Two masked home invaders are met by armed resident n MA today.

[EddieCoyle]

if he shot the guy on stoop hes screwed..... if it was in the house i'd still say jail this is mass afterall. but hope he gets away with protecting himself. they propbably broke into other houses that day too...

The article said the guy was shot in the apartment, fled, and died on the stoop.

 

[jpdeal]

If it turns out the homeowner/firearm are "properly licensed" (WBZ phrase) the Boston MSM will drop the story immediately.

 

[BattleSnail]

and chasing the other out of the building where he was soon arrested by Boston police still armed with a firearm, Commissioner William Evans said today.

so the homeowner was arrested?

 

[LTCRN]

The correct explanation should be : It was determined that the homeowner / shooter and the masked men knew each other AFTER the police removed the masks from both the dead perpertrator and the one that was found out on the street still in possession of a firearm.

 

[Garys]

Don't get your panties in a wad because of what the TV snews is reporting. Channel 7 just described the area of Esmond and Harvard as a usually quiet and peaceful neighborhood. It is anything but. When I was working I responded to many calls for shootings, stabbings, and other violence on Esmond Street. That included a double shooting where one woman was killed. Lots of gang activity in that area, lots of drug activity.

It will be interesting to see how this story shakes out. I'd rather doubt that this is a random home invasion. Whether or not the guy who shot was an innocent victim or not is open to conjecture at this point.

 

[mikeyp]

A stoop is connected to a house no? Does Mass literally only mean INSIDE the house? Meaning, if two guys (one with a gun) break down your door, and you are standing there inside looking at your now broken down door, and you shoot them you are ****ed?

Please tell me Mass isn't that bad.

If they break in and you have nowhere to run THEN you can shoot. ALthough they took away the duty to retreat, right?(and if so, did they REALLY take it away?)

 

[BattleSnail]

i think mass is this bad. I think it has to be inside the threshold to be considered inside the home. Hell even if he shot the guy at the door and the guy fell backwards outside and died it would probably be bad even if it was a good shoot.

making shit up is fun

 

[M1911]

If they break in and you have nowhere to run THEN you can shoot. ALthough they took away the duty to retreat, right?(and if so, did they REALLY take it away?)

No.

You are not required to retreat if you are inside your own home and the perp is there illegally.

 

[mikeyp]

No.

You are not required to retreat if you are inside your own home and the perp is there illegally.

Wasn't there a duty to retreat up until recently though? Even in your own home?

 

[Palladin]

remember this one?

http://www.northeastshooters.com/vbulletin/archive/index.php/t-168264.html

no charges were brought, the cops never even ID the shooter

 

[BattleSnail]

i think mass is this bad. I think it has to be inside the threshold to be considered inside the home. Hell even if he shot the guy at the door and the guy fell backwards outside and died it would probably be bad even if it was a good shoot.

since when do you have to be inside your home to shoot in self defense? That's not a law, even in MA.

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Wasn't there a duty to retreat up until recently though? Even in your own home?

no. MA has had castle doctrine for a long time

 

[mikeyp]

since when do you have to be inside your home to shoot in self defense? That's not a law, even in MA.

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no. MA has had castle doctrine for a long time

Ok, for some reason I thought I had read we had been a duty to retreat state. It was a while ago though, maybe it was wrong info(Googling it some sites show us a duty to retreat but some show us as Castle Doctrine)

 

[Shovelheddrew]

I think the Dukakis era said you had to retreat. It was my understanding no matter how wrong it may be.

 

[Nectaris]

I wouldn't read too much into the fact that there may have been a connection between the home owner and the perps. Many times with home invasions or b&e's the perps know the victim in some way and that is why they taget them, knowing they may have money or coins or anything really that the perps want. In this case they didn't know their target well enough to know he carried in his house.

There was a case here in lowely SW NH last year with a home invasion and it turns out the idiots were put up to it by the old persons grand nephew or something like that who knew they had some valuables.

 

[ACB84]

http://www.mass.gov/courts/courtsan...s/criminal/pdf/9260-defenses-self-defense.pdf

bottom of page 6. not sure if its been updated but states no duty to retreat in your dwelling

 

[jar]

All of the people posting uneducated guesses about deadly force law really owe it to themselves to get some proper training.

