legality of home defense with firearm

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  • Bullfrog

    Ultimate Member
    Oct 8, 2009
    15,323
    Carroll County

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    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,714
    Glen Burnie
    Any lawyers local in MD that are well versed in dealing with these type of situations besides a company like US Lawshield?
    How much money do you have to give a lawyer a retainer? 30,40k? Then how about bail money? Another 100k? How about crime scene clean up or money to purchase another firearm while yours is in evidence jail?
    It's pretty easy to find 500 bucks a year to not have to worry about that.
     

    Bullfrog

    Ultimate Member
    Oct 8, 2009
    15,323
    Carroll County
    I have CCWSafe. They are completely funded. I don't know the technical term, but they don't rely on some 3rd party insurance company that may change their mind. They also are the only company who had successfully won in an actual self defense case.

    Yes I did, at the time. They offered extensive coverage, and still send me regular posts regarding SD cases and the law.

    I admit I do not know whether they actually deliver. Anyone who can dig up that info and post it here will receive my unsolicited admiration and gratitude.


    Thanks, I'll look into it.
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,779
    DE
    First of all, you don't use lethal force to prevent them from coming in. Maryland believes if you do, you put yourself in the situation to use deadly force which otherwise may have been prevented.
    No shooting someone through your door while they're on the porch, etc... You approaching someone rooting through your shed and they come at you with an axe, and you shoot them, is s justified shoot usually, but Maryland will say you put yourself in that situation.
    Don't let machismo lead you out there, because you will be charged.
    Many self defense cowboys here will say otherwise. They let their emotions dictate their actions.
    MD has the Castle Doctrine. You're justified to use lethal force without having to retreat to avoid using that force. However, you still need to satisfy the 3 pillars of self defense,
    Means, opportunity, and intent from the threat.
    I'm not typing all that out from my cell phone.

    Good luck.

    The only thing you left out was STFU and don't answer any questions. Let your lawyer make your statement.
     

    Sirex

    Powered by natural gas
    Oct 30, 2010
    10,457
    Westminster, MD
    Yes, but they are outside the home. Can you imagine Marilyn Mosby agreeing it was a clean shoot?

    It's interesting you brought that up, and it was a concern, or rather scenario I had thought about. Even if we were able to fend off rioters, I figured spite would come into play and they would try to burn us out of our home. My plan has been to use the .22 to shoot the bottle as they light it, or reel back to throw. At the point we are under attack, legality won't be my primary concern, as would survival. If they are lighting a cocktail to throw, my assumption would be if we fled out of the home, they would be waiting for me or my family and attack. I also thought about skeet shooting, if it made it into the air. My last resort is I have quite a few fire extinguishers in the home. Abandoning the home would also be a last resort should they not work. I put nothing past these evil people. If it comes down to it, it is fight or die.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,878
    Bel Air
    It's interesting you brought that up, and it was a concern, or rather scenario I had thought about. Even if we were able to fend off rioters, I figured spite would come into play and they would try to burn us out of our home. My plan has been to use the .22 to shoot the bottle as they light it, or reel back to throw. At the point we are under attack, legality won't be my primary concern, as would survival. If they are lighting a cocktail to throw, my assumption would be if we fled out of the home, they would be waiting for me or my family and attack. I also thought about skeet shooting, if it made it into the air. My last resort is I have quite a few fire extinguishers in the home. Abandoning the home would also be a last resort should they not work. I put nothing past these evil people. If it comes down to it, it is fight or die.
    Yep, keep your family safe first and worry about consequences later.
    ...and maybe a mine sweeper...
    There is always someone out there with cooler shit than I have....
     

    daNattyFatty

    Ultimate Member
    Aug 27, 2009
    3,908
    Bel Air, MD
    How much money do you have to give a lawyer a retainer? 30,40k? Then how about bail money? Another 100k? How about crime scene clean up or money to purchase another firearm while yours is in evidence jail?
    It's pretty easy to find 500 bucks a year to not have to worry about that.



    Just curious, what’s your preferred method of carry?


    Sent from my iPhone using Tapatalk Pro
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    The castle doctrine in Maryland states that when a person is inside their home, they do not have to retreat. A homeowner is allowed to stand their ground and attempt to defend themselves against an intruder, as long as the use of force is reasonable.

    Maryland also has a duty to retreat law that states if a person is defending themselves outside of their home, they have a duty to retreat.

    Again, neither are codified in the actual law.

    Only via rule of common law and case precedents.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,377
    I believe the term Orig Mex Bob had in mind was * Reasonable & Prudent *

    In much of the discussion here generally , there is confusion over the work " Fear " .

    There is distinction between " Bare Fear " , think pure panic and " Reasonable Fear " . Think in terms of a Reason and Prudent belief that ( abc situiation ) could likely result in ( xyz bad consequences ) . In this discussion would relate to an articulable reasoning of pending threat of Death, or Serious Bodily Injury .
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,714
    Glen Burnie
    Again, neither are codified in the actual law.



    Only via rule of common law and case precedents.
    It doesn't matter. The bottom line is that there is no longer a duty to retreat in your own home. Which I believe had been the case since about 1966.
     

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