Go Back   Maryland Shooters > Gun Rights and Legislation > Maryland 2A Issues

Notices


Reply
 
Thread Tools Display Modes
Old October 20th, 2017, 08:04 PM #1
Steyr40's Avatar
Steyr40 Steyr40 is offline
Junior Member
 
Join Date: Mar 2012
Location: PG Co
Posts: 69
Steyr40 Steyr40 is offline
Junior Member
Steyr40's Avatar
 
Join Date: Mar 2012
Location: PG Co
Posts: 69
Home Invasion

Now that home invasion is classified as a violent crime in Maryland, how does that affect the use of lethal force in such an event? And does it matter if the perpetrator has a weapon or not? Also, if I am not allowed to carry in Maryland without G&S, but come home to an active home invasion, being that it is a violent crime, what recourse do I have to protect myself in my home as defined in Crawford v. State, 231 Md. 354 (1963). Logically, I would have to already have my gun on me, right? I guess my right to protect myself and my family in my home starts when I get home, lock the door behind me, and remove my gun from the safe?
Steyr40 is offline   Reply With Quote
Old October 21st, 2017, 01:24 AM #2
jrumann59's Avatar
jrumann59 jrumann59 is offline
DILLIGAF
 
Join Date: Feb 2011
Posts: 7,438
jrumann59 jrumann59 is offline
DILLIGAF
jrumann59's Avatar
 
Join Date: Feb 2011
Posts: 7,438
IANAL but I would say the law would look on you unfavorably if you went into the house if you knew it was being burglarized. Now if you went in because let say you thought your wife and/or child was also inside it may be a gray area. Otherwise it would be like using deadly force to stop someone from stealing your car from your driveway.
jrumann59 is offline   Reply With Quote
Old October 21st, 2017, 02:13 AM #3
3paul10's Avatar
3paul10 3paul10 is offline
Senior Member
 
Join Date: Mar 2012
Location: Western Maryland
Posts: 1,148
3paul10 3paul10 is offline
Senior Member
3paul10's Avatar
 
Join Date: Mar 2012
Location: Western Maryland
Posts: 1,148
Wow, that's a loaded question. I think it would be wise to ask a lawyer, and not on a public forum.
__________________
NRA Endowment Member

Smith and Wesson Collectors Association

SOTAR Alumni
3paul10 is offline   Reply With Quote
Old October 21st, 2017, 08:11 AM #4
govwontletmebuycoolguns's Avatar
govwontletmebuycoolguns govwontletmebuycoolguns is offline
ΜΟΛΩΝ ΛΑΒΕ
 
Join Date: Feb 2010
Location: DPRM
Posts: 1,818
govwontletmebuycoolguns govwontletmebuycoolguns is offline
ΜΟΛΩΝ ΛΑΒΕ
govwontletmebuycoolguns's Avatar
 
Join Date: Feb 2010
Location: DPRM
Posts: 1,818
In Maryland, I think you're supposed to throw this on the floor and see who bends over first.

Name:  8613.jpg
Views: 1110
Size:  35.8 KB
__________________
govwontletmebuycoolguns is offline   Reply With Quote
Old October 21st, 2017, 08:23 AM #5
Blaster229's Avatar
Blaster229 Blaster229 is offline
God loves you, I don't.
 
Join Date: Sep 2010
Location: Glen Burnie
Posts: 25,062
Blaster229 Blaster229 is offline
God loves you, I don't.
Blaster229's Avatar
 
Join Date: Sep 2010
Location: Glen Burnie
Posts: 25,062
If someone is in your house when you're not there, that's not an invasion. That's a burglary.

Sent from my SM-G892A using Tapatalk
__________________
Do the do's. Don't do the don'ts.
Blaster229 is offline   Reply With Quote
Old October 21st, 2017, 08:35 AM #6
Schipperke's Avatar
Schipperke Schipperke is offline
Capt. Snarky
 
Join Date: Feb 2013
Location: Монтгомери
Posts: 12,408
Schipperke Schipperke is offline
Capt. Snarky
Schipperke's Avatar
 
Join Date: Feb 2013
Location: Монтгомери
Posts: 12,408
Quote:
Originally Posted by Blaster229 View Post
If someone is in your house when you're not there, that's not an invasion. That's a burglary.

