Does castle extend to ur vehicle

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  • platoonDaddy

    Ultimate Member
    Jun 30, 2011
    4,124
    SouthOfBalto
    In MD does ur castle extend to your vehicle if u are in it and someone tries to enter against ur will?
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,236
    Montgomery County
    That said, your Maryland duty to retreat doesn’t require you to leave the space you’re in and flee into a more dangerous one. In these recent mob scenes, retreating from your car directly into the mob’s arms is not viable.
     

    CroftonBilly

    Ultimate Member
    MDS Supporter
    Apr 26, 2011
    1,177
    Crofton
    To anyone asking that question, also consider it and any of your responses rephrased coming at you from a MD prosecutor... can you justifiably use deadly force in self defense of a perceived forcible felony (armed carjacking, kidnapping)? What if you don't have a MD CCW permit? Could you have driven and removed yourself from the situation without putting yourself in more danger? Did you instigate/provoke the interaction? Is the level of response justified for the perceived threat? What can you reasonably prove?

    Serious questions with immediate life, death, and future freedoms on the line... Ones to take seriously for those who carry. Carry insurance and the associated knowledge and legal resources provided are with looking into as well... And a dashcam!
     

    spoon059

    Ultimate Member
    Jun 1, 2018
    5,335
    Let's not forget this is Maryland... you had better have a great reason as to why you had a gun in your car that was accessible and easily loaded.

    In the end, it won't matter if the shoot was justified, they will come after you for some regulatory violation.

    Sent from my SM-N970U using Tapatalk
     

    Racer Doug14

    Thread killer
    MDS Supporter
    Patriot Picket
    Feb 22, 2013
    8,003
    Millers Maryland
    Maryland law basically requires you to die. Then leave everything you own to the state and criminals, who are one in the same.
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,409
    Glen Burnie
    I can't find the thread now, but for the ones who ask if a visiting relative or just a roommate can use deadly force inside that house, is yes. I can't believe a couple people actually said that they couldn't.

    Barton v. State, 46 Md. App. 616, 618, 420 A.2d 1009, 1010-1011 (1980). A man "is not bound to flee and become a fugitive from his own home, for, if that were required, there would, theoretically, be no refuge for him anywhere in the world.".[3]

    A person does not have to be the owner of the home or the head of the household in order to be able to invoke the "Castle Doctrine." Instead, "any member of the household, whether or not he or she has a proprietary or leasehold interest in the property, is within its ambit. ... ".[4]

    However, even in one's own home, the degree of force used in self-defense must not be "excessive." Crawford v. State, supra, 231 Md. at 362, 190 A.2d at 542. Quoting a treatise on criminal law, the Court of Appeals said in Crawford:
     

    TexasBob

    Another day in Paradise
    MDS Supporter
    Oct 25, 2012
    2,485
    Space Coast
    Under Florida Statute 776.013, which is commonly known as the Florida Castle Doctrine, there is a powerful “presumption of reasonableness.” FloridaCastle Doctrinelaws extend to a person's dwelling, residence, or occupied vehicle.



    I have told my family over and over to remember the phase, " I was in fear for my life" and empty the mag! :cool:
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    Threeband

    The M1 Does My Talking
    MDS Supporter
    Dec 30, 2006
    25,232
    Carroll County
    Ur of the Chaldees was Abraham's home town. I don't think they had castle doctrine there.


    Please do not substitute "u" and "ur" for "you" and "your." There is no excuse for it. It is annoying and creates a bad impression. Your reader thinks less of you for it.
     

    TheOriginalMexicanBob

    Ultimate Member
    Jul 2, 2017
    32,168
    Sun City West, AZ
    If you're in a motorhome serving as your temporary residence the law may not apply but it's very arguable. There may be court precedent on this but I doubt if MD would care or follow it. The Castle Doctrine may extend to this but it would be a state-by-state thing.
     

    IronEye

    Active Member
    MDS Supporter
    Feb 10, 2018
    790
    Howard County
    Maryland does not allow deadly force to be used to protect property. You can only use deadly force when there is a fear of death or severe bodily harm.

    Maryland does NOT extend Castle Doctrine to include an occupied vehicle.
     

    Stevie Boy

    Ultimate Member
    May 2, 2011
    1,060
    Naples, FL and Ocean Pines, MD
    Under Florida Statute 776.013, which is commonly known as the Florida Castle Doctrine, there is a powerful “presumption of reasonableness.” FloridaCastle Doctrinelaws extend to a person's dwelling, residence, or occupied vehicle.



    I have told my family over and over to remember the phase, " I was in fear for my life" and empty the mag! :cool:
    .
    .
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    True and it should be noted that you can travel with a loaded firearm concealed within the car without a CC permit.
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,409
    Glen Burnie
    Maryland does not allow deadly force to be used to protect property. You can only use deadly force when there is a fear of death or severe bodily harm.

    Maryland does NOT extend Castle Doctrine to include an occupied vehicle.

    Be careful. Do not use castle doctrine and Maryland in the same sentence. An expert will be along shortly to tell you Maryland does not have a Castle Doctrine, but goes by olden day common law. Even though it's easier to understand saying Castle Doctrine.
     

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