Castle Doctrine

[Dogabutila]

Yea, I'm pretty sure that it would be framed as you going to look for trouble if you left your house (where it is safe) to go put yourself in fear of your life so you can shoot the baddie.

IANAL.

 

[gamer_jim]

It's not civil immunity. If the perp sues the homeowner and looses they have to pay the home owners fees. The ability to sue from the perpetrator is still in tact.

If you have a home owners insurance policy it will likely be up to them to settle with the perp or fight in court. Chances are the perp doesn't have the money to pay your bills so there isn't any penalty to them to not sue.

Can we get Rusty or Charlie to comment on this? It was my understanding the case could not move forward under this bill unless there was some sort of torture.

Maybe I'm wrong:

http://mlis.state.md.us/asp/statutes_respond.asp?article=gcj&section=5-808&Extension=HTML

§5–808.
(a) In this section, “person” does not include a governmental entity.
(b) A person is not liable for damages for a personal injury or death of an individual who enters the person’s dwelling or place of business if:
(1) The person reasonably believes that force or deadly force is necessary to repel an attack by the individual; and
(2) The amount and nature of the force used by the person is reasonable under the circumstances.
(c) Subsection (b) of this section does not apply to a person who is convicted of a crime of violence under § 14–101 of the Criminal Law Article, assault in the second degree, or reckless endangerment arising out of the circumstances described in subsection (b) of this section.
(d) The court may award costs and reasonable attorney’s fees to a defendant who prevails in a defense under this section.
(e) This section does not limit or abrogate any immunity from civil liability or defense available to a person under any other provision of the Code or at common law.

I'd still like to hear an attorney chime in. To this layman the way I read b.1 means that someone, a jury of peers, still has to determine if what the home owner did was reasonable.

I'm not trying to be an ass but would like clarification as well.

 

[Blaster229]

You've never had to retreat within your home.

Outside of the home is a different story.

Back in the 70's, yes. My Father was an AA county cop and always told me and Mom that we had to try and call the police first while trying to go lock ourselves in the room and to only shoot if the BG breaks through the door.

iirc, in the code somewhere it actually stated " Duty to retreat............"


Outside the house has always been a different story.

 

[Norton]

Back in the 70's, yes. My Father was an AA county cop and always told me and Mom that we had to try and call the police first while trying to go lock ourselves in the room and to only shoot if the BG breaks through the door.

iirc, in the code somewhere it actually stated " Duty to retreat............"


Outside the house has always been a different story.

I don't think any of this has ever been in MD Code. It's all case law from everything I've seen.

 

[Blaster229]

Regardless, it had us all scared to death

I have a few of Dad's old code manuals from back then. I hope I remember to go check them today.

 

[Lex Armarum]

I don't think any of this has ever been in MD Code. It's all case law from everything I've seen.

It is all case law and IIRC there has been no duty to retreat in the home/domicile in Maryland since at least the 1960s. I posted case law somewhere on this forum from the 1950s or 60s to that effect but hell if I know where it is or which thread it is in now.

 

[Mooseman]

If I feel my family or myself is in danger, I will do what I have to do to end the threat. I will not worry about what the law says. The safety of my family is priority one. Legal consequences come in a distant second.

 

[Norton]

It is all case law and IIRC there has been no duty to retreat in the home/domicile in Maryland since at least the 1960s. I posted case law somewhere on this forum from the 1950s or 60s to that effect but hell if I know where it is or which thread it is in now.

These are the cases that I work off of on this subject:

 

[annihilation-time]

Back in the 70's, yes. My Father was an AA county cop and always told me and Mom that we had to try and call the police first while trying to go lock ourselves in the room and to only shoot if the BG breaks through the door.

iirc, in the code somewhere it actually stated " Duty to retreat............"

Duty to retreat does NOT apply to inside the home.

 

[esqappellate]

Maybe I'm wrong:

http://mlis.state.md.us/asp/statutes_respond.asp?article=gcj&section=5-808&Extension=HTML


I'd still like to hear an attorney chime in. To this layman the way I read b.1 means that someone, a jury of peers, still has to determine if what the home owner did was reasonable.

I'm not trying to be an ass but would like clarification as well.

Sure, the question of reasonableness is generally a jury question. the homeowner, however, may be able to get summary judgment if, on a given set of facts, no jury could find that the homeowner was anything other than reasonable. EG, the armed perp (a total stranger to you) had forced his way into your home and was in your bedroom, advancing on you and your wife after being warned repeatedly that you were armed and would shoot. You would get SJ under this statute in a heartbeat on those facts. Lesson in life: Get a good lawyer.

 

[annihilation-time]

I don't think any of this has ever been in MD Code. It's all case law from everything I've seen.

This is true.

 

[esqappellate]

If I feel my family or myself is in danger, I will do what I have to do to end the threat. I will not worry about what the law says. The safety of my family is priority one. Legal consequences come in a distant second.

Better to be tried by 12 than carried by 6.....

 

[newmuzzleloader]

Yea, I'm pretty sure that it would be framed as you going to look for trouble if you left your house (where it is safe) to go put yourself in fear of your life so you can shoot the baddie.

IANAL.

You're probly right this being Md. I was thinking more along the lines of something that happened last weekend: about 1:30 in the morning I'm in the kitchen and heard chickens squawking; this is not normal behavior for 1 AM so me and the dog go out to check it out. This time it was a fox that got in cause I didn't lock the gate and shut their door. So I'm wondering what if it would have been something else causing them to raise a ruckus,I'm expecting critter and get surprised by ? And then I'm thinking What about the dairy farmers. They're out milking at 4am.What happens if they're jumped in the barn by some tweaker.
I guess my first sentence answered my question, This IS Md.

 

[Dogabutila]

If you could prove that you tried to retreat and the guy didn't let you, you would probably be okay.

Ikam extreme type of video camera, protect yourself.

 

[Klunatic]

everything seems geared to 'domicile' implying 'your house'. what about an outbuilding on your property? say you catch someone in your barn or workshop or shed etc. and they charge you with something in their hand. It's dark you can't tell what they have, you're skeered, BOOM.
Does castle doctrine come into play here also? or are you SOL.

The CD applies to your home and or business in my understanding. I would say if you are in a building on you property that it would apply. Eitherway if you are in fear for your life you are justified.

 

[RojoSolette]

So what do we do if do if we catch someone breaking into our car in our driveway? Do we just call the police and let them get away?

 

[expat]

So what do we do if do if we catch someone breaking into our car in our driveway? Do we just call the police and let them get away?

Well, shooting someone breaking into your car is going to give you a raft-load of trouble, that is clear, because your safety is not threatened. If you go out to the car, and your safety is threatened by the thief, and you shoot, you are in a gray area and will need a good lawyer and a good story.

 

[UNcommon Arms]

http://delegatemike.com/?p=2298

"Place of Business" would that apply when I'm out doing business as a property manager or REALTOR? My place of business is wherever I am. Interesting question???

 

[L0gic]

So what do we do if do if we catch someone breaking into our car in our driveway? Do we just call the police and let them get away?

Stick the old double barrel out the front door and fire off two shots in the air

I live a good quarter mile from the main road and have built a very comprehensive first alert security system. You'll not make it into my car/garage before the firearms are at hand


"Ask and you shall receive. Take and you shall pay"

 

[F8L_Funnel]

"my daughter was walking the dog outside, perp was running towards the area my daughter was at"

it's all about articulatable facts!