Sent from my SM-G892A using Tapatalk
Young lady we know walked in her home, closed the front door. She turned the hall and a man was digging through her bedroom. (used as home office) Luckily the guy upon the confrontation just walked by her and out of the house.

Would that be a burglary , turned to home invasion?
Schipperke is offline   Reply With Quote
Old October 21st, 2017, 08:38 AM #7
Blaster229's Avatar
Blaster229 Blaster229 is offline
God loves you, I don't.
 
Join Date: Sep 2010
Location: Glen Burnie
Posts: 25,062
Blaster229 Blaster229 is offline
God loves you, I don't.
Blaster229's Avatar
 
Join Date: Sep 2010
Location: Glen Burnie
Posts: 25,062
Quote:
Originally Posted by Schipperke View Post
Young lady we know walked in her home, closed the front door. She turned the hall and a man was digging through her bedroom. (used as home office) Luckily the guy upon the confrontation just walked by her and out of the house.

Would that be a burglary , turned to home invasion?
I believe home invasion is a violent act threatening harm. You know, guys busting in wilding.

Sent from my SM-G892A using Tapatalk
__________________
Do the do's. Don't do the don'ts.
Blaster229 is offline   Reply With Quote
Old October 21st, 2017, 09:44 AM #8
doublins's Avatar
doublins doublins is offline
Junior Member
 
Join Date: Dec 2015
Location: AA County
Posts: 87
doublins doublins is offline
Junior Member
doublins's Avatar
 
Join Date: Dec 2015
Location: AA County
Posts: 87
Several years ago my home was burglarized. As they had broken in through a back door, I didn't notice anything wrong when I got home from work and walked through the front door.

On autopilot, I strolled upstairs to my bedroom and began changing out of my work clothes. It was only *then* that I noticed something was wrong because a couple of things were out of place in my bedroom, my laptop wasn't where I'd left it, and the real red flag- my digital bathroom scale was on my bed- Time slowed down while 1 million explanations raced through my head simultaneously-

"My girlfriend came over while I was at work"
"I must have moved it and forgot"
"My neighbor is playing a prank on me"
"My house was burglarized"
"My house was being burglarized while I came home and they're still here"

My brain leapt into action as soon as this one registered, and I immediately found myself acting without really thinking- fight/flight autopilot.

I only owned one pistol at the time and it was loaded and locked in a case hidden underneath a million things in my closet- I grabbed it, immediately scanned my bedroom and proceeded to check the house.

As I left my bedroom, here is where my heart got pumping- Down the hall from my bedroom door was another bedroom. I lived alone at the time, and since purchasing the house, that second bedroom was my 'workout' room, and ALWAYS had a pullup bar in the doorway, which meant the door was never closed. Not once. Ever. As I looked down the hallway, the pullup bar wasn't there, and the door was closed. My brain registered that "There is an intruder in my house, and he is inside that room hiding" Without even THINKING, I hid along the wall next to the door, then with one hand reached over and swung the door open- expecting to hear movement or shuffling or a quick breath, even, something from whoever was in the room. Following that, I peered in and then entered. Things were taken and out of place, but the room (and closet) were unoccupied.

I repeated with every room in the house.

I was COMPLETELY OVERWHELMED with fear, panic, adrenaline during this time, but everything I did was calm, automatic, almost robotic. I had never rehearsed anything I was doing, nor did I really have time or thought to consider the consequences or legality of anything I was doing.

