legality of home defense with firearm

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  • euchoreo

    Member
    Apr 6, 2013
    21
    Anyone familiar with the current MD law/ruling on using firearms to prevent someone from breaking into my home or on someone who has illegally entered my home?

    Do I still need to prove I was in fear of my life above and beyond the fact that they've broken in?
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,409
    Glen Burnie
    First of all, you don't use lethal force to prevent them from coming in. Maryland believes if you do, you put yourself in the situation to use deadly force which otherwise may have been prevented.
    No shooting someone through your door while they're on the porch, etc... You approaching someone rooting through your shed and they come at you with an axe, and you shoot them, is s justified shoot usually, but Maryland will say you put yourself in that situation.
    Don't let machismo lead you out there, because you will be charged.
    Many self defense cowboys here will say otherwise. They let their emotions dictate their actions.
    MD has the Castle Doctrine. You're justified to use lethal force without having to retreat to avoid using that force. However, you still need to satisfy the 3 pillars of self defense,
    Means, opportunity, and intent from the threat.
    I'm not typing all that out from my cell phone.

    Good luck.
     

    marko

    Banned
    BANNED!!!
    Jan 28, 2009
    7,048
    Look up Active Self Protection on you tube - John lays out with numerous videos what is right and wrong
    with home defense - If you raise your rifle/weapon and the bad guy decides to GTFO and go home to mommy, you cannot shoot, for example.
     

    EDA98

    Active Member
    Dec 4, 2019
    121
    Laurel MD
    First things first is that you are going to be arrested regardless. So hire a lawyer. but if they are physically inside your home you should have reasonable proof they intended harm. But you also cannot shoot someone who is retreating, shooting someone in the back is pretty indefensible.
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,409
    Glen Burnie
    Wait until they are in the house.

    And no matter what you "were in imminent fear of your life"
    Not really. I don't have to be afraid of someone with a knife to know that it could kill me. I know I can use deadly force. Threats only kill those who are afraid? If I'm not afraid, he will magically stop in his tracks?
    And it's not fear for your life. It's the threat of death or serious bodily injury
     

    fred2207

    Banned
    BANNED!!!
    Mar 14, 2013
    3,179
    PG
    First things first is that you are going to be arrested regardless. So hire a lawyer. but if they are physically inside your home you should have reasonable proof they intended harm. But you also cannot shoot someone who is retreating, shooting someone in the back is pretty indefensible.


    Unless you are LEO, then it might be OK, legally...
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    A scenario my kids brought up while watching the riots:

    What if someone is outside your house and preparing to throw a molotov cocktail at the home. What now?
     

    Skipjacks

    Ultimate Member
    Not really. I don't have to be afraid of someone with a knife to know that it could kill me. I know I can use deadly force. Threats only kill those who are afraid? If I'm not afraid, he will magically stop in his tracks?
    And it's not fear for your life. It's the threat of death or serious bodily injury

    Notice the quotes

    Even if you are calm and collected you were in imminent fear of your life

    It's a statement you can't go wrong with

    It plays much better in court than having to explain things when the prosecutor reads your statement to the jury saying "I was not scared. I had secured a dark hide position with good sight lines to where I anticipated the enemy would walk. When I saw the intruder I calmly held my breath for a stable sight picture and gently squeezed my trigger until a round discharged. At that point I kept my weapon aimed on the bloody corpse while I called the police to come pick up the body"

    That statement opens you up to questions like "Since you were calm and hidden and paying careful attention could you see if the poor misguided youth carrying a weapon?"

    I prefer the "I was in imminent fear if my life. It was dark. I thought this intruder was going to murder my whole family. My lawyer's number if 410-555-5555 for further questions"

    Just because the law says you can use deadly force inside your home doesn't mean the communists in this fascist state won't try to hang you for it anyway. Don't give them rope
     

    Skipjacks

    Ultimate Member
    A scenario my kids brought up while watching the riots:

    What if someone is outside your house and preparing to throw a molotov cocktail at the home. What now?

    I am 100% sure Maryland will say you had a duty to run out the back door

    What if they flanked your house and we're setting fire to both exits?

    (I am still 100% sure Maryland will try to f--- you. But now I think you could make a solid argument in court)
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,409
    Glen Burnie
    Notice the quotes



    Even if you are calm and collected you were in imminent fear of your life



    It's a statement you can't go wrong with



    It plays much better in court than having to explain things when the prosecutor reads your statement to the jury saying "I was not scared. I had secured a dark hide position with good sight lines to where I anticipated the enemy would walk. When I saw the intruder I calmly held my breath for a stable sight picture and gently squeezed my trigger until a round discharged. At that point I kept my weapon aimed on the bloody corpse while I called the police to come pick up the body"



    That statement opens you up to questions like "Since you were calm and hidden and paying careful attention could you see if the poor misguided youth carrying a weapon?"



    I prefer the "I was in imminent fear if my life. It was dark. I thought this intruder was going to murder my whole family. My lawyer's number if 410-555-5555 for further questions"



    Just because the law says you can use deadly force inside your home doesn't mean the communists in this fascist state won't try to hang you for it anyway. Don't give them rope
    That's a ridiculous fvcking fake statement. No one would say that.
    My point is that "fear" is not a requirement to satisfy justification.
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,409
    Glen Burnie
    I am 100% sure Maryland will say you had a duty to run out the back door



    What if they flanked your house and we're setting fire to both exits?



    (I am still 100% sure Maryland will try to f--- you. But now I think you could make a solid argument in court)
    The Castle Doctrine eliminated the duty to retreat.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    It's just like a knife threat. You don't have to wait and see what happens. And screw Mosby. Lol

    That was my conclusion.

    Mosby will say the poor person was using the molotov cocktail as a reading light because they were getting their GED and turning their life around.
     

    Docster

    Ultimate Member
    Jul 19, 2010
    9,768
    First of all, you don't use lethal force to prevent them from coming in. Maryland believes if you do, you put yourself in the situation to use deadly force which otherwise may have been prevented.
    No shooting someone through your door while they're on the porch, etc... You approaching someone rooting through your shed and they come at you with an axe, and you shoot them, is s justified shoot usually, but Maryland will say you put yourself in that situation.
    Don't let machismo lead you out there, because you will be charged.
    Many self defense cowboys here will say otherwise. They let their emotions dictate their actions.
    MD has the Castle Doctrine. You're justified to use lethal force without having to retreat to avoid using that force. However, you still need to satisfy the 3 pillars of self defense,
    Means, opportunity, and intent from the threat.
    I'm not typing all that out from my cell phone.

    Good luck.

    And I believe that each state has its own laws regarding lethal force to protect property and Maryland doesn't allow for it. If a perp is retreating/running away with your property there's no shooting at them. It's SELF defense
    Of course we can discuss possibilities to death because Maryland law is so vague and screwed up
     

    Skipjacks

    Ultimate Member
    That's a ridiculous fvcking fake statement. No one would say that.
    My point is that "fear" is not a requirement to satisfy justification.

    Have you lived in Maryland long?

    I know what the law says. I know what morality says.

    I also know this state doesn't consult either one before screwing over it's citizens.

    Sure I'd win at trial or on appeal. I'd rather charges not be filed in the first place by some prosecutor trying to make a name for himself among gun hating anti 2A voters. So I'm not giving them ammunition.

    Even better statement to the police is "He was inside the house. He was not invited. I don't know who he is. My attorney will make all future statements on my behalf."
     

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