Concealed Carriers Rules of Engagement

in Massachusetts you have to be declared dead by a coroner before you can draw you weapon right??? I'd draw mine if me or someone else (even a complete stranger) is in immediate danger of death or serious injury.
I am not sure being just "dead" would really qualify as having satisfied your duty to retreat...

I mean, you clearly didn't try to leave if you died... You were just laying there provoking the assailant...
 
In Mass, I understand the law to be that outside the home you must

a) be in fear of death or grave bodily injury
AND
b) be unable to retreat.

Inside the home you have no duty to retreat.

IANAL but I believe this is the standard.
 
when you intend on killng someone..not before..

This is a subtlety that is sometime overlooked. It appears to me that you open yourself up (from a liability standpoint) if you do anything to give someone one last chance, since in essence by your actions you are letting it be known that you really don't fear for your life, otherwise you would have shot the person.

If I fire a warning shot, then I couldn't have really thought that I was seconds away from death.
If I shoot the guy, walk over to a window, and then come back and shoot him again, then I couldn't have really thought that I was seconds away from death.
If I go into my house to retrieve a shotgun, then come outside, and then shoot someone, then I couldn't have really thought that I was seconds away from death.

Brevity being the soul of wit, [wink] I guess the short answer is stated above.
 
This is a subtlety that is sometime overlooked. It appears to me that you open yourself up (from a liability standpoint) if you do anything to give someone one last chance, since in essence by your actions you are letting it be known that you really don't fear for your life, otherwise you would have shot the person.
Well, never say never, but your approach certainly should be the default expectation...

I'd imagine that the exceptions to this rule come into play when you are protecting someone else rather than yourself...
 
A response thats recorded by the responders should contain " I was in fear of my *or others lives. Thats been burned in my memory FWIW! I really think most times unless your a real knucklehead your going to be OK.
 
I understand Ma Law to put me in the place to choose between prison or death , and maybe - a slim ' maybe ' - get " miracle -ed " into being left free. ( and then still losing every cent I own as well as my " right " to keep & bear arms. )

In other words , I expect to be arrested , charged , bankrupted and convicted in the event I ever need to use my handgun to defend my life.

Probably better than being dead , though.
 
In other words , I expect to be arrested , charged , bankrupted and convicted in the event I ever need to use my handgun to defend my life.

I have NRA insurance for up to $50K in legal fees, if the shoot is justified.

It's sad that I should even have to worry about this. If it's justified, I shouldn't have to defend myself in court to prove it in MA and worry about bankrupcy along the way. [frown][sad2][angry]
 
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