HB67 Self defense - duty to retreat?

[1ceman]

I only saw a few references to this bill on this site but no clear thread for definition.
Does this bill change the "stand your ground" here in Maryland? I wont be able to "protect" my house in an invasion and would be forced to "retreat" instead of fire upon the intruder?

If that is the case, and this bill goes through, I will be becoming a Virginia resident before it takes effect.

Here is the link to the bill....
http://mgaleg.maryland.gov/webmga/frmMain.aspx?id=hb0067&stab=01&pid=billpage&tab=subject3&ys=2014rs

 

[MikeTF]

This looks like a 'Duty to retreat' bill. Given the source, it looks like another 'Travon Martin' bill. I don't like it. It's vague and unnecessary.

 

[Mr H]

There really is no "SYG" in Maryland, and under current Common Law principles, we have a form of Castle Doctrine which allows us to protect our homes and persons in the face of a threat. We also have Civil Immunity regarding any defensive actions you might have to take, but that's another discussion.

"Duty to Retreat" is still required outside your premises IIRC, but this bill (and its companion) would place DtR inside the home statewide, and prevent Baltimore City from doing anything to weaken it.

Add to that, the bill making it a criminal offense to disobey a 911 operator's instructions, and we are looking at an entirely new category of body count.

In short, they are a knee-jerk reaction to the Zimmerman case, IMO, and designed to inflame racial tensions as a sideshow to the real issues.

 

[grayson71]

This bothers me alot, I'm am not going to retreat inside my own home. So what happens when a criminal breaks into a home and the homeowner and family retreat to a back room and wait for police?, in the mean time the criminal sets fire to the house as he leaves and the family is killed in the fire?

This is the kind of thing I would be afraid of happening. Something that could be avoided if you are not made to retreat by the letter of the law.

I hope this one doesnt pass, but given this state, it probably will

 

[1ceman]

So your stating I would loose the ability to draw fire on an intruder "even in my house" under this bill? If so, that is a reason for me to leave MD, since I have 4 kids and a wife to protect.

My uncle (was Investigator for MSP before he passed away) once told me when you shoot them make sure they fall into the front door. If not, drag them in.

 

[MikeTF]

F the bill if it becomes law. Protect your family, then ask for a jury trial. This is at the 'soap box' stage. The ballot box is next, followed by the jury box.

 

[Mr H]

Funny thing, though...

Just today, Conaway filed HB214

http://www.mdshooters.com/showthread.php?t=143010

 

[TxAggie]

There really is no "SYG" in Maryland, and under current Common Law principles, we have a form of Castle Doctrine which allows us to protect our homes and persons in the face of a threat. We also have Civil Immunity regarding any defensive actions you might have to take, but that's another discussion.



"Duty to Retreat" is still required outside your premises IIRC, but this bill (and its companion) would place DtR inside the home statewide, and prevent Baltimore City from doing anything to weaken it.



Add to that, the bill making it a criminal offense to disobey a 911 operator's instructions, and we are looking at an entirely new category of body count.



In short, they are a knee-jerk reaction to the Zimmerman case, IMO, and designed to inflame racial tensions as a sideshow to the real issues.

Wow, I missed the 911 part. So is there any provision for prosecuting 911 operators who give wrong (deadly) advice? Because, you know, all 911 operators are competent experts.

 

[deesly1]

F the bill if it becomes law. Protect your family, then ask for a jury trial. This is at the 'soap box' stage. The ballot box is next, followed by the jury box.

Then followed by the ammo box!!!

 

[Mr H]

Wow, I missed the 911 part. So is there any provision for prosecuting 911 operators who give wrong (deadly) advice? Because, you know, all 911 operators are competent experts.

Here ya go...

HB 21 - FOR the purpose of prohibiting a person from willfully disobeying a lawful instruction from a 9-1-1 operator responding to the person's call for emergency assistance if the person is capable of obeying the instruction, obeying the instruction would not place the person or another person in danger of physical harm, and the failure to obey the instruction directly leads to another's bodily harm or property damage; establishing penalties for a violation of this Act; and generally relating to obeying instructions from a 9-1-1 operator.

 

[1ceman]

I just want to make sure I have the right to protect myself and my family as needed in the state of Maryland. We all see these law suits where someone breaks in, gets hurt and sues.

 

[1ceman]

So your stating I would loose the ability to draw fire on an intruder "even in my house" under this bill? If so, that is a reason for me to leave MD, since I have 4 kids and a wife to protect.

My uncle (was Investigator for MSP before he passed away) once told me when you shoot them make sure they fall into the front door. If not, drag them in.

He also told me to shoot the intruder dead since dead men cant testify or sue. (I know ....their family still can.)

 

[fred333]

I think you're looking at these propositions the wrong way. The way I read it, this is the local government's way of directing MD home owners to include two additional items in their home emergency preparation kits: a chain saw and a 50 gallon vat of hydrochloric acid. When danger comes knocking, don't bother us, just deal with it.

 

[Mr H]

My wife is under instructions that she is to consider herself in mortal fear until she hears 'click'. And she knows where other fear-alleviators are as well.

THEN we worry with details.

 

[MikeTF]

I just want to make sure I have the right to protect myself and my family as needed in the state of Maryland. We all see these law suits where someone breaks in, gets hurt and sues.

It is an inalienable right and you will defend your family by any means: instinct will take over. I would sacrifice myself for my family, so if that means that after defending them and surviving, I have to fight the legal battle next, so be it.

 

[1ceman]

It is an inalienable right and you will defend your family by any means: instinct will take over. I would sacrifice myself for my family, so if that means that after defending them and surviving, I have to fight the legal battle next, so be it.

Agreed, but its almost like some of these laws are written to protect the intruders than the law abiding citizen and thats my frustration. So when the intruders know your afraid to or not allowed to shoot due to you having to retreat, they are more likely to break into ones house.

 

[jmike1487]

Agreed, but its almost like some of these laws are written to protect the intruders than the law abiding citizen and thats my frustration. So when the intruders know your afraid to or not allowed to shoot due to you having to retreat, they are more likely to break into ones house.

This doesn't make any sense at all. Why would "our" legislators do this to us? It just boggles my mind


Sent from my iPhone using Tapatalk

 

[Mr H]

Because they stopped (by and large) being "our" legislators a long time ago.

It's about what they can do in "their" best interests, and it's now our job to put an end to it.

 

[DoubleTap007]

If criminals don't have to follow laws, then neither do I, come in my house, you die.

 

[GUNSnROTORS]

Here ya go...

Tried to call 911, bad guy was between me and the phone ...