HB67 Self defense - duty to retreat?

[Mr H]

shucky-darn....

 

[eruby]

See Dick
See Dick creep
See Dick B & E
See Dick die
Don't be a Dick

 

[Dave MP]

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

Because doing otherwise, would alienate their voting base.

 

[NY Transplant]

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.

What happens next is that you will be charged with a crime if you do not call 911 if someone breaks into your home and you try to defend yourself.

 

[BigT]

We had a neighborhood watch meeting and I approached the Public Affairs officer and politely engaged her in a conversation about this topic and several others… I was told that if I were involved in a shooting defending my home, the first thing out of my mouth to a police officer should be: "I was in fear for my life and the lives of my family, and I had no ability to retreat…" Which I guess (she did not include this… ) would be followed by: "I have nothing else to say, without my attorney present.."

I have never considered it my responsibility to call 911 during a break in - my responsibility is to protect my family and myself - kind of like what they teach you in CPR class, have some one else call 911 while you address the issue at hand…

Do I have it wrong????

Man I cant wait to leave the government abuse of Maryland!!

 

[Mr H]

I like it.

 

[Rem700fan]

We had a neighborhood watch meeting and I approached the Public Affairs officer and politely engaged her in a conversation about this topic and several others… I was told that if I were involved in a shooting defending my home, the first thing out of my mouth to a police officer should be: "I have nothing to say, without my attorney present.."

I have never considered it my responsibility to call 911 during a break in - my responsibility is to protect my family and myself - kind of like what they teach you in CPR class, have some one else call 911 while you address the issue at hand…

Do I have it wrong????

Man I cant wait to leave the government abuse of Maryland!!

FTFY Say this and only this and instruct all family members to say the same.

 

[Mr Bear]

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

Not so sure, remember Civil Immunity.

 

[Gryphon]

"The Create More Innocent Victims Act of 2014."

 

[Blaster229]

What happens next is that you will be charged with a crime if you do not call 911 if someone breaks into your home and you try to defend yourself.

What if someone doesn't have a home phone? How can they dial 911? Then you can say use the cell phone. There is no time to turn your cell phone on, dial 911, speak to them and juggle an intruder.

Maybe they will make having a home phone or cell phone turned on, mandatory one day.

 

[Blaster229]

If not, drag them in.

This must have been ages ago when physical evidence was not needed for a conviction. Pretty sure today this would be nearly impossible to do and not get caught.

 

[highfructosecornsyrup]

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

amen brother. if you cant beat em join em...

 

[Mr H]

This must have been ages ago when physical evidence was not needed for a conviction. Pretty sure today this would be nearly impossible to do and not get caught.

My thought as well.

Besides, when it matters, I seriously doubt I'm going to get into a chess game with a BG, making sure he's in just the right spot before he's dropped.

 

[jkeiler]

The duties these bills would impose are to retreat and to obey the 911 instructions (if you call.) But there is no duty to call 911. As some others have pointed out, they might do this, or think of doing this, but so far not.

So as it would stand, you would in theory have to retreat, then having done so, defend yourself/family, and (again as others have pointed out) best use deadly force so that the intruder cannot present any evidence against you.

These bills will encourage knowledgeable homeowners to not call 911, and use the maximum amount of deadly force available. Of course, this is not sound policy, it is purely political.

By the way, while there is theoretical civil immunity, keep in mind that it does not prevent a surviving intruder (or his successors in interest) from suing you. You still would have to likely answer a civil suit and successfully assert immunity--which might be easier said than done.

 

[dblas]

As of last Thursday, the hearing for this bill and HB 22 have been cancelled...So they will either be rescheduled or they will be pulled.

 

[sonicnofadz]

Personally I would not shoot a intruder that was visibly unarmed. I would tell him to surrender, if he continued to approach me I'd shoot to kill, or if he was visibly armed. If all else fails, just shoot and dissolve the body via liquid drano VA/WV/PA keeps looking better and better these days.

Disclaimer: I am not a lawyer!

 

[Rack&Roll]

If a cop gives you a lawful command, he/she does so as a sworn peace officer.

Any command from anyone else is simply a First Amendment protected utterance and you are under no legal obligation to accept or follow it.

A command from such a person falls under the heading of opinion, polite request, or even a thought shared out loud.

This is yet another instance of legislators who don't bother to read the Instruction Manual that comes with their job.

Namely the Constitution.

 

[Seagrave1963]

As of last Thursday, the hearing for this bill and HB 22 have been cancelled...So they will either be rescheduled or they will be pulled.

 

[dgapilot]

#1. Don't call 911 until after the fact. Where I live it will be 30 to 45 minutes before they get there anyhow.
#2. With the loss of our IV amendment rights, I can see why a politician would want this to protect the cops that break down your door unannounced.

 

[dblas]

The committee hearing for this has been cancelled, no news if it going to be rescheduled or pulled completely.