Armed Robery In My F****** House!!!!!!

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kiditsmaug

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So I get a phone call from my roomates sayign 2 hispanics with revolvers rang my doorbell and rushed in the house ramsacking everything (money, xbox, cell phones, safes)... pointing guns in his face and yelling

I live in a 3 floor apartment and we're all best friends in the house so they went right to the 3rd floor w/o checking any other floors making sure nobody else was around.. (STUPID MISTAKE BY THEM)

mind you I got my licence 2 carry and a Ruger P345 A WEEK AGO!!!

Thank god no body was shot or injured

I was at the movies and had my gun with me, , but the question I ask is if anyone ever had encountered a situation like this before.

Found out they were wicked careless about the way the kept my roomate in his sight while searching the house.

If I HAD been home and shot both of them dead in their tracks, legallay would I have been screwed? BECAUSE I'M TELLING YOU NOW, I WOULDN'T HAVE THOUGHT TWICE ABOUT PUTTING A BULLET INTO EACH OF THEM..

So In a way I am thankful I didn't have to use it, but what woudl the repocussions be if somethign like that happens in the future and i killed them both?

-matt
 
If you were shoot some scumbag who comes into your home and points a gun in your face, and the DA moved forward with charges against you, would you send me his name and address so I could personally kick him in the nuts.
 
Yeah, if they force their way into your house with guns pointed at you and your roomies...it's a pretty clear situation of self defense to me. We've had stuff like that happen a few blocks away. Not right in my neighborhood but there have been home invasions pretty close by.

I keep my pistol close by, god help the fool who breaks down my door. I'm usually up very late anyway so they'll get what they deserve if they come here and try to hurt me.
 
Myself and a few other NESrs live in the New Bedford area. Its getting pretty bad here and I'm glad I have my LTC. Unfortunately getting one is like pulling teeth around here but you can get lucky if you play your cards right.
My Glock is never far from me and I wouldn't think twice about emptying the mag into 2 armed intruders. After all, judged is better than dead.
 
I'm sure the legal eagles will correct me if I'm wrong, but I believe Castle Doctrine gives you the right to defend yourself in your own home so you should be protected under law if you shoot somebody who has illegally entered your "castle" (which I also believe recently was changed to include attached porches). As to whether or not you'd get your LTC yanked is entirely up to the level of moonbattiness of your issuing COP.

Though I'd hazard a bet that if anyone on this forum ever got him/herself into a position where they had to go to court to defend their proper use of a firearm for self-defense we'd hold a fund-raiser at the very least...
 
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SR, slight but important correction.

MA's "Castle Law" is actually an "affirmative DEFENSE" law. So it allows them to prosecute you and YOU RAISE THE DEFENSE that you had a legal right to do what you did. It's a law that is guaranteed to bankrupt you in order to stay out of prison.

Better than what we had before this law, but certainly different than a "defined right to defend oneself".
 
SiameseRat said:
Though I'd hazard a bet that if anyone on this forum ever got him/herself into a position where they had to go to court to defend their proper use of a firearm for self-defense we'd hold a fund-raiser at the very least...
Click to expand...

Hey, that means a lot man. appreciate it.. I'll keep you all informed of what happens next. I want detective down at the house today taking prints off the plasma TV caues they dtried yanking it off.. no gloves, no masks, no hats.. stupid ass people..
 
LenS said:
SR, slight but important correction.

MA's "Castle Law" is actually an "affirmative DEFENSE" law. So it allows them to prosecute you and YOU RAISE THE DEFENSE that you had a legal right to do what you did. It's a law that is guaranteed to bankrupt you in order to stay out of prison.

Better than what we had before this law, but certainly different than a "defined right to defend oneself".
Click to expand...

I just spent the last little bit perusing MGL. Every attempt I made at searching for the exact wording brought me to legislation regarding the sale of hearing aids [thinking]

I tried searching for "castle doctrine", "castle law", plain old "castle" then "personal defense", "self defense" "firearm defense" "home defense" nothing brought me to the right link. Just sales of firearms and sales of hearing aids.

Effin' legalese... [frown]
 
kiditsmaug said:
Hey, that means a lot woman. appreciate it.. I'll keep you all informed of what happens next. I want detective down at the house today taking prints off the plasma TV caues they dtried yanking it off.. no gloves, no masks, no hats.. stupid ass people..
Click to expand...

Fixed it for you [smile] Hi I'm Jen [wave] no problem and welcome aboard!
 
Interesting how they picked your apartment in that particular house.
Have there been any similar reports of like incidents in your neighborhood or the city?
I'd be looking for a new place to live.
 
JellyFish said:
I keep my pistol close by, god help the fool who breaks down my door. I'm usually up very late anyway so they'll get what they deserve if they come here and try to hurt me.
Click to expand...

+1

I have a pistol AND a rifle handy for home invaders. 15 rounds of 9 mm Speer Gold Dots and 30 rounds of 223 Hornady 75 BTHP.
 
Unfortunately here in the great state of MA... they would prefer you leap out your thirdfloor window and allow the scumbags (alleged of course) do as they will. God forbid you attempt to defend yourself with and evil gun... silly boy... those are for cops and crooks... not law abiding citizens.

sarcasim aside...

MA does not have a castle doctrine as LenS stated. You are suposed to retreat from your home if you can and/or hide like a little bitch crying in a closet.

No me personally,

I would unload my mag on the MOther EFFERS and reload. Never taking my aim off of them.

then dial 911, give them your address, tell them there was a home invation and the attackers have been shot.

