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

SiameseRat said:
(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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Don't feel bad; I'VE had trouble finding it and I know it's there. Yes, it's the use of "dwelling" that is the problem. I find "intruder" works, however.
 
First off, glad to hear no one was hurt.

Secondly, I'll add my two cents on this:

MidKnight said:
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)?
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That's why my home defense gun only carries 8 rounds. 'Course, it's 00 buckshot...
 
How can you store a long gun in ready condition in MA? It seems to me that life jacket would take too long. It would better to use a quick access safe and handgun.

Or better yet have it on you and use the handgun to fight your way to the long gun ;-)
 
adweisbe said:
How can you store a long gun in ready condition in MA? It seems to me that life jacket would take too long. It would better to use a quick access safe and handgun.

Or better yet have it on you and use the handgun to fight your way to the long gun ;-)
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You train to load the gun QUICKLY. I can toss five shells into my Winchester in approximately 4 seconds. In the dark.

Alternately you can store it in a locked container already loaded...
 
doors.jpg
 
Scrivener said:
There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling.
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I've lived in MA too long... when I first skimmed this post I read this as:

There shall be no [TAX] on said occupant to retreat from such person unlawfully in said dwelling.

And was surprised the state wasn't going to try to get money out of me!!

Guess it's been a long day!

Glad nobody got hurt!!
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Scrivener said:
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.
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I interpret this law as follows:

So for instance if a gang of thugs bum rushed into my dwelling,but were carrying no weapons,I WOULD be held liable for any deaths that occur because they didn't have weapons and therefore posed no threat of bodily injury or death.
 
Greg,

Not exactly. You'd be forced to PROVE that the disparity of force (3 or 4 of them) against you justified the use of lethal force.

It's an "uphill battle" that you might win or lose!
 
Greg said:
I interpret this law as follows:

So for instance if a gang of thugs bum rushed into my dwelling,but were carrying no weapons,I WOULD be held liable for any deaths that occur because they didn't have weapons and therefore posed no threat of bodily injury or death.
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I think in that particular scenerio, the odds against you would prevail in your favor I.E. 3 or 4 individuals vs. 1 individual.

From the legal/law perspective this may be a grey area. Though I would think with you being unable to ascertain if they had weapons on them or not at the time of the break-in and "Assault" (by legal definition on yourself) that you acted in a reasonable manner to defend yourself.
 
Greg said:
I interpret this law as follows:

So for instance if a gang of thugs bum rushed into my dwelling,but were carrying no weapons,I WOULD be held liable for any deaths that occur because they didn't have weapons and therefore posed no threat of bodily injury or death.
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Then you'd best not make the attempt, as your interpretation is more specious than substantive.
 
LoginName said:
"But why did you shoot him 15 times"?

"I only had one magazine".
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Y'know, in the situation that the OP outlined (two armed intruders) I can easily see someone panicking and unloading the magazine into the intruders. I have to wonder how something like that would play out to a DA.

Moreover, if said shooter was, say, an IDPA competitor, what would happen if his experience took over and he automatically reloaded - and kept shooting? Is "he was still moving" a defense?
 
Moreover, if said shooter was, say, an IDPA competitor, what would happen if his experience took over and he automatically reloaded - and kept shooting? Is "he was still moving" a defense?
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All it takes is a single round that should not have been fired to go from a justified shoot to murder.
 
dwarven1 said:
Y'know, in the situation that the OP outlined (two armed intruders) I can easily see someone panicking and unloading the magazine into the intruders. I have to wonder how something like that would play out to a DA.
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Police have done "mag dumps" quite a few times. I'm guessing it would
be a lot "worse" legally speaking if the defender had to shoot the guy while
he was on the ground, etc.

In one case in Indiana, a pizza hut guy who was CCWing on the job against
company rules ended up dumping his entire P99 9mm mag into a guy who
was trying to rob him with a pistol. He did this because the attacker did not
drop his gun or fall to the ground... so he kept pulling the trigger until the guy stopped
pointing the gun at him, and by that time he was on the ground. He ended up getting
acquitted (at what stage I forget... it didnt seem overly complicated or drawn out.. its
possible it never made it to or past a grand jury) That's Indiana, though.... the state
I believe which produced the idea of a lifetime CCW that doesn't
expire! I'd say that dollars to doughnuts their ROE doesnt suck the way
it does here, and they probably have less lame DA's there, too.

-Mike
 
Can you legally store a loaded shotgun in a locked safe?
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Yes. There is nothing in the storage part of the law that covers loaded or unloaded.

http://www.mass.gov/legis/laws/mgl/140-131l.htm

Folks, you really need to read and understand the MA law. You know the saying that "ignorance of the law is no excuse"?

I suggest you get Chief Glidden's book and read it. Then contact a competent attorney if you have questions.
 

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