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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)Home owner with gun.........guilty until proven innocent. (In Massachusetts)
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
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.
Does being a scumbag waive the right to self defense?
Where did you see that no charges were brought? Have you found details on that case more recent that 2012?
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.
^that's so ****ed up.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.
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.
no. MA has had castle doctrine for a long time
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.
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.
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.
I stand corrected.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.
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.
I stand corrected.
Right. He was acquitted of murder, and found guilty on illegal possession. I should've clarified that.
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.
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.
Not New York State, only within NYC