It was not until I had cleared the whole house, and had a minute to catalog everything that had been taken (laptop, two guitars, gaming systems, small electronics, my motorcycle from the garage along with ALL of my gear, helmets, jackets, etc.), and had time to figure out where and how they had broken in, that I even stopped to CONSIDER "Oh, yeah I should probably call the police to tell them I've been burglarized"

The motorcycle had LoJack on it, and it was found down in Lothian within about 12 hours stashed in the woods behind an abandoned house. It had prints all over it, and eventually (a year later) it led to finding the perp, after he'd been arrested and linked to five other home burglaries. They were (at the time) two 15-year-old kids from Upper Marlboro.

Tried in Juvenile court, they received basically a slap on the wrist for what would have been felony larceny and breaking and entering, and the scope of their punitive portion for me was basically a max $1000 in reparations to cover the cost of my insurance deductible. It was absurd. I insisted upon going to their trial and making a victim statement.

In court, I explained to the perps not only how utterly violated I felt having had this done to me, but I told them the story above so that they could live that day from my perspective, and see how close they came that day to being shot by an armed, terrified homeowner, and how this likely would have ruined their lives, their families lives, my life, my family's life, all because they wanted to take other people's belongings. They and their parents were crying and balling, and the judge, with his hands tied by the system and unable to impose further punitive measures, proclaimed that I was absolutely correct and proceeded to give them a world-class verbal beatdown in front of the courtroom. Man, I wish I had it all on video.

Anyway, the moral of the story is that I learned a lot about myself that day- both good and bad, about how I reacted in what my brain perceived to be a life-or-death threat scenario. I was proud of how calm I was despite being absolutely racked with panic and terror- I was surprised that 'calling the police' did NOT EVEN REGISTER as a thought. This is really important to note, because I have always considered myself an intelligent, REASONABLE person, and, mens rea being the standard upon which people's actions are to be judged in our criminal justice system, gives me an entirely new perspective on how important castle doctrine laws are-

For many reasonable people, the 'duty to retreat' in the face of danger that is codified into the law in some jurisdictions, is simply not how they are biologically wired. It is unreasonable to expect that people, fearing for their lives and acting only on instinct, in a fight-or-fight situation, will take a moment to stop and consider "wait a minute, I'm supposed to flee and call the police."

This experience was eye-opening for me for a number of reasons, and although many years have passed, as a current W&C permit holder, the potential legal implications of acting on instinct in this scenrario are not lost on me, and I hope that it serves as a learning experience.
doublins is offline   Reply With Quote
Old October 21st, 2017, 09:47 AM #9
iH8DemLibz's Avatar
iH8DemLibz iH8DemLibz is offline
When All Else Fails.
 
Join Date: Apr 2013
Location: Libtardistan
Posts: 21,033
iH8DemLibz iH8DemLibz is offline
When All Else Fails.
iH8DemLibz's Avatar
 
Join Date: Apr 2013
Location: Libtardistan
Posts: 21,033
.
iH8DemLibz is offline   Reply With Quote
Old October 21st, 2017, 10:09 AM #10
TexasBob's Avatar
TexasBob TexasBob is offline
Another day in Paradise
 
Join Date: Oct 2012
Location: Space Coast
Posts: 1,615
Images: 48
TexasBob TexasBob is offline
Another day in Paradise
TexasBob's Avatar
 
Join Date: Oct 2012
Location: Space Coast
Posts: 1,615
Images: 48
Big mistake to even think you can break into my home, told the wife the rules of engagement, we feel our life's are in danger by anyone entering our home uninvited. Until they are take off our property in cuffs or carried out the door we treat them as a threat to life and limb.

Give no quarter, the system does not work or protect the victim, spare the criminal and your ask for a repeated action.

http://criminal.findlaw.com/criminal...ound-laws.html.
__________________
Lead, Follow or get the Hell out the Way

For those who bend a knee you can "Kiss My Ass"

"Honor the soldiers that sacrificed their lives in order for that government of the people, by the people, for the people, shall not perish from the earth” MAGA

TexasBob is offline   Reply With Quote
Reply

  Home Page > Forum List > Gun Rights and Legislation > Maryland 2A Issues


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 12:35 AM.


Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
© 2017, Congregate Media, LP Privacy Policy Terms of Service