It's impossible to figure out the truth from the incomplete and often incorrect facts in a media report, but masked men with guns breaking down a door sure points in the direction of it being a legal use of force. Now whether the whole situation was on the up and up, who knows. I'm not up on the legal issues involved with self defense with guns not legally owned/carried or while engaging in the drug trade (not saying that's the case here), since they don't apply to me. IIRC at least one notoriously anti-gun jurisdiction actually has a statute that protects someone carrying illegally from prosecution for that if they're involved in a use of force incident that is ruled justified. Chicago, maybe?

 

[warwickben]

Weird when I took my ltc class they guy said you had to try to retreat In mass. Granted a lot of the stuff he taught I found out was bull shit.

 

[WallHack]

What's his NES handle?

 

[.40swToFreedom]

http://www.mass.gov/courts/courtsan...s/criminal/pdf/9260-defenses-self-defense.pdf

bottom of page 6. not sure if its been updated but states no duty to retreat in your dwelling

Not letting me copy/paste, but that's classic MA law. Says there is no duty to retreat...1 page later it says the Commonwealth can argue the defendant didn't act in self defense if they didn't try to pursue reasonable avenues of escape.

Did I read that wrong?

 

[BostonVI]

Standard procedure after most shootings, even if it is most likely a clean shoot

This. Remember they brought George Zimmerman into custody after his incident and the media was still pissed.

 

[Andrew92fs]

I hope the homeowner has brains enough to: Remain silent and call an attorney.

 

[JJ4]

Weird when I took my ltc class they guy said you had to try to retreat In mass. Granted a lot of the stuff he taught I found out was bull shit.

Same here. He specifically said "MA does to have castle doctrine".

 

[warwickben]

My teacher gave a lot of bad advice. I talked to two other teachers at a shoot and they couldn't believe half the stuff the guy told us . And couldn't believe he had 4 adults watch a eddy eagle video.

 

[.40swToFreedom]

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.

Source: https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter278/Section8a


Also, from the PDF posted on the last page, the following can be used in defense:

1) prior threats made by the alleged "victim" if the occupant felt they were being carried out,
2) any prior acts of violence committed by the alleged "victim", even if unbeknownst to the occupant

 

[Palladin]

www.mass.gov/courts/.../courts/.../jury.../9260-defenses-self-defense.pdf‎

 

[Cap]

Weird when I took my ltc class they guy said you had to try to retreat In mass. Granted a lot of the stuff he taught I found out was bull shit.

You have a duty to retreat when NOT in your home.

In your home, you have no duty to retreat.

 

[BattleSnail]

Ok, for some reason I thought I had read we had been a duty to retreat state. It was a while ago though, maybe it was wrong info(Googling it some sites show us a duty to retreat but some show us as Castle Doctrine)

I don't have the exact cite (Lens? lol) but I've seen it in the MGLS

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You have a duty to retreat when NOT in your home.

In your home, you have no duty to retreat.

^this is correct. No duty to retreat at home...and the language in the MGL states that your duty to retreat outside the home is something like if it's safe to do so.

Turning my back on an armed mugger is not safe, thanks.



Here:

http://www.mass.gov/courts/courtsan...s/criminal/pdf/9260-defenses-self-defense.pdf

 

[bdb]

Weird when I took my ltc class they guy said you had to try to retreat In mass. Granted a lot of the stuff he taught I found out was bull shit.

I was clearly told this as well in my class when I first moved to MA in 2009.

 

[BattleSnail]

gun safety trainers usually aren't lawyers. The might know NRA rules and safety inside and out and be great shooters/teachers but not know shit about the laws....not unlike some gun store owners/clerks.

The MGLs are online for anyone to read.

If you had a duty to retreat, even in your own house, why even bother getting a ****ing gun? Better off dead, which you will be when the armed intruder stabs or shoots you in the back when you "retreat".

 

[M1911]

I was clearly told this as well in my class when I first moved to MA in 2009.

There was a brief time around 1975 when there was a duty to retreat in MA. This was due to the decision of the MA Supreme Judicial Court in the case COMMONWEALTH vs. ROBERTA E. SHAFFER. There was an uproar over this decision and shortly afterwards the law quoted above was passed, removing the duty to retreat inside the home.

So whoever told you that in 2009 was in error.