Is it lawful to shoot an intruder who reaches for his waistband behind his back

[4g64loser]

And who has the hammer?

Both subjects..... about face for hammer check!

And to rob, I am not in any way suggesting that a shooter speak to police beyond identification and the assertion that the assailant was the aggressor. Any competent criminal defense attorney will (hopefully) be versed in these matters but SME witnesses on stand (for either side) will likely be using Graham or a similar analysis framework when they respond. It behooves the aspiring carrier to at least learn the rudiments of a use of force continuum as a tool for analyzing their own "what ifs" and those presented by their peers.

 

[Tower43]

Remember, police have a “cooling off” period in which their IA can’t even get statements so they have an opportunity to “process” a shooting. They never give you the same time. Investigators are well trained to get you talking.

I like the advice here:

 

[normbal]

He made a furtive gesture, I was in fear for my life, I shot him until I no longer sensed a threat to my life and family. I want to talk to my lawyer.

That about right?

 

[Blaster229]

He made a furtive gesture, I was in fear for my life, I shot him until I no longer sensed a threat to my life and family. I want to talk to my lawyer.

That about right?

A furtive movement is not a MEANS of deadly force. Furtive movement reaching for a weapon, sure.
Raising your hand real fast to scratch your forehead can be a furtive movement.

What did he do or have that is deadly? You need to satisfy that.
You need.....

MEANS - A deadly weapon, something physically lethal that can cause death or serious bodily injury.

OPPORTUNITY - Typically this is proximity to you. How close? How far away? 100 yards away with a knife or bat is a no go. 3 yards? Different story.

INTENT - Did he project his intention with the lethal threat? " I am fcking going to kill you!" Something to that affect. Or run towards you with a weapon.

But people will simply say that being inside the house without any of those things is good enough to kill someone. They make up all kinds of what if excuses because Maryland's version of the "Castle Doctrine".

Me personally, If I am already drawn on someone, I need to see a weapon. I already have the drop on them, so my training and ability allows me that scenario.

YMMV

 

[GuitarmanNick]

Noticing a lot of, "Is it legal to shoot someone ....?" postings since the SCOTUS ruling.

Just remember, in Maryland, you had better be under a real threat if you "defend" yourself using a firearm.

Target identification and what lies beyond it are critical before firing whenever using a firearm.

 

[Brychan]

He made a furtive gesture, I was in fear for my life, I shot him until I no longer sensed a threat to my life and family. I want to talk to my lawyer.

That about right?

Nope. The only reply to what happened is, I am too upset to talk right now, and I would like to confer with my lawyer, before making a statement. Thank you.

 

[Blaster229]

Noticing a lot of, "Is it legal to shoot someone ....?" postings since the SCOTUS ruling.

Just remember, in Maryland, you had better be under a real threat if you "defend" yourself using a firearm.

Target identification and what lies beyond it are critical before firing whenever using a firearm.

Depends.
I'm sorry. But if you were standing directly behind someone pointing a gun at me, I'm shooting them.
Re-think that whole "rules of firearm safety" crap when talking about self defense.

 

[swinokur]

Yep facing an IM charge is better than being dead


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[teratos]

Depends.
I'm sorry. But if you were standing directly behind someone pointing a gun at me, I'm shooting them.
Re-think that whole "rules of firearm safety" crap when talking about self defense.

It’s for the greater good.

 

[Blaster229]

It’s for the greater good.

I'm not missing and pretty sure the round isn't going through the threat.

 

[urbantchr]

He said it was an intruder, not just someone standing there.

There was an incident a year or two ago, I think it was in Woodbine... a drunk individual was trying to return to his friends' house. He beat on a neighboring door repeatedly, yelling incoherently, possibly including threats like "I'm gonna kick your ..." because he thought he was being f-ed with by his friends.

The homeowner shot him through the door because he thought he was about to break through. Homeowner was not charged.

A DA speaking to a self-defense class indicated through an anecdote that firing a warning shot through a door when unable to see the attacker is appropriate

 

[Allen65]

A DA speaking to a self-defense class indicated through an anecdote that firing a warning shot through a door when unable to see the attacker is appropriate

That advice is going to land someone in prison. "Know your target and what's behind it" is one of the core firearms handling rules. Shooting blindly through a door is a good way to risk hitting an innocent. Plus, there's the whole 'immediacy of the threat' issue if the attacker-to-be is still on the other side of a closed door. It's hard to imagine a legally defendable self defense case where the trigger was pulled without line of sight to the intended target.

 

[rbird7282]

A DA speaking to a self-defense class indicated through an anecdote that firing a warning shot through a door when unable to see the attacker is appropriate

That DA is a moron


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[Allen65]

That DA is a moron


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Maybe the DA wants some easy wins against otherwise lawful firearms owners?

 

[eruby]

Is it legal to shoot an intruder who's eating a corned beef sandwich on white bread, with mayonnaise?

 

[Mike]

You mean like this?

 

[E.Shell]

Is it legal to shoot an intruder who's eating a corned beef sandwich on white bread, with mayonnaise?

Yes, same as if he were putting ketchup on a hot dog, no difference.

 

[Brute]

Is it legal to shoot an intruder who's eating a corned beef sandwich on white bread, with mayonnaise?

Yes, same as if he were putting ketchup on a hot dog, no difference.

Wow, we went from a hypothetical home invasion to crimes against humanity.

 

[Allen65]

Is it legal to shoot an intruder who's eating a corned beef sandwich on white bread, with mayonnaise?

Add lettuce and tomato, and you get to "yes".

 

[eruby]

Add lettuce and tomato, and you get to "yes".

So the white bread and the mayo are jake?

You're NOTHING to me now, Fredo....