"assault rifle" for home defense = legal issues?

If my family is in danger and I kill an intruder or intruders I'm damn sure not worried about what gun I pick up to do it. A question to answer would be "Is the gun you shot the BG or guys with in your possession legally and if it's an EBR is it 922r compliant?" Is the use of deadly force justified? If you comply use what you have to use. Family first.. An anti will find fault in whatever you shoot BG's with. Just my thoughts and no means legal advice.

Here is a short guide for use of deadly force. Check your state laws.

1.You may use deadly force only if you have a reasonable belief of an imminent danger of death or serious bodily injury
2.If you do not have all of these elements, do not even show your weapon—you will likely be facing a criminal charge
3.You get the protection of this law only if you are not engaged in unlawful activity and you’re in a place where you have a right to be
4.You CANNOT use deadly force to protect property because there is no danger of death or serious bodily injury: the threat has to be against a person, not a thing
5.The threat has to be imminent: it has to be about to happen now
6.You do not have a duty to retreat before using deadly force if you hold a reasonable belief of an imminent danger of death or serious bodily injury, and you do not have to give any kind of warning, verbal or otherwise
7.The no duty to retreat concept applies in and around your home, as well as out in public
 
The way things are going... soon you will have to use HIS gun, cause only criminals will have them.

Just kidding with the paranoid crap....I think?

Welcome, at least it was an amusing thread.
Keri
 
It's sad but it's true that as the OP suggested, I would not be surprised if the type of weapon used came into play.

Empty your wheel gun and I'd bet a jury would look at it differently than emptying your AR.
 
fencer said:
It's sad but it's true that as the OP suggested, I would not be surprised if the type of weapon used came into play.

Empty your wheel gun and I'd bet a jury would look at it differently than emptying your AR.
Click to expand...
People who think like this are defeated before the start.

You will be so overcome with doubt, recriminations, and second guessing thatyou will never shoot.
 
Jose said:
People who think like this are defeated before the start.

You will be so overcome with doubt, recriminations, and second guessing thatyou will never shoot.
Click to expand...

In most cases you're right. We all hear the grandma drew down on the bad guy and emptied the mag in his back stories, but in reality you need nads dragging the ground to squeeze one off with intent to kill. Then again the BG has big kahuna's to look down the barrel of my arsenal not knowing IF I'm going to send him into permanant lala land.

derrick lui said:
whoa whoa whoa wait a min, in MA the "no duty to retreat" does not apply out to public. You have to retreat out in public.
Click to expand...

That's why I said check your state laws. Kudos for picking that out and applying it for MA.
 
Last edited:
fencer said:
It's sad but it's true that as the OP suggested, I would not be surprised if the type of weapon used came into play.

Empty your wheel gun and I'd bet a jury would look at it differently than emptying your AR.
Click to expand...
I agree. This is the ultra-corrupt, ultra-liberal People's Republic of Taxachusetts after all.

CLMN
 
Ok, need to clear a few things about my post:

1. I understand what needs to be encountered before using deadly force to put down an intruder that is about to hurt my family.

2. I have absolutely no fear or hesitation of doing what is necessary to put down a person who is about to harm my family or myself.

3. I already know what I am going to grab/use if a situation ever arises and already have a plan of action depending on the situation.

4. Like some here have accused me, I'm not hesitant on doing what is necessary because of legal ramifications.

5. I was merely voicing a thought that popped into my head while I was on my "thinking spot" [wink].

6. I know I have opened up a can of worms and many of you here now think of me as a __________ (insert word here).
 
Last edited:
CLMN said:
I agree. This is the ultra-corrupt, ultra-liberal People's Republic of Taxachusetts after all.
Click to expand...
Of course the OP is in CT[laugh]

"All your states are belong to us"

6fthook said:
4. I was merely voicing a thought that popped into my head while I was on my "thinking spot" [wink]
Click to expand...
What's the old saying - "if you find yourself in a hole - stop digging!"[laugh]
 
To the OP: you will find opinions on both sides of the spectrum on this one. Me? I'll be defending with whatever I have available, I like being alive.
 
edmorseiii said:
Might want to check out box of truth about the holes in walls and whats going to over penetrate.

http://www.theboxotruth.com/
Click to expand...

For those too lazy to look it up, every handgun caliber from 9mm on up and every rifle caliber went through 12 sheets of Sheetrock (3 interior walls), a 22lr went through 6 sheets or 3 walls. FMJ or hallow-point made no difference. The hollow-points filled up with Sheetrock after the first sheet and then effectively became FMJ rounds. They also tested simulated walls with insulation and the insulation had no effect. That last bit is obvious, but some people don't take the time to think it through.

