Castle Doctrine - Maryland

Whiskeyrunner21

New member
Question ....... I have read the law but through the ideas of a home owner not an attorney.

Does the fact that I have someone in my home with intent to burglarize or harm me mean I can shoot even though a weapon is not evident?

Thanks
 
Shoot until no more rounds are left, that way only you testify (if called upon). Rare that a prosecutor will do anything to a person defending his home.
 
No. Shoot until no more threat is left. If you're a really bad shot and the BG manages to flea the property after your first three rounds discharged, under your advise, I'd still have to fire the other 7 rounds in my 10 round magazine into the floor or some such.

Shoot until the threat is gone. That does not mean that the BG is gone, just that he is no more of a threat. I would deem him a threat whenever he is standing on his own two feet and/or holding something in his hand that looks like it might be a firearm. *bang* BG goes down, but still has his gun in his hand. *bang* BG drops his gun, but is getting back up. *bang* BG goes down hard and stops moving. The threat posed by the BG just evaporated in a cloud of smokeless powder, so no more bangs, and I still have 7 more rounds in the magazine for any of his friends that might be coming to his rescue.

Even under nca_mm's advise, I'd be pumping 7 more rounds into a prone person who may not yet be dead. The only justification for that is extreme emotional distress and panic, which, granted, is not unheard of in home defense situations, but it's still wasteful. Wasteful of a human life that as yet has not been tried, found guilty, and sentenced for the crime of home invasion-burglary. Wasteful of ammunition that may yet be needed for other purposes. And wasteful of your own life if you disarm yourself by unloading your firearm unnecessarily and there turned out to be another BG in the next room waiting for the shooting to stop to "bravely" come to the defense of his partner in crime.

You do not shoot to kill. You do not shoot to wound. You do not shoot to disarm. You shoot to stop the attack, stop the crime, stop the threat. Period.
 
I'm guessing you live in Maryland.
I'm in Pa. and we look at Maryland gun laws as anti 2nd Amend.
Question you must ask : Do you have the Castle Doc.?
Is it stated anywhere ----"You must Retreat"?
Do not ever guess at gun laws. They are not forgiving and States like MD., N.J., N.Y., MASS. Love to prosecute / test gunlaws.


~BEST~
BILL---------------------------------------------->
 
Question ....... I have read the law but through the ideas of a home owner not an attorney.

Does the fact that I have someone in my home with intent to burglarize or harm me mean I can shoot even though a weapon is not evident?

Thanks

They're in your "castle," & you're in fear for your life, right?
 
First of all it is not at all rare for a prosecutor to bring a successful judgement against a person who would empty their weapon into a body. Second you would likely have to lie under oath to defend your action. Third you will have to live with the fact that you killed another human being; having to shoot someone will be bad enough, intentionally killing someone is something you will need to live with the rest of your life. It's a lot easier to justify the death of an attacker because you were in deadly peril than to justify emptying your gun into a person who is no longer a threat to you.
 
I hope it wouldn't take a full magazine to eliminate a threat that is in your castle. I could easily live with the fact that I killed another person especially if that kept my family safe. As long as they're safe then I really wouldn't lose sleep over it, but that's just me.
 
We have not had enough (several thousand cases) to really set up the case law interpretation of the "Castle Doctrine" yet. The overall "stopping threat to your life" seems to be the prevailing legal grounds in the cases heard. There are many nuances of law involved here , other than simply "he was in my house and I shot him" so we don't really know yet just how much leeway we have. All it takes is something like "He called him to come over and left the door unlocked" to really make the Castle Doctrine fall apart as a defense. For the most part, if there is a forced entry of any type, it seems like we are on firm ground. Put good locks on your doors and windows. If they get in, you are probably cleared to fire.
 
How to defend yourself and CYA at the same time

I don't know about Maryland's law. I live in Colorado and we have the right to defend our home - period.

In the CCW class I took the instructor, a prior deputy, presented an interesting way to handle this IF you have the time. He stated call 911 and bring the phone with you or drop it nearby so everything is recorded on the 911 tapes and you can yell to the intruder to get down and comply with your commands or to leave or whatever, state that you're armed and will shoot and that the police are on the way. If he doesn't comply and if he comes toward you - he obviously means to harm you and is a danger to you - then you do whatever you need to do to protect yourself. Then, you have proof of what happened on the 911 recording. Pretty cut and dry in my opinion.

DISCLAIMER: I'm not a lawyer or providing legal advice.
 

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