legality of home defense with firearm

[Pinecone]

IANAL

Maryland does not have Castle Doctrine codified in the law. But it is covered under common law rules and supported by the courts.

There is a law (§ 5-808 of the Courts and Judicial Proceedings Article of the Maryland Code) that provides immunity from civil suit based on use of deadly force in defense of your home or your business. It does require the person to have entered the home or business.

The State also follows that common law rule that you have the Duty to Retreat, if possible and safe, prior to using deadly force, when outside the home.

https://en.wikipedia.org/wiki/Right_of_self-defense_in_Maryland

 

[5cary]

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.

Not true. I'm pretty sure Joe Biden told us that was okay.

 

[Glaron]

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?

Easy. Just shoot the cocktail in their hand it will blowup covers them in flames...

I think I saw it in a movie.

 

[Glaron]

Not true. I'm pretty sure Joe Biden told us that was okay.

and

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[Decoy]

The castle doctrine in Maryland states that when a person is inside their home, they do not have to retreat. A homeowner is allowed to stand their ground and attempt to defend themselves against an intruder, as long as the use of force is reasonable.

Maryland also has a duty to retreat law that states if a person is defending themselves outside of their home, they have a duty to retreat.

 

[John from MD]

Wait until they are in the house.

And no matter what you "were in imminent fear of your life"

THIS!

And don't go posting "I got out my AT Super Rifle and I blowed thay Fuvker away with all 30 rounds".

 

[Blaster229]

I will once again counter your legally correct answer that is based in hundreds of years of common law in every jurisdiction in the nation with my counterpoint......MARYLAND SUCKS

Then move. No one is keeping you there.
Stop using emotions when it comes to law.

 

[TheOriginalMexicanBob]

A lot of opinions here...most all are open to interpretation. What I'm about to say is what we were told in the academy in the 1980s and is directed to law enforcement officers and may not be applicable to non-LEO.

First...we were told regarding any question of law...self-defense, search and seizure or otherwise...the answer is..."it depends". Which means it depends on the latest court decisions that apply. Regardless of what the criminal code says court precedent is as or more important.

The question of someone holding a molotov cocktail or firebomb...from a police perspective lethal force can be justified as the law generally presumes the structure at risk is inhabited thus life needs to be protected. The question raised is whether one can use lethal force against the subject merely brandishing the cocktail or has to wait for it to be in the "loaded" position...about to be thrown...much like someone brandishing a knife or in the throwing position similar to a pitcher in baseball. Again...the concept of "reasonable" fear may have to be articulated.

In general...one does not have the right to use lethal force against a property crime...arson excepted. Whatever actions you take have to be articulated...no matter how correct you might be if you say it wrong you're screwed. Should something occur and you took action to defend yourself or someone else...make no statements until you have an attorney with you! You will have to give statements to the police...but you don't have to do so until you have counsel. Make no statements to the media or anyone else for that matter. No matter how justified you might be any excited expletive or innocent remark can be picked up on a microphone or written down and repeated out of context or where it can be misconstrued as to its meaning.

Again...I'm talking from a law enforcement perspective and it may or may not apply to non-LEO. We all have to do what we feel...know...is best for any situation we find ourselves in. I want everyone to realize snap decisions may have to be made...maybe for the right reasons...maybe not. We make our decisions based upon the evidence we have at that moment and the consequences have to be dealt with. Be prepared...situational awareness is needed...think ahead for possible courses of action wherever you might find yourself. Stay safe...all of us.

 

[teratos]

Fear should not be something that plays into it. If I have my trusty AR and some dude is coming at me with a knife I may not be afraid, per se, but if I don't neutralize him I'll be a kebab.

 

[TheOriginalMexicanBob]

Then you're demonstrating reasonable fear for your safety. That is a legal requirement.

 

[teratos]

Then you're demonstrating reasonable fear for your safety. That is a legal requirement.

That makes sense.

 

[TheOriginalMexicanBob]

The standard is "what a reasonable and objective man" would do in the same circumstances. I know that's kind of a nebulous and open to interpretation of what "reasonable and objective" means but it is what we were taught in the academy. I guess it's like what Justice Stewart said regarding pornography..."I know it when I see it" even if it can't truly be defined.

 

[euchoreo]

That all makes sense. Honestly, if I saw a person in the process of lighting a molotov while they're standing on my lawn, I wouldn't wait to shoot. Even without my young kids, there's no way I'm going to "retreat" out of my home into a crowd willing to throw molotovs. If I waited until I was sure they were about the throw it, I wouldn't be able to stop them. That would mean they could force me out by smoke and flames.

Luckily, I live a decent distance from the conflict areas, but I am preparing for the situation in case it gets worse or we have a new situation next year.

 

[ezracer]

Wait until they are in the house.

And no matter what you "were in imminent fear of your life"

What if they start throwing shit at your house and breaking windows?? What if they try to catch your house on fire?? Do you think they will come inside to set the house on fire????????

