Home Defense by Unlicensed Spouse (Castle Doctrine?)

[Finalygotabeltfed]

Tried by twelve or carried by six.

Any person who sits on a jury and convicts someone for defending their own life or family in their own home for lack of a "license" is unfit to live in society, let alone sit in judgement of another.

 

[MisterHappy]

Finally:

You're forgetting that self-help is frowned upon.

 

[Finalygotabeltfed]

Finally:

You're forgetting that self-help is frowned upon.

They can frown upon it all they want, they'll never convince me to act otherwise. When seconds count, the cops are only minutes away.

 

[namedpipes]

When seconds count, the cops are only minutes away.

The average response time for 911 is 20 min., the average response time for .357 magnum is 1400 FPS.

 

[Len-2A Training]

Tried by twelve or carried by six.

Any person who sits on a jury and convicts someone for defending their own life or family in their own home for lack of a "license" is unfit to live in society, let alone sit in judgement of another.

Have you seen the knuckle draggers and mouth breathers who pass for residents of MA!! Bet your future life on a fair-minded judge or jury in MA is like playing Russian Roulette with a semi-auto handgun!!

 

[midas]

Hello everyone, I am new to the forum.

I’ve been trying to understand some of the MA convoluted laws. I am a greencard holder with an FID, my wife is a citizen , LTC-A holder.
I'm trying to figure out if my understanding is correct on the following points:

- The only way I can legally use my wife’s handguns is on the range under her direct supervision. I cannot legally use her handguns for home defense since I do not hold the appropriate LTC license.

- We can store both my shotguns and her handguns in the same gun safe (that I have access to) as long as her handguns have a trigger lock that I cannot open. Is a cable lock that runs through the action and magazine well good enough, or is the trigger lock a must?

Please correct me if anything in the above statements is wrong.

 

[Len-2A Training]

Welcome.

You are correct.

Legally at no time can you be alone with any handguns, large capacity long guns or large capacity mags (or have access to same).

You can shoot anything under the direct supervision of someone with the appropriate license.

I am of the opinion that you indeed would be prosecuted if you used one of her handguns for self-defense, absent her presence right beside you.

Yes you can store them together as long as you have no access to them. Trigger locks, cable locks, locked cases or safes will all meet that standard assuming you have no access to the keys.

 

[Pinion]

I'll be sure to tell my wife that while Im not home, she can defend herself with anything in the house except a gun.



Give me a break. I'm sure that even a public defender could handle this.

 

[Blitz1]

Welcome.

You are correct.

Legally at no time can you be alone with any handguns, large capacity long guns or large capacity mags (or have access to same).

You can shoot anything under the direct supervision of someone with the appropriate license.

I am of the opinion that you indeed would be prosecuted if you used one of her handguns for self-defense, absent her presence right beside you.

Yes you can store them together as long as you have no access to them. Trigger locks, cable locks, locked cases or safes will all meet that standard assuming you have no access to the keys.

Get a shotgun. Low capacity of course.

 

[Jamie]

Eff that, do whatever you have to to take care of the situation at hand and figure out the rest later.

 

[Blitz1]

Hello everyone, I am new to the forum.

I’ve been trying to understand some of the MA convoluted laws. I am a greencard holder with an FID, my wife is a citizen , LTC-A holder.
I'm trying to figure out if my understanding is correct on the following points:

- The only way I can legally use my wife’s handguns is on the range under her direct supervision. I cannot legally use her handguns for home defense since I do not hold the appropriate LTC license.

- We can store both my shotguns and her handguns in the same gun safe (that I have access to) as long as her handguns have a trigger lock that I cannot open. Is a cable lock that runs through the action and magazine well good enough, or is the trigger lock a must?

Please correct me if anything in the above statements is wrong.

Get in touch with Comm2A.

http://comm2a.org/

 

[KMaurer]

Obviously in an honest self-defense situation, you're going to use whatever means you need to protect yourself or other family members regardless of what the law says. Self defense would be a defense not only against a shooting, but also against possession of a gun without a license. What it wouldn't protect against would be an unsafe storage charge against the licensed owner of the gun. Personally, that's something I'd be more than willing to swallow if necessary to protect my family, but wherever it's possible the ideal situation would be to have every one with an LTC.

