UglyDan®©™ wrote:
(Eisboch) wrote
I don't know about all states, but here in MA there are apparently
different rules regarding the use of deadly force in the event of a home
break-in. I understand that if the break-in occurs at night, deadly
force is justified in the eyes of the courts, but if it occurs during
daylight hours, there are no guarantees that the home owner will be held
harmless or not charged with something.
Eisboch

It could be a problem for anyone in MA that works swngshift.
Good night, Sleep tight. UD





In Maryland, there is case law indicating duty to retreat does not apply
when attacked in one's home. Other exceptions to duty to retreat are
being the victim of a robbery, situations where the imminent peril of
attack makes retreat impossible or retreat would not remove the danger.

Ergo, if some drooler breaks into my house at night, I have no duty to
retreat. I'll simply shoot the sucker.

Massachusetts:

PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGSIN CRIMINAL CASES

TITLE II. PROCEEDINGS IN CRIMINAL CASES

CHAPTER 278. TRIALS AND PROCEEDINGS BEFORE JUDGMENT

Chapter 278: Section 8A. Killing or injuring a person unlawfully in a
dwelling; defense

Section 8A. In the prosecution of a person who is an occupant of a
dwelling charged with killing or injuring one who was unlawfully in said
dwelling, it shall be a defense that the occupant was in his dwelling at
the time of the offense and that he acted in the reasonable belief that
the person unlawfully in said dwelling was about to inflict great bodily
injury or death upon said occupant or upon another person lawfully in
said dwelling, and that said occupant used reasonable means to defend
himself or such other person lawfully in said dwelling. There shall be
no duty on said occupant to retreat from such person unlawfully in said
dwelling.



About the same in Massachusetts as in Maryland in terms of effect. If
someone breaks into your house in Massachusetts, you can shoot him.
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