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If I NEEDED to use my gun to protect myself or my family in my home in the middle of the night, the last thing on my mind would be what the wording on my LTC is.
Restrictions refer to outside the home.
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter278/Section8A
This is a non sequitur. The castle doctrine is irrelevant.
The OP is right, the way the restriction is worded, it applies at all times. We actually made this claim to the judge in one of our cases and the town was quick to walk it back and say that in their minds, the restriction only applied outside the home. This is unofficial, but let's face it, Heller says you can have an operative gun in the home, so the correct reading would have cost them the case, so they applied it outside the home.
The reality is restrictions are civil in nature and there is no increased penalty that can be put on someone for violating their restrictions. So no prosecutor would be stupid enough to make something of this when heller makes it clear what one is allowed to do with a gun in their home on this point.
So, based on Heller, someone that moved into the state with a firearm could use it in the home for self-defense BEFORE receiving their LTC?
That doesn't make any sense. If Heller says you can have in your home, and defend yourself, and you are lets say for arguments sake still in the time frame to apply for a LTC and you had to use your firearm for said defense of person, Oh, never mind, they are gonna drag you through the coals regardless.
It all boils down to if you want to be carried by 6 or judged by 12.
Regardless of what your license is good for, you're in a world of hurt if the scenario goes down as you state.
Or, just make sure there's a target on the intruder.
Honestly, in MA, let them take all your shit before you shoot them. Insurance will cover it and you won't be accused of being a murderer.
This is a non sequitur. The castle doctrine is irrelevant.
The OP is right, the way the restriction is worded, it applies at all times. We actually made this claim to the judge in one of our cases and the town was quick to walk it back and say that in their minds, the restriction only applied outside the home. This is unofficial, but let's face it, Heller says you can have an operative gun in the home, so the correct reading would have cost them the case, so they applied it outside the home.
The reality is restrictions are civil in nature and there is no increased penalty that can be put on someone for violating their restrictions. So no prosecutor would be stupid enough to make something of this when heller makes it clear what one is allowed to do with a gun in their home on this point.
That doesn't make any sense. If Heller says you can have in your home, and defend yourself, and you are lets say for arguments sake still in the time frame to apply for a LTC and you had to use your firearm for said defense of person, Oh, never mind, they are gonna drag you through the coals regardless.
It all boils down to if you want to be carried by 6 or judged by 12.
The most important answer. Because it applies inside AND OUTSIDE the home. Carry at will. The restrictions do not have the weight of a criminal offense provided your LTC is valid.
I said "generally no". I am on a phone so was economical. You are right, there are exceptions and frankly it's not clear if licensing simple possession will be considered constitutional yet, but limited to Heller's specific ruling, any system which arbitrarily removes the right to self defense in the home from someone who is allowed to posses, it will be found unconstitutional.
OP, think of it like this;
a.) Do you worry about what law enforcement people will do to you?
or
b.) shoot the dirtbags dead before they can tie you up and rape your wife while they make you watch, and then kill you both?
As far as my family is concerned, it is choice b.) without any hesitation. Your (and your families) safety is your responsibility. Don't expect anyone else to do it for you because you will either be disappointed, and/or come up short.
StevensMarksman