Ken

 

[xtry51]

I honestly still can't believe you all still have to have this conversation. For the love of God get out of that state....

 

[Blitz1]

When it matters, you do what is necessary to protect your family and yourself.

 

[midas]

I am of the opinion that you indeed would be prosecuted if you used one of her handguns for self-defense, absent her presence right beside you.

Thank you LenS and Blitz1.

This is an interesting quote. Hypothetically, if my wife was right next to me in the house and i used her handguns to stop an assailant, would this be considered authorized use under the supervision of a licensed person or it would still mean prosecution for non-authorized use? Not that i would plan to do this, as i would use my shotguns, but it's an interesting point.

 

[Len-2A Training]

My belief is that it would be authorized use if she is beside you, but IANAL.

 

[hpm]

I’ve been trying to understand some of the MA convoluted laws. I am a greencard holder with an FID, my wife is a citizen , LTC-A holder...

In case you don't know yet - you as a permanent resident might be able to get a LTC-A soon...Comm2A is working on that issue.

http://www.northeastshooters.com/vbulletin/threads/127825-Comm2A-Challenges-Firearms-Prohibition-for-Lawfully-Admitted-Aliens?highlight=permanent

 

[terraformer]

In case you don't know yet - you as a permanent resident might be able to get a LTC-A soon...Comm2A is working on that issue.

http://www.northeastshooters.com/vbulletin/threads/127825-Comm2A-Challenges-Firearms-Prohibition-for-Lawfully-Admitted-Aliens?highlight=permanent

If the judge would ever hand down a decision. Of course we pull a judge who is not only half retired but who is heavily involved in the bulger case...

 

[30Mauser]

I'm with Mike here. Many DAs would fry both of them, suck them dry of cash defending themselves against the charges. 90% of attorneys out there will recommend they take a plea bargain and they end up Prohibited Persons as a result, law be damned.

Fighting to the bitter end when you know you are right is frequently a bitter-sweet victory. You may win but the cost could be everything you own!

MUCH cheaper to just get all adults appropriately licensed and not have the legal battle to fight.

I agree, but have the same dilemma as OlSparky... my wife is a resident alien and currently can't get an LTC in MA. I ONLY keep firearms in the firearms safe (sorry RB101), and keep important documents in another, fireproof, safe. My wife knows how to use my 1911 and does NOT know the combination to the gun safe (sorry again, RB101 ), but does know where to look for it in case of emergency.

Not the best home defense scenario, but if the need and opportunity arose, she could go there... and I leave other "legal" things around that she knows how to use as well.

 

[midas]

In case you don't know yet - you as a permanent resident might be able to get a LTC-A soon...Comm2A is working on that issue.

http://www.northeastshooters.com/vb...-Lawfully-Admitted-Aliens?highlight=permanent

Thank you, i will follow the case.

 

[nagano21]

IMO whats the difference btw her using a gun or knife bat (you name it) to defend herself... I know these left wingers would think otherwise but as the saying goes "rather be judged by 12 than carried by 6"

 

[Knuckle Dragger]

Obviously in an honest self-defense situation, you're going to use whatever means you need to protect yourself or other family members regardless of what the law says. Self defense would be a defense not only against a shooting, but also against possession of a gun without a license. What it wouldn't protect against would be an unsafe storage charge against the licensed owner of the gun. Personally, that's something I'd be more than willing to swallow if necessary to protect my family, but wherever it's possible the ideal situation would be to have every one with an LTC.

Ken

This. In a bona fide self defense situation I doubt the citizenship of the person saving their own life is likely to be much of an issue. After Fletcher it won't be an issue and before Fletcher is decided it will only strengthen our case.

Thank you, i will follow the case.

NO! Don't follow the case. Get in touch with us ([email protected]). You are NOT going to want to apply for your LTC without our help.

 

[ChuckInMass]

Regardless of which law, etc etc, An LTC is a lot less costly than an hour or two of an attorney's expertise. Do you need to any further with questions concerning the Mass Laws, which even judges will disagree on?

Some of the most dangerous people, in my mind, are amateur pyschiatrists and amateur lawyers.

Oh, my wife got her LTC. She is a logical gal, that realizes there is no law that requires you to shoot, just because you have an LTC.