We're living in very bad times. These BLM/Antifa are a different breed.
I WILL NOT stand by and let someone do this to my family/home.

Unfortunately, this is exactly what the radical left wants us to do. They want us to shoot people. This will justify ( in their minds ) the abolishment of 2A and in fact the entire Constitution.

We are between a rock and a hard place. What other options do we have??

If, and that's big if, Trump wins in November, it's going to get w-a-y worse.

I'm past the point of being optimistic. I'm a realist. If the above happens, then we have Anarchy. You are either a victim or you're not.
I am justified......period.

 

[Skipjacks]

Then move. No one is keeping you there.
Stop using emotions when it comes to law.

I'm not using emotions in defense of my home.

I don't thinking you've yet to understand what I am saying.

I did not say I would actually be trembling in fear while I aimed at the intruder

I said my STATEMENT is that "I was in imminent fear of my life"

Notice the quotes. Notice this is my statement about my state of mind during the home invasion that cannot be proved or disproved.

 

[TheOriginalMexicanBob]

That all makes sense. Honestly, if I saw a person in the process of lighting a molotov, I'd shoot regardless of the law. Even without my young kids, there's no way I'm going to "retreat" out of my home into a crowd willing to throw molotovs. If I waited until I was sure they were about the throw it, I wouldn't be able to stop them. That would mean they could force me out by smoke and flames.

Better to try to argue it to a jury that have a bunch of broken bones, or worse.

Luckily, I live a decent distance from the conflict areas, but I am preparing for the situation in case it gets worse or we have a new situation next year.

While you certainly have the right to say that...making such statements in a public forum can come back and haunt you. Should the worst happen and you follow though...no matter how justified...your prior statements can be used against you in a court of law...either criminal, civil or both. You can bet someone would go through all your social media postings and statements like that can be used to show you had a prior mindset to commit such acts...again it matters not how justified you might have been and it will be that much more difficult for your attorney to defend you.

This is a public forum...no warrants are necessary to find such statements made by you, me or anyone else here.

I'm not trying to silence you...far from it. All I'm saying is we need to be a bit more circumspect in our public pronouncements...especially during such charged times as we're experiencing.

 

[Blaster229]

While you certainly have the right to say that...making such statements in a public forum can come back and haunt you. Should the worst happen and you follow though...no matter how justified...your prior statements can be used against you in a court of law...either criminal, civil or both. You can bet someone would go through all your social media postings and statements like that can be used to show you had a prior mindset to commit such acts...again it matters not how justified you might have been and it will be that much more difficult for your attorney to defend you.



This is a public forum...no warrants are necessary to find such statements made by you, me or anyone else here.



I'm not trying to silence you...far from it. All I'm saying is we need to be a bit more circumspect in our public pronouncements...especially during such charged times as we're experiencing.

You can say whatever you want, especially if it's within your self defense rights.
It's not like he's saying "kill 'em all, let God sort 'em out"

 

[TheOriginalMexicanBob]

You can say whatever you want, especially if it's within your self defense rights.
It's not like he's saying "kill 'em all, let God sort 'em out"

But people do say stupid things. I've had people say stupid things upon my informing them they're under arrest and before they're rights get read to them. Such things always work against them in court. They're referred to as "excited expletives" or "excited utterances".

Just because I agree with the actions someone might take in any given circumstances doesn't mean we're not capable of making dumb statements.

 

[Skipjacks]

Fear should not be something that plays into it. If I have my trusty AR and some dude is coming at me with a knife I may not be afraid, per se, but if I don't neutralize him I'll be a kebab.

Yes.

I fear that if I do nothing to neutralize the intruder my life will be in imminent danger

But I can do something, which eliminates my fear

 

[Skipjacks]

.

You will have to give statements to the police...but you don't have to do so until you have counsel. Make no statements to the media or anyone else for that matter. No matter how justified you might be any excited expletive or innocent remark can be picked up on a microphone or written down and repeated out of context or where it can be misconstrued as to its meaning.

.

What about the first interaction with police?

There is someone in your home. You shoot him.

You kinda have to call the police at this point. (Objectively I would say to call first, then grab the gun and defend yourself as you now have a record that you wanted someone else to handle this so you didn't have to kill the intruder, but the situation may not allow for that)

So you are now standing over the body of the intruder. You have to call 911 and tell the cops to come out. I assume you have to tell them why. You can't say "Hey...just send police but I am not making a statement"

So what can you safely say on that recorded call so the cops know what they are responding to?

Is it okay to stick with basic facts? "There was an intruder in my home. I have shot him. Send police and and ambulance"

And what about when the police get there? You have to open the door and give them your name. I assume they are going to want to make sure the threat is over so they will need basic information about what happened. What do you need to say to help the police ensure the house is safe that isn't going to eff you in court?

I always had it in my head that you should ask for an ambulance for the intruder for 2 reasons. 1 because it shows you don't want him to die and 2 because it is the right thing to do for someone who will die without medical help even if he was there to hurt you.