Unlicensed shooter self defense

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What is the legality in regard to someone without an LTC shooting an LTC holder's firearm in self-defense? For example, if a couple were the victims of a home invasion in which the husband has an LTC but the wife does not, and the husband becomes incapacitated (shot by thug, etc) and the wife picked up the gun and shot the perp, would she be charged with a crime?
 
I think MGL (or case law maybe) protects possession for an "actual need."
 
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In the case given, PROBABLY OK.

If husband wasn't home and wife gained access to the gun, probably looking at illegal storage charges against the husband and illegal possession charges against the wife. A jury might let them off, a judge . . . maybe not!
 
In the case given, PROBABLY OK.

If husband wasn't home and wife gained access to the gun, probably looking at illegal storage charges against the husband and illegal possession charges against the wife. A jury might let them off, a judge . . . maybe not!

If only more citizens were aware of jury nullification...
 
Its completely situational... from the responding officers on up. No way to tell. Id play it safe and get the license, but Id also prefer court over the grave.

Mike

Sent from my cell phone with a tiny keyboard and large thumbs...
 
I'd be willing to bet a DA wouldn't pursue charges in the interest of not setting a precedent.
 
In the case given, PROBABLY OK.

If husband wasn't home and wife gained access to the gun, probably looking at illegal storage charges against the husband and illegal possession charges against the wife. A jury might let them off, a judge . . . maybe not!

The chief, definitely not.
 
For the couple hundred bucks to take the class and get a license, why take a chance? That should be the real question you ask your wife... Even if she doesn't ever want to handle a gun, tell her it could keep you or her out of jail..
 
For the couple hundred bucks to take the class and get a license, why take a chance? That should be the real question you ask your wife... Even if she doesn't ever want to handle a gun, tell her it could keep you or her out of jail..

That is what I did with my Wife many years ago. She's now NRA/GOAL/SAF Life member plus a member at Braintree R&P but back some 30+ years ago she didn't want anything to do with firearms but it was the only way for legal protection.
 
I think MGL (or case law maybe) protects possession for an "actual need."
^Correct. In fact Boston has argued this in federal court - you don't need a license if you have an actual need, that's what they said.

I'd be willing to bet a DA wouldn't pursue charges in the interest of not setting a precedent.
^Correct. Your inherent right of "actual" self defense is not dependent upon the license. In the OP's scenario you also have the "in the home" aspect. No prosecutor is going to be foolish enough to charge someone under these circumstances.
 
^Correct. Your inherent right of "actual" self defense is not dependent upon the license. In the OP's scenario you also have the "in the home" aspect. No prosecutor is going to be foolish enough to charge someone under these circumstances.
True, but if it is a case that can be argued is not legit self defense, or if there is a political reason why such a position must be taken by the state (think Zimmerman), the state could pile on the "unlicensed carry" charge.

Despite the veracity of K. Dragger's commentary, an LTC for family members is cheap insurance. Even if the LTC is expired, it provides a lifetime of protection provided the individual remains eligible, did not have the LTC revoked for reason other than failure to file change of address, and a renewal has not been denied.
 
^Correct. In fact Boston has argued this in federal court - you don't need a license if you have an actual need, that's what they said.

^Correct. Your inherent right of "actual" self defense is not dependent upon the license. In the OP's scenario you also have the "in the home" aspect. No prosecutor is going to be foolish enough to charge someone under these circumstances.

Not that I'd wish it on anyone, but it would be very interesting if a DA did pursue a case like that. Throw in a young kid to defend for good measure.
 
Not that I'd wish it on anyone, but it would be very interesting if a DA did pursue a case like that. Throw in a young kid to defend for good measure.

It could also be used as extra leverage to extort a plea bargain. Once a case gets in the system, it's not about justice, but everyone fighting for their win/loss record.
 
It could also be used as extra leverage to extort a plea bargain. Once a case gets in the system, it's not about justice, but everyone fighting for their win/loss record.

That would be my concern. Most of these end up in a plea bargain, with the defendant screwed for life. The DA wins w/o risking a trial.
 
In the case given, PROBABLY OK.

If husband wasn't home and wife gained access to the gun, probably looking at illegal storage charges against the husband and illegal possession charges against the wife. A jury might let them off, a judge . . . maybe not!

What if the husband has his LTC and the wife only has her FID. Can she still access the safe to gain possession of the handgun in this scenario?
 
no, she can't touch the gun unless she has an LTCA, she needs to let the bad guy kill her as well.....

better to be carried by 6 than be judged by 12.....
 
What is the legality in regard to someone without an LTC shooting an LTC holder's firearm in self-defense? For example, if a couple were the victims of a home invasion in which the husband has an LTC but the wife does not, and the husband becomes incapacitated (shot by thug, etc) and the wife picked up the gun and shot the perp, would she be charged with a crime?

"You have fun with that."

She'd probably be let off under doctrine of competing harms (if MA does this at all, I am not sure) but if the prosecutor wants to be a douchebag/pig****er/a-hole about it they could get her on unlawful possession at a minimum.

It's terminally stupid for someone's spouse to not have an LTC, for a whole myriad of reasons. This is one of them.

-Mike
 
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