.php?t=203364
clandestine
AR-15 Savant
They would not try it. They will however, continue to support shitbags who attack, rob, steal, and burgle others though. They will say that they cant support taking life over property being taken. You see OUR property isnt worth it in their eyes. Its not valuable or important enough.
If you really dig deep and hear what these people say, they dont care if my or your family goes without what we need because our business was destroyed. They dont care if the theft of our vehicle leads to us being terminated from work.
cryptoman
Active Member
- Dec 27, 2011
- 174
Thanks for the invite - I am in for Mission BBQ!
clandestine
AR-15 Savant
They would say "leave the police work to the police"
Then when the bad guy attacks a cop and gets killed they say "the police are trigger happy".
exactly
Sort of like allowing the enemy to breech your outpost before you shoot. Nope, home is the last refuge and it should not be breached unless a last resort.
Now that does not mean long distance lobbing at the Dildonious Maximus if he has high-tailed it down the street....... or should it? Hmmmm.
Well said, Lord Chad
To take the 'in the home' thought a little further...
I carry more often than not on my little quarter-acre of freedom. If I'm in the back yard, hear a commotion in the front, there is no reason under law for me not to go around the house to see what's up. If I'm confronted or threatened on my property outside the house, it's still a threat.
I shouldn't be forced to go THROUGH the house, wait in the doorway, and only react once the threat comes indoors.
Sort of like allowing the enemy to breech your outpost before you shoot. Nope, home is the last refuge and it should not be breached unless a last resort.
Now that does not mean long distance lobbing at the Dildonious Maximus if he has high-tailed it down the street....... or should it? Hmmmm.
Kman
Blah, blah, blah
How effed up is it that I was hoping it was an HBAR or he had dated paperwork.
MD blows.
MD blows.
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