Then call a lawer. One recommended by GOAL.

When the cops show... keep your mouth shut and await your lawer.
 
Round Gun Shooter said:
I am glad your room mates are OK. Get some better locks.
Click to expand...

I think they may have opened the door, which reminds me that after my recent home invasion I had meant to talk to my wife about opening the door to strangers.

Sorry to hear about your troubles, I'm glad no one got hurt. Hopefully the uninvited guests will get theirs at a later date, they usually do.
 
Glad to hear nobody was harmed. Though I agree I would defend my property - better off you did not have to deal with the mess.. literaly.
 
http://www.mass.gov/legis/laws/mgl/278-8a.htm

But as I've said several times before, when it's really a self defense situation, one of the last things you'll be concerned about is what the law might have to say about the matter. Before hand, hopefully; afterward, definitely; but at that particular time, no bleepin' way. You'll either just do what needs to be done, or you won't. The law won't have a damn thing to do with it.

Ken
 
matt1956 said:
sarcasim [sic] aside...

MA does not have a castle doctrine as LenS stated. You are suposed [sic] to retreat from your home if you can and/or hide like a little bitch crying in a closet.

....then dial 911, give them your address, tell them there was a home invation [sic] and the attackers have been shot.

Then call a lawer [sic]. One recommended by GOAL.

When the cops show... keep your mouth shut and await your lawer [sic].
Click to expand...

Perhaps the more generous individuals here will take up a collection and buy this person a clue. It's probably the ONLY way he'll ever get one.........[rolleyes]

Here are the statutes our intrepid Home Defender and Legal Analyst claims don't exist in this state:

G.L.c. 278, § 8A. Killing or injuring a person unlawfully in a dwelling; defense.

Section 8A. In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling. There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling.


G.L.c. 231, § 85U. Death or injury to unlawful dwelling occupants; liability of lawful occupants.

Section 85U. No person who is a lawful occupant of a dwelling shall be liable in an action for damages for death or injuries to an unlawful occupant of said dwelling resulting from the acts of said lawful occupant; provided, however, that said lawful occupant was in the dwelling at the time of the occurrence and that he acted in the reasonable belief that the person unlawfully in said lawful dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said lawful occupant used reasonable means to defend himself or such other person lawfully in said dwelling. There shall not be a duty on said occupant to retreat from such person unlawfully in said dwelling.

Bold added to assist the learning-disabled.
 
I only had one magazine
Click to expand...

That brings up a good point. By MA law, we may be able to defend our dwelling with force, when force in presented... but what if we do unload 15 rounds into the guy (or 10 if your a LTC-B)?

Is there an instance in MA where somebody was brought up on charges for 'excessive' force in defending themselves? Or perhaps the amount of force used is brought up against them in court... such as the hollow points in the Mr. Fish case that has been posted recently.

BTW, I'm glad nobody was hurt in the break in. It could easily have gone wrong.

Like the sumbitter, I would like to think I would use the appropriate force to defend my self, but things do change with a gun in your face. I hope I never have to find out how I'd react.
 
KMaurer said:
http://www.mass.gov/legis/laws/mgl/278-8a.htm

But as I've said several times before, when it's really a self defense situation, one of the last things you'll be concerned about is what the law might have to say about the matter. Before hand, hopefully; afterward, definitely; but at that particular time, no bleepin' way. You'll either just do what needs to be done, or you won't. The law won't have a damn thing to do with it.

Ken
Click to expand...

See- if only I'd tried "dwelling..." Thanks for pulling that up Ken. I couldn't find it for the life of me.
 
sarcasim [sic] aside...

MA does not have a castle doctrine as LenS stated. You are suposed [sic] to retreat from your home if you can and/or hide like a little bitch crying in a closet.

....then dial 911, give them your address, tell them there was a home invation [sic] and the attackers have been shot.

Then call a lawer [sic]. One recommended by GOAL.

When the cops show... keep your mouth shut and await your lawer [sic].
Click to expand...

A QUINTUPLE [sic] slap! Holy jeez! Scriv is on a roll! [laugh]

(eta: Thank you Scriv for also clarifying the information that I was somehow incapable of finding on my own. I think I'm too stubborn to keep up with legal lingo. I prefer speaking English... [wink])
 
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JonJ said:
Interesting how they picked your apartment in that particular house.
Have there been any similar reports of like incidents in your neighborhood or the city?
I'd be looking for a new place to live.
Click to expand...



It's a frat house and all 8 of us own the 3 floors, so... they ramsacked all 3 floors
 
Isn't there also something about the 'victim' not being able to sue as well???
Click to expand...
I'm not a lawyer and I don't play one on TV. But my naive reading of the law that Scriverner posted does not lead me to believe that you can't be sued. You may win the legal case (perhaps relatively quickly if you are lucky), but you can still get sued.

My reading of the law is that you are not liable provided that all of the following tests are met:

1) you were a lawful occupant of the dwelling
2) the assailant was an unlawful occupant of the dwelling
3) you acted in "reasonable belief that the [assailant]...was about to inflict great bodily injury or death..."
4) that you used "reasonable means to defend himself..."

I suspect that if you were sued in such a circumstance, the plaintiff's council would be trying to prove that a) you were not in danger of death or grave bodily injury and/or b) that the actions you took to defend yourself were not "reasonable" -- i.e., were not proportional to the threat.

If the plaintiff's council can disprove any of tests 1-4, then you may be liable.

Perhaps our legal beagles on the board could correct my legal misinterpretations.
 
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