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When can you pull out your firearm?

Discussion in 'Massachusetts Laws' started by Hairscrossed, Apr 11, 2019.

  1. Hairscrossed

    Hairscrossed

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    I just read an article about a concealed weapon carrier who prevented an 11 year old girl from being kidnapped in Arizona. Someone posted the exact wording of when a concealed weapon carrier may pull out their firearm in the state of Arizona. Can someone provide a link to the Massachusetts law on the subject?
     

  2. bill o

    bill o

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    In MA, if you shoot a guy who is in the act of plunging a knife into a doctor's neck repeatedly, you might get exonerated after a year long investigation. There's no law, just politics and the DA's win/loss record.
     
  3. mlaboss

    mlaboss NES Member

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    In your home, MGL says the following (MGL ch 278 sec 8A):

    Outside your home, there is no explicit law, but there are some guidelines that can be referred to: https://www.mass.gov/files/documents/2016/08/xm/9260-defenses-self-defense.pdf

    The case bill o is referring to is this one: DA won’t bring charges in shooting of patient - The Boston Globe

    Regardless of the situation, if you draw your gun and shoot someone you will have to get a lawyer and defend yourself in court.
     
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  4. FrankNA

    FrankNA NES Member

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    In Mass, the CC guy would end up going to prison, the 11 y/o girl would be taken from her parents because the State would consider them to be negligent parents and the kidnapper would be given section 8 housing, a Mass health card, an EBT card and SNAP benefits. Probably get free tuition to a State school as well because society would be blamed for all his woes.
     
  5. SERE

    SERE NES Life Member NES Member

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    Yup, five months of hell. Wow, 10 years ago already.

    By Edward Mason |
    PUBLISHED: April 1, 2010 at 12:00 am

    A heroic off-duty special police officer who saved a psychiatrist from her rampaging, knife-wielding patient said he is “relieved” he will not face charges in the man’s death, Suffolk District Attorney Daniel F. Conley said.

    Paul M. Langone “acted in self-defense and the defense of Dr. Astrid Desrosiers” when he shot and killed Jay Carciero, 37, of Reading at a Massachusetts General Hospital bipolar clinic Oct. 27 as Carciero slashed and stabbed Desrosiers, Conley said.

    Langone, reached last night by telephone said he hoped to put the matter behind him.

    “I’m grateful they reached the same conclusion I did and recognized the urgency of the situation,” he said. “It’s hard to feel happy, because there was still a loss of life. But its just what you say. You feel relieved.”

    Langone said waiting for the decision has been difficult, but he was glad the investigators were so thorough. Conley said investigators examined all the evidence before reaching their conclusion.
     
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  6. enbloc

    enbloc NES Life Member NES Member

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    "Doing Good has no Shelf Life..."
    ~Enbloc
     
  7. bfm

    bfm NES Member

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    After you get the consent form signed.
     
  8. Stryker

    Stryker NES Member

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    I remember that as well

    I also remember that the press and the court seemed to make a big deal of him being an off-duty security guard and a mass 'special police' officer. I wonder if that weighed into the decision to not prosecute and if he would have been prosecuted without that background

    http://bostonspo.com/special-police-officer/
     
  9. appraiser

    appraiser NES Member

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    Even though the book is now ancient, I always suggest people read Massad Ayoob's book " In The Gravest Extreme" .... TWICE.

    Even a "good" shooting, or pulling your gun to prevent grave injury or death, is going to get you jammed up in a big way, especially in the Northeast.

    There is no law we can point you to, but trust me they will use every law they can find when they charge you, and see what sticks.

    You can respond to deadly force with deadly force.

    But the caveat to that is escalation of force. It can get complicated.

    But the best advice is after any shooting SHUT UP and LAWYER UP
     
  10. roccoracer

    roccoracer NES Member

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    USCCA insurance for peace of mind?
     
  11. Reptile

    Reptile NES Member

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    Get that book first.

    It is the first book of it's kind before firearms training came about.

    Then get this...

    https://smile.amazon.com/Deadly-For...87&s=gateway&sprefix=mas+ayoob,aps,244&sr=8-1

    https://smile.amazon.com/Straight-T...87&s=gateway&sprefix=mas+ayoob,aps,244&sr=8-2

    https://smile.amazon.com/Gun-Digest...87&s=gateway&sprefix=mas+ayoob,aps,244&sr=8-3

    Although "dated" read this first... it's not a long book and is essential

    https://smile.amazon.com/Gravest-Ex...87&s=gateway&sprefix=mas+ayoob,aps,244&sr=8-6

    Massad Ayoob
     
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  12. fencer

    fencer NES Member

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    Basically, if you have time to ask yourself, " should I pull my firearm?" before someone dies, you probably should not draw your firearm.
     
