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

dustoff22 said:
Home owner with gun.........guilty until proven innocent. (In Massachusetts)
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All MA residents are probably bonifide criminals becasue of all the confusing laws. The cops are just too busy to arrest everyone. Pretty soon you'll need an LTC to carry a screw driver out of home depot concealed in a plastic bag. (and with a safety-lock on the tip)
 
This address is near Blue Hill Ave, near where the American Legion Highway turns off but on the eastern side of BHA.

My gut reaction is there is more to this story than what the initial news reports state, but I don't want to jump to any conclusions.
 
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I find it interesting that people are willing to make some huge judgements based on sketchy reporting by the MSM. Given the location and general demographics, I'm going to reserve judgement until more information is available. This might be two scumbags doing a home invasion on another scumbag. It could involve gangs , drugs or could be totally legit and a clean shoot.
 
mark056 said:
I find it interesting that people are willing to make some huge judgements based on sketchy reporting by the MSM. Given the location and general demographics, I'm going to reserve judgement until more information is available. This might be two scumbags doing a home invasion on another scumbag. It could involve gangs , drugs or could be totally legit and a clean shoot.
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Agreed. There is no way of knowing at this time.
 
It's far too early to make any conclusions about this incident. The police, in their rush to figure things out and the press in the rush to get a story out, frequently get the facts wrong initially. There's no way to be certain at this point if the parties knew each other, if the shot parties was shot in or out of the house, etc.

The police will always take the shooter into custody because they HAVE to figure out exactly what happened and what exactly was the relationship, if any, between the individuals. Whether or not the shoot had a license is irrelevant to claims of self defense. You don't give up your right to self defense merely by possessing or carrying a gun without a license. Your ability to claim self defense IS greatly compromised if you shot someone in conjunction with your participation in a criminal enterprise.

People legitimately exercising their right of self-defense in Boston have largely been fine and this guy probably will be IF he was in fact defending himself in his home. However, if the police find that he had a criminal relationship with the two alleged home invaders he might have more trouble.

We just have to wait and see.
 
It's so freaking annoying that our laws in this state are so convoluted that we are always asking "is this legal" "is this really the law?"
 
Knuckle Dragger said:
The police will always take the shooter into custody because they HAVE to figure out exactly what happened and what exactly was the relationship, if any, between the individuals. Whether or not the shoot had a license is irrelevant to claims of self defense. You don't give up your right to self defense merely by possessing or carrying a gun without a license. Your ability to claim self defense IS greatly compromised if you shot someone in conjunction with your participation in a criminal enterprise.

We just have to wait and see.
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This. I read a story a few months ago that took place in Brockton where someone was acquitted on the basis of self-defense, but was found guilty on illegal possession of a firearm. He was sentenced to two-three years in prison. He shot someone who tried to attack him outside a nightclub.
 
Garden12 said:
This. I read a story a few months ago that took place in Brockton where someone was acquitted on the basis of self-defense, but was found guilty on illegal possession of a firearm. He was sentenced to two-three years in prison. He shot someone who tried to attack him outside a nightclub.
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^that's so ****ed up.
 
No vomit or cussing words used! +1 and I agree with PennyPincher, takes but a few minutes to see if he was licenced and the firearm registered to him. But this is Massachusetts...

Fired from My HTC One X+ with high capacity storage
 
BattleSnail said:
no. MA has had castle doctrine for a long time
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No, it doesn't. There is a difference between a true Castle Doctrine and what MA has, which is an affirmative defense.

Massachusetts General Law, Chapter 278, Section 8(a): 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.
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Notice it says in a prosecution. Which means the person defending himself can be charged and then has to demonstrate that he was under threat of death or serious body harm.
 
Garden12 said:
This. I read a story a few months ago that took place in Brockton where someone was acquitted on the basis of self-defense, but was found guilty on illegal possession of a firearm. He was sentenced to two-three years in prison. He shot someone who tried to attack him outside a nightclub.
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Different crimes. He wasn't convicted because his use of lethal force was justified. He was convicted of illegal possession of a firearm. That's not unique to MA, although in other states the possession of the firearm might not be illegal, but the concealed carry thereof would be.
 
Garys said:
No, it doesn't. There is a difference between a true Castle Doctrine and what MA has, which is an affirmative defense.



Notice it says in a prosecution. Which means the person defending himself can be charged and then has to demonstrate that he was under threat of death or serious body harm.
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THIS!

very common misconception
 
Garys said:
Different crimes. He wasn't convicted because his use of lethal force was justified. He was convicted of illegal possession of a firearm. That's not unique to MA, although in other states the possession of the firearm might not be illegal, but the concealed carry thereof would be.
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Right. He was acquitted of murder, and found guilty on illegal possession. I should've clarified that.
 
Garys said:
No, it doesn't. There is a difference between a true Castle Doctrine and what MA has, which is an affirmative defense.



Notice it says in a prosecution. Which means the person defending himself can be charged and then has to demonstrate that he was under threat of death or serious body harm.
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I stand corrected.
 
well the story started well. But then bodies dumped in the mystic river should have been the next step. lol
 
WHDH has a news bit on it... In theirs, they call the intruder who was shot and killed a victim.
I friggin hate that! They're not a victim... That is just one of the hazards of the criminal life they have chosen.
 
Claybreaker! said:

http://www.boston.com/news/local/massachusetts/2014/01/15/person-shot-dorchester-boston-police-actively-investigating/UdtQq2mgTyoEiMjuT1mDeO/story.html

Two masked men who forced their way into a Dorchester apartment this morning were met by an armed resident who opened fire on the attackers, killing one 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.

The surviving armed invader is under arrest and expected to appear in a Boston courtroom later today.
The resident at 85 Esmond St. is also in custody, but has not yet been charged with any crime because police are trying to determine if he was licensed to possess a firearm, according to Evans and Superintendent-in-Chief William Gross.
The invader who was shot ran from the apartment, but collapsed on the front steps of the building, where he was pronounced dead, police said.
Police notified the Salvation Army’s Children Learning Center on nearby Wales Street about the incident, and a staffer said in a brief telephone interview that the shooting has not impacted their program. “Everything is OK here,’’ the staffer said. “No problem.’’
Police have closed Esmond Street while they investigate.
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I hope this makes prime time local news tonite???
 
Garden12 said:
Right. He was acquitted of murder, and found guilty on illegal possession. I should've clarified that.
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There are several states besides MA where you need a license for mere possession of any kind of gun. NY, NJ, and I think IL are three, but there are probably others. Maybe CT and CA, but I don't know for sure. In any of those states, this sort of thing could happen. In NH if it came to light that the shooter had concealed carried before the shooting, he could conceivably be charged with that. Conceivably, but even that's not a sure thing.
 
Garys said:
There are several states besides MA where you need a license for mere possession of any kind of gun. NY, NJ, and I think IL are three, but there are probably others. Maybe CT and CA, but I don't know for sure. In any of those states, this sort of thing could happen. In NH if it came to light that the shooter had concealed carried before the shooting, he could conceivably be charged with that. Conceivably, but even that's not a sure thing.
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Not New York State, only within NYC
 
MassBan said:
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.
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IDK about that. A guy in New Bedford a few years ago got off for shooting the robber in the street. That was after he fled from the detached garage he broke into.
 

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