What they have not tested is seeing how many sheets would a bullet encountering resistance (IE a person) go through after exiting that resistance.

What do I use for HD? I use a handgun because it can easily go with me anywhere in the house concealed on my person.

If I could have quick access, I would chose an AR-15 as my HD gun. I don't really care what a jury thinks of the gun I use. The only unfair fight is the one you lose. I want every advantage I can get. There is a reason we lost Vietnam, and are currently not doing so well in Afghanistan: we let politics get in the way of fighting. The same is true with defending your self and others: greet the attacker with overwhelming firepower and know that you did the best you could to save your life or those around you.

If I am jailed for saving those around me because I used a firearm that looks evil, so be it.
 
soloman02 said:
For those too lazy to look it up, every handgun caliber from 9mm on up and every rifle caliber went through 12 sheets of Sheetrock (3 interior walls), a 22lr went through 6 sheets or 3 walls. FMJ or hallow-point made no difference. The hollow-points filled up with Sheetrock after the first sheet and then effectively became FMJ rounds. They also tested simulated walls with insulation and the insulation had no effect. That last bit is obvious, but some people don't take the time to think it through.

What they have not tested is seeing how many sheets would a bullet encountering resistance (IE a person) go through after exiting that resistance.

What do I use for HD? I use a handgun because it can easily go with me anywhere in the house concealed on my person.

If I could have quick access, I would chose an AR-15 as my HD gun. I don't really care what a jury thinks of the gun I use. The only unfair fight is the one you lose. I want every advantage I can get. There is a reason we lost Vietnam, and are currently not doing so well in Afghanistan: we let politics get in the way of fighting. The same is true with defending your self and others: greet the attacker with overwhelming firepower and know that you did the best you could to save your life or those around you.

If I am jailed for saving those around me because I used a firearm that looks evil, so be it.
Click to expand...

+1000

If someone is so concerned about what a jury will think, waive your right to trial by jury if it ever comes to that.
 
cekim said:
I find your analysis not only incorrect, but deeply offensive and potentially illegal - I am forwarding this post to the AG's office... [laugh]
Click to expand...

No need, the MA AG's office has already read it before the electrons settled down on the HDD. Black helicopters will be visiting Greg momentarily.

only 1/2 kidding
 
6fthook said:
Ok, need to clear a few things about my post:
5. I was merely voicing a thought that popped into my head while I was on my "thinking spot" .
Click to expand...

Oh Why didn't you tell us earlier your thread originated on the throne? No wonder.[smile] Your OP question was a good one and will certainly get every possible view point on the subject with no conclusive answer to your question. But...you'll be educated.
 
Knuckle Dragger said:
Please, please, please stop this crap. You're being a tool and a troll. What exactly makes you think that you'd be subject to criminal prosecution for doing something legal like defending yourself in your home. (Or is CT different from MA????) We have many, many examples of people suffering NO criminal jeopardy from doing what you're talking about. And we have NO examples of people being subject to criminal prosecution for the straight forward defense of their homes and families.

Please stop feeding this erroneous belief that people are routinely prosecuted for simply defending themselves. You're reading too much Ayoob.

Disclaimer: if you're talking about civil litigation all bets are off. You can get sued for wrongful death if a home invader trips on your cheap throw rug and impales himself on one of those tacky candle stick holders you got at the Pottery Barn.
Click to expand...

Gary Fadden, Fairfax cty VA, AC556, 22 mile chase. One perp dead, HK salesman prosecuted and persecuted for defending his life in a good shoot simply because he used the legally owned AC556 in FA. It's already happened and there was no legal basis for the prosecution. It isn't trolling to ask.

drgrant said:
FWIW I think you're being a little bit harsh on the guy here. A "Troll" implies malicious intent to disrupt something, and I certainly don't think that's the case here.
Click to expand...

Agreed.

LenS said:
Black helicopters will be visiting Greg momentarily.
Click to expand...

Are you kidding, they are in permanent hover over his location 24x7. [grin]
 
Okay, I retract the troll comment - sorry. I'm also not trying to dump on newbies. We've got people for that.

But, we've got enough things to focus on correcting without imagining issues that don't exist.

To the OP: Please don't take it personally.
 
