Article on standing your ground
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- Jul 29, 2014
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Trend? Hopefully. The Burgarello case seemed to be a pretty good test. I'm kinda surprised by that outcome on its face...
ericahls
Active Member
I thought it was a balanced article. I carry every day in the unfree state of MD and have no problem with avoiding confrontation.
I support stand your ground but think doing so if there is a safe avenue for retreat is plain stupid. My gun isn't some magic shield that protects me from being injured or killed. Also, the bullets it fires don't just hit bad guys, there is always the possibility of hitting an innocent person if I have to use it.
The way to win a gun fight is not to be in one. By always looking for a way to retreat I will almost always guarantee that If I am forced to use my weapon then I'll know that I had no choice.
To be clear retreating from an potential altercation if that avenue is open to you isn't cowardice, its tactically smart. By retreating you increase the distance between you and a attacker giving you valuable seconds to better evaluate your situation. It also gives some legal cover.
I support stand your ground but think doing so if there is a safe avenue for retreat is plain stupid. My gun isn't some magic shield that protects me from being injured or killed. Also, the bullets it fires don't just hit bad guys, there is always the possibility of hitting an innocent person if I have to use it.
The way to win a gun fight is not to be in one. By always looking for a way to retreat I will almost always guarantee that If I am forced to use my weapon then I'll know that I had no choice.
To be clear retreating from an potential altercation if that avenue is open to you isn't cowardice, its tactically smart. By retreating you increase the distance between you and a attacker giving you valuable seconds to better evaluate your situation. It also gives some legal cover.
I assume you have a MD LTCH
- Jun 28, 2009
- 4,172
"To be clear retreating from an potential altercation if that avenue is open to you isn't cowardice, its tactically smart. By retreating you increase the distance between you and a attacker giving you valuable seconds to better evaluate your situation. It also gives some legal cover." <<~~~this!
and to take this thread in another direction, anyone notice how the mantra is always an "unarmed" victim or attacker? all i will say is look into richard fletcher's case in dundalk and see what unarmed teens can do. unarmed my ass!
and to take this thread in another direction, anyone notice how the mantra is always an "unarmed" victim or attacker? all i will say is look into richard fletcher's case in dundalk and see what unarmed teens can do. unarmed my ass!
Sev
"Vern"
It (metaphorically) kills me when articles will say the guy shot an unarmed person who was threatening them / causing them to fear for their life.
You don't need to be armed to kill someone. Hell, you don't even need arms to kill someone.
Edit: Damn woodstock. You beat me to it
You don't need to be armed to kill someone. Hell, you don't even need arms to kill someone.
Edit: Damn woodstock. You beat me to it
ericahls
Active Member
yep. On my first renewal.
ericahls
Active Member
You are absolutely correct! And to further drive home that point between 2009 and 2013 (Hands, fists, and feet) we're responsible for 3,639 murders in United States.
danb
dont be a dumbass
This article (as usual) conflates a bunch of things-
"Stand your ground" generally applies outside your home or off your property, but where you otherwise have a right to be.
"Castle doctrine" generally is inside the home or on your property. There is generally no duty to retreat on your own property. But, you still have to have a reasonable belief you are in imminent danger.
There is a little more to the Burgarello story than CSM reports (thank Google): http://legalinsurrection.com/2015/05/verdict-in-squatter-shooting-case-not-guilty/
We are talking about some repeat offending trespassing meth heads, and these two had gone so far as to try to change their drivers license. They were also warned to get out and he announced himself.
Key prosecution witnesses also back off their statements: http://www.mynews4.com/news/story/Key-witness-testifies/nzSJuSmTxUOpJxyjNE5BCg.cspx More here: http://www.rgj.com/story/news/crime/2015/05/22/burgarello-trial-live-courtroom/27782879/
Keep in mind, the benefit of "reasonable doubt" accrued to the defense here. 1st and 2nd degree Murder and attempted murder here was a pretty big stretch. Involuntary manslaughter requires another unlawful act or negligence. The facts don't support that either (Burgarello was armed on his own property, which is not illegal or negligent).
I'd have to say, the Burgarello case has less to do with self defense, more to do with an overzealous prosecutor.
"Stand your ground" generally applies outside your home or off your property, but where you otherwise have a right to be.
"Castle doctrine" generally is inside the home or on your property. There is generally no duty to retreat on your own property. But, you still have to have a reasonable belief you are in imminent danger.
There is a little more to the Burgarello story than CSM reports (thank Google): http://legalinsurrection.com/2015/05/verdict-in-squatter-shooting-case-not-guilty/
We are talking about some repeat offending trespassing meth heads, and these two had gone so far as to try to change their drivers license. They were also warned to get out and he announced himself.
Key prosecution witnesses also back off their statements: http://www.mynews4.com/news/story/Key-witness-testifies/nzSJuSmTxUOpJxyjNE5BCg.cspx More here: http://www.rgj.com/story/news/crime/2015/05/22/burgarello-trial-live-courtroom/27782879/
Keep in mind, the benefit of "reasonable doubt" accrued to the defense here. 1st and 2nd degree Murder and attempted murder here was a pretty big stretch. Involuntary manslaughter requires another unlawful act or negligence. The facts don't support that either (Burgarello was armed on his own property, which is not illegal or negligent).
I'd have to say, the Burgarello case has less to do with self defense, more to do with an overzealous prosecutor.
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