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  13. Roland Deschain

    Roland Deschain NES Member

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    If I can articulate that someone is going to cause serious bodily harm or death to me or someone else that I'm willing to put myself at risk for, then the guns coming out.
     
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  14. Palladin

    Palladin NES Member

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  15. appraiser

    appraiser NES Member

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    looks like a spray and pray gunfight. BTW the victim was involved on some court case but I can't find specifics from 2008

    Man Dies From Shooting After Booze Cruise; Collapses on Greenway Across from Rowes Wharf - NorthEndWaterfront.com


    In a NES post in 2012, @Martlet said he knew someone involved, maybe 7 years later he will give us some background
     
    Last edited: Apr 16, 2019
  16. SERE

    SERE NES Life Member NES Member

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    Seeing as the OP disappeared this advice may fall on deaf ears.

    For the OP or newer members take a look at this here site. He is known on this site, at SIG NH and other forums.

    Law of Self Defense
     
    Last edited: Apr 17, 2019
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  17. Rob Boudrie

    Rob Boudrie NES Member

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    If he was LEO, there would be no reason to not report it.

    If he were one of the little people with an LTC and was found to have acted lawfully, there would be plenty of motivation on the part of the media to bury the story.
     
  18. WanMan99

    WanMan99 NES Life Member NES Member

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  19. drgrant

    drgrant Moderator NES Member

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    I also think that a lot of times, "Right Scorpion" might have good advice... [laugh]

     
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  20. Woodsy

    Woodsy NES Member

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    I just pulled mine out, boom did it again.
     
  21. Roland Deschain

    Roland Deschain NES Member

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    I always ask myself in any situation.... What would master shake do. It's served me well
     
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  22. Glockster30

    Glockster30 NES Member

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    Similar personalities.
     
  23. whatluck

    whatluck

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    Hopefully you've done everything you can and exhausted every opportunity to avoid using lethal force. Even if you can't manage to stay out of jail your conscience can be clear.

    In MA if you use any amount of physical force for any reason and then get caught by the cawpz there's a good chance you're gonna get jammed up. If you lawfully defend yourself with a punch or six and hop in a cab and get away quick you're probably fine, getting away in a non-lethal situation is always a good idea because you have no idea where additional threats could come from. But if you shoot someone depending on circumstances, like if SSS is off the table, then you BETTER be the first person to call the cops. What if anything will save you in this situation is the third S though.

    "I was in fear of my life. I think I'm in shock. I'd like to go to the hospital. I will render a statement after receiving medical care and speaking with my lawyer."
     
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  24. crispnipz

    crispnipz

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    You better be careful posting Aqua Teen here because as we all remember, its creators were jailed and fined by the City of Boston!
     
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  25. jhblaze1

    jhblaze1

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    don't pull out your gun unless you truly believe you're going to die or get gravely injured. In that case, the legal consequences don't matter bc you'd be dead otherwise.

    My guns are for my protection. I'm not about to pull out my gun to save anyone else's ass. If they gave a shit about their safety then they should take responsibility for it.....the only exception here for me is something like the OP (defending a kid).
     
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  26. pcgod

    pcgod NES Member

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    I have talked to folks about this over the years...When do you pull your gun? Bottom line, we live in a state where you WILL be arrested, they WILL take your gun. Most of us know to shut up, ask for medical help and get a lawyer. But the truth as one old guy told me is most MA gun owners will pull too late and will probably get shot 1st.

    Bravado aside, we all hope and pray we will never have to use a gun in self defense and given our fear of the consequences, we will not pull until we are sure we have no other choices. Note: To protect myself and family yes if I have no other choice I will pull, but to protect others I am not sure and honestly it will depend on the situation.
     
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  27. commodon

    commodon NES Member

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    The mere act of simply drawing your weapon will more than likely require you to get a lawyer and defend yourself in court...
     
  28. Christian

    Christian

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    If the trained professionals have no duty to protect me and mine I, being one of the filthy unwashed masses, can't see myself having any reason to jump in for others.

    Is it a shitty thing to say/attitude to have? Yup.

    Still it's the way the majority of voters here wants it, so, they gets it. Sorry, just can't see myself going to jail and being bankrupted for someone who would otherwise be more than happy to call the fuzz on me because of feelz. I'd rather deal with the mental bits of not doing anything on the outside than having to avoid getting my poop pushed in on the reg behind bars. Law abiding citizens, especially gun owners, are the low hanging fruit for the justice system in this wonderful state. Act accordingly.
     
  29. AHM

    AHM NES Member

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    FPP, or it didn't count.

    (Is Mooninite Lite-Brite even a crime in Suffolk County now?)
     
  30. whatluck

    whatluck

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    I think just opening your jacket a certain way might do it too
     
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