Last edited:
terraformer said:
Gary Fadden, Fairfax cty VA, AC556, 22 mile chase. One perp dead, HK salesman prosecuted and persecuted for defending his life in a good shoot simply because he used the legally owned AC556 in FA. It's already happened and there was no legal basis for the prosecution. It isn't trolling to ask.
Click to expand...

That's a good cite, but still a corner case I think. Out side the home, select fire weapon and 25 years old. I don't believe it's entirely applicable. We have lots of recent examples here in NE of perfectly legitimate home defense shootings and I'm unaware of any malicious prosecutions. There have certainly not been routine prosecution in these cases.
 
I keep a tube of camo face paint , a huge bladed farm tool , and a swamp in my bedside table.

When the BG's come for me. I will listen to the Doors for a while , paint my face, and slip into the swamp. Then I can slowly brake the surface of the water while the BG's are getting wasted and cut their heads off with a perfectly PC , eco friendly farm tool.

After that An Airstrike. Sell the House. Sell the car. Sell the kids. I'm not coming home.
 
I've done a ton of reading and research on this very question. On the one hand we desperately want to provide our families with the safest of homes and ultimate protection.

On the other hand we don't want to be thrown under the bus by some overzealous DA who preaches about the evils of the weapons we choose to protect our families.

It is about balance. It is the ying and yang of decisions.

So far, my research has shown the following provides the best combination of safety and legal defense:

http://www.youtube.com/watch?v=joDjwtjIQS8
 
38 special wheel gun is your best bet.

If you use an AR or AK you can bet your ass his lawyer will be holding it up in court saying you were laying in wait! And yes that would scare the crap out of a jury made up of Ma sheep.
 
radioman said:
38 special wheel gun is your best bet.

If you use an AR or AK you can bet your ass his lawyer will be holding it up in court saying you were laying in wait! And yes that would scare the crap out of a jury made up of Ma sheep.
Click to expand...

Best bet for what , though ? To not scare a jury ? or to protect your family ?

Q: Why not my Winchester 94 Trapper , then ? Short barrel , 6 rounds of 44 rem mag wallop.
A: Because even though it'll knock anything in North America on it's arse , it's my least familiar firearm. My AR-15 with Aimpoint might be scary looking. But I can operate it in the dark without thought.

Again , assuming compliance with all Ma Gun law , ( which is everything & everyone here , right ? ) Use the best tool for the job. You're either right or wrong in your actions , not your political correctness. How are you going to know whether the potential jury is anti Handgun & pro long gun ? Hates cowboys & cops but likes soldiers ? Thinks shotguns are nuclear bullet sprayers but AK47s are the choice of the Honorable Resistance Hero's ?

You can't. You can only use the best tool at hand , with the most skill & forethought you can bring to bear in a horrible situation.
 
To the OP: I've read the same articles in gun rags (Ayoob especially) that you have. I don't blame you a bit for being concerned.

One of the great things about NES is that you have a LOT of people who are very much up to snuff on the do's and don'ts of deadly force.

Use whatever you feel comfortable with (and is legal for you to own obviously). My personal choice is the same pump action shotgun I use for shooting skeet only with the shorter barrel on. When my wife and I are downstairs there is always a .45 within a few feet of us.

If you're more comfy with an AR then that's what you should use for home defense.

I DID take off the tacticool pistolgrip/stock on the shotty (it was not very comfortable anyway) and I don't use reloads for home defense, but that's to give me some cover in the event of a civil suit and that's all.
 
Wait a minute. How is it bad to think about what the jury will think? I've got a wife and kids--if I was shooting to protect them, I'd like to stick around to continue to do so. And not be doing 10 to 20 while learning what position Bubba likes best. Or being many grand in debt while defending myself because "he was turning his life around, honest!"

It's a little short-sighted IMO to train for "just in case" and ignore the post-shooting phase. Yeah, I'm sure the anti's would love for us to waste our time thinking about this; but honestly, if anything were to happen, I want to go back to life as before.
 

Similar threads

Finally. Someone with intelligence.
Replies
4
Views
541
LT5
L
Red Raven Defense
Replies
19
Views
581
RPLHVAC
R
Californians Arming Up for Self-Defense as Illegals Flood into Cities
Replies
23
Views
516
mothybee
mothybee
CO Democrats’ ‘Assault Weapons’ Legislation Bans 9mm Pistols With Threaded Barrels
Replies
0
Views
124
Reptile
Reptile
Smith and wesson website issues
Replies
23
Views
474
M1911
M1911
Back
Top Bottom