Things People Tell You ...

ADC

ADC

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At some point someone made me aware we have a "Castle Defense" LAW in MA.
Pt IV, Title II Chapter 278 section 8a

Then, someone else told me that was taken out of the law 18 - 24 months ago.
Considering the arresting powers of this recent "someone", I thought it prudent see if I could find change, nope, can't find it.

Any of you experts here heard of this?
 
ADC said:
At some point someone made me aware we have a "Castle Defense" LAW in MA.
Pt IV, Title II Chapter 278 section 8a

Then, someone else told me that was taken out of the law 18 - 24 months ago.
Considering the arresting powers of this recent "someone", I thought it prudent see if I could find change, nope, can't find it.

Any of you experts here heard of this?
Click to expand...
Nope.

Section 8A: Killing or injuring a person unlawfully in a dwelling; defense​



Section 8A. In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling. There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling.
 
StevieP said:
It's right there in section 8A. Therefore, it was not "taken out of the law 18 - 24 months ago."

Why are you still shopping for a different answer than what's right there in the written law?
Click to expand...
As I mentioned, someone with the power to arrest gave me conflicting information.
Let's call it "Due Diligence".

Now, if you have anything positive to contribute, I am all ears.
 
ADC said:
As I mentioned, someone with the power to arrest gave me conflicting information.
Let's call it "Due Diligence".

Now, if you have anything positive to contribute, I am all ears.
Click to expand...
You should know by now that you can only get the real scoop from a gun shop employee or the UPS driver. Jack.
 
I was somewhat aware we used to have one, but that was many years ago.
I was always taught if you shoot someone, make sure they are in your house and you have exhausted every measure of escape.
 
ADC said:
As I mentioned, someone with the power to arrest gave me conflicting information.
Let's call it "Due Diligence".

Now, if you have anything positive to contribute, I am all ears.
Click to expand...
Unfortunately, plenty of people have "power to arrest" and don't know the law. 8A hasn't changed. It's still the law. Your source was incorrect.
 
hillman said:
Unfortunately, plenty of people have "power to arrest" and don't know the law. 8A hasn't changed. It's still the law. Your source was incorrect.
Click to expand...

Agreed. It is possible, maybe even likely he is incorrect. It does highlight the challenges the law presents to us.
I am going to continue to ask questions and keep an open mind.
 
PaulR said:
I was somewhat aware we used to have one, but that was many years ago.
I was always taught if you shoot someone, make sure they are in your house and you have exhausted every measure of escape.
Click to expand...
Hard to escape when the perp's carcass is blocking the door. Jack.
 
ADC said:
As I mentioned, someone with the power to arrest gave me conflicting information.
Let's call it "Due Diligence".

Now, if you have anything positive to contribute, I am all ears.
Click to expand...

I'm positive I reinforced the fact that you already have the correct answer. Do you *want* bullshit answers and cites?

Your "friend with the power to arrest" was and continues to be wrong. Not sure why you have an issue with me, when I backed you up with a factual statement.

Now the question is what are you going to do with this information? Call him out on his bullshit? Keep it in the bank for future reference? Or keep shopping for a different answer?

What am I missing here?
 
StevieP said:
I'm positive I reinforced the fact that you already have the correct answer. Do you *want* bullshit answers and cites?

Your "friend with the power to arrest" was and continues to be wrong. Not sure why you have an issue with me, when I backed you up with a factual statement.

Now the question is what are you going to do with this information? Call him out on his bullshit? Keep it in the bank for future reference? Or keep shopping for a different answer?

What am I missing here?
Click to expand...
Yeah, not sure what other possible answer there could be when it's taken right from the state website.
 
ADC said:
As I mentioned, someone with the power to arrest gave me conflicting information.
Let's call it "Due Diligence".

Now, if you have anything positive to contribute, I am all ears
Click to expand...
once you hear of a policeman's interpretation of anything to do with MA gun law ( even if said law contradicts said expert), the only way to confirm it, is to ask who someone who works in a MA gun shop.

you're welcome...
 
StevieP said:
It's right there in section 8A. Therefore, it was not "taken out of the law 18 - 24 months ago."

Why are you still shopping for a different answer than what's right there in the written law?
Click to expand...
This ^^^ It's been said already.....

IF some person breaks down your door. At that point, do you really care about any laws?
 
You'll want to be careful who you are listening to for casual advice. Power to arrest != expert of MGL. A badge might indicate familiarity with laws due to working proximity to them, but I'd just say that correct interpretation and intimate understanding of all MGL is not a strict prerequisite for the job. That's up to the attorneys and DA. Hence why you'll sometimes hear about arrests, but later dropped charges or no charges at all.
 

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