legality of home defense with firearm

[outrider58]

All this nuance.
If you enter my house, you automatically become a threat(and will be dealt withappropriately). Until you reach that point, 911 has been called, police are on the way.
Tis better to be judged by 12 than carried by six.

 

[John from MD]

Use situational awareness...even if you do everything right there's no guarantee you'll prevail...it can still all go to hell on you. But have a plan.

Make this second nature and you may live a long time.

 

[outrider58]

Make this second nature and you may live a long time.

24/7

 

[Pinecone]

Point taken but it would or could be to your benefit to have a plan thought out beforehand on how you would conduct a defense of your home would the worst happen. Where would your family likely to be...escape routes...hardened rooms to retreat to for a stand if necessary...where are the best places for defensive tools...location of wireless/cell phones to call 9-1-1...it all works into a plan.

When I was a LEO whenever I responded to a call for an alarm while on the way I would work out a plan where to leave my cruiser...how to approach...was backup on the way, etc. Have a plan...work the plan...remove as many variables as possible that could trip you up. Make it an unfair fight...as Bill Jordan said in his book..."There are no second place winners".

Use situational awareness...even if you do everything right there's no guarantee you'll prevail...it can still all go to hell on you. But have a plan.

This needs to be a sticky.

Military also works this way. Plan everything. Even if things go to the dumper, it is better to have a plan to work from, than just reacting.

 

[lazarus]

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?

Probably fine. I am not sure what Maryland says on Arson, but the vast majority of states lethal force is legal to use to prevent an arson. I have a hard time seeing a jury jury convicting you of shooting someone about to firebomb your house or car if you or people are inside it.

 

[esqappellate]

Probably fine. I am not sure what Maryland says on Arson, but the vast majority of states lethal force is legal to use to prevent an arson. I have a hard time seeing a jury jury convicting you of shooting someone about to firebomb your house or car if you or people are inside it.

[

Citation for the bolded proposition (other than Texas)? A police officer may use deadly force to prevent arson or apprehend an arsonist if necessary to prevent escape where a reasonable LEO could believe that the arsonist was a serious and continuing threat. That is the rule at common law, at least. see Tennessee v. Garner, 470 U.S. 901 (1985)
But a private citizen?

On the other hand, if you are inside the house or car when the arsonist sets it on fire, then a reasonable person would quite likely conclude that the arsonist was posing a imminent threat to your life or serious bodily injury. IN that case, assuming all the other elements are satisfied (duty to retreat in MD if outside the home), then .....

 

[Tungsten]

IANAL, but if the house was occupied, probably.

But a house with no one in it? Then it would depend on the officers and DA.

civil society is being destroyed by those types of laws.

 

[Pinecone]

civil society is being destroyed by those types of laws.

It has been the law in most areas that deadly force is not acceptable in defense of property, for MANY years. Not a recent change.

Texas is one of the few exceptions.

Louisiana does allow deadly force to prevent a car jacking. That change came about in the 90s when they had a lot of car jackings.

 

[spoon059]

And I believe that each state has its own laws regarding lethal force to protect property and Maryland doesn't allow for it. If a perp is retreating/running away with your property there's no shooting at them. It's SELF defense
Of course we can discuss possibilities to death because Maryland law is so vague and screwed up

Be careful telling people that. I was vilified and told I was wrong when I said that...

Sent from my SM-N970U using Tapatalk

 

[Jk2013]

I was told by a police officer that u must flee to the farthest place in your house before u discharge your firearm. He also told me it would be helpful if the perpetrator had one of “your” knives in his hand as he winked at me

 

[miles71]

I was told by a police officer that u must flee to the farthest place in your house before u discharge your firearm. He also told me it would be helpful if the perpetrator had one of “your” knives in his hand as he winked at me

I really hope people do some real research and don't listen to BS like this.

TD

 

[Redcobra]

When you are a certain age the threat of prison fades dramatically.

 

[lemmdus]

Anyone familiar with the current MD law/ruling on using firearms to prevent someone from breaking into my home or on someone who has illegally entered my home?

Do I still need to prove I was in fear of my life above and beyond the fact that they've broken in?

You're supposed to finish this question with "I am asking for a friend."

 

[lemmdus]

First things first is that you are going to be arrested regardless. So hire a lawyer. but if they are physically inside your home you should have reasonable proof they intended harm. But you also cannot shoot someone who is retreating, shooting someone in the back is pretty indefensible.

Good advice. I would also request medical attention because you will be in shock. Complain of chest pains. The police can deny you medical care at first. Best is to say as little as possible until you have an attorney present. We are in MD, you WILL be arrested and what you say WILL be used against you. Have the number of a lawyer you can call, from the hospital if possible.

 

[jerzboy40]

According to my attorney - Regardless of the reason why a police officer is asking questions "the less I say, the more I increase my chances of not being fined or found guilty".
You don't have to be an ass about it. Just state the obvious; who you are and this is your home, then let them know you don't have anything else to say.
Yup, you're probably going to be arrested, but you didn't give them a rope to hang yourself later in court.

 

[TheOriginalMexicanBob]

When I was a LEO...when I gave a suspect their Miranda rights it always amazed me how many were happy to talk thinking they could talk their way out of things...as if their willingness to talk was indicative of innocence. Quite often they made it easier for me and worse for themselves. If I didn't already have the evidence to support probable cause for the arrest warrant...their talking and saying things completely contrary to the evidence made it worse for them.

 

[niftyvt]

If anyone wants an actual good answer to the topic question they should join USCCA (or similar) and then call one the lawyers and ask.

 

[teratos]

You're supposed to finish this question with "I am asking for a friend."

On sites where people talk about illegal stuff, they start these things off with SWIM (someone who isn’t me).

SWIM found out and let me know.

 

[lazarus]

[

Citation for the bolded proposition (other than Texas)? A police officer may use deadly force to prevent arson or apprehend an arsonist if necessary to prevent escape where a reasonable LEO could believe that the arsonist was a serious and continuing threat. That is the rule at common law, at least. see Tennessee v. Garner, 470 U.S. 901 (1985)
But a private citizen?

On the other hand, if you are inside the house or car when the arsonist sets it on fire, then a reasonable person would quite likely conclude that the arsonist was posing a imminent threat to your life or serious bodily injury. IN that case, assuming all the other elements are satisfied (duty to retreat in MD if outside the home), then .....

Sorry, occupied dwelling or vehicle. Maybe I don't know the case law on it well, but most states allow you to counter deadly force with deadly force. Isn't burning the vehicle or structure you or another person is in deadly force?

 

[EastWest]

This needs to be a sticky.

Military also works this way. Plan everything. Even if things go to the dumper, it is better to have a plan to work from, than just reacting.

Agreed. Under pressure, you don't do what you know. You do what you've practiced. Knowing the best practices and MD law helps us make a clear plan and rehearse it either mentally or physically so that we don't freeze due to indecision when an emergency happens.

Also, the current political climate, it seems you can't even shoot someone if they're pointing a taser at you