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Discussion Starter #1
Due to the SD shooting yesterday, in the town I grew up in, I am curious to know .....what is the Mass gun Law concerning the Castle Doctrine? The news reporter referred to it, but then, some state guy said that first, you must try to retreat! THAT is not the Castle Doctrine, IMHO! I wasn't aware that the Castle Doctrine was law in this state.

I have searched for the Mass gun laws, but seem to be going in circle. (Stupid Computer! :x ) Can anybody give me a direct link to this info? I tried Massgov.org/gunlaws, but something is missing.

I used to have the link, but must've deleted it. Thanks, Bob
 

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Bob,

There is no real "castle law" in MA. The person who kills/injures a home invader/robber in their house CAN DEFEND HIM/HERSELF by trying to prove to a jury that the following statute applies in their particular case. Int he vernacular, "you might beat the rap, but you do go for the ride"! In general the person can expect to pay $50-100K for a good lawyer to beat the rap. Then they face the civil lawsuit that is inevitable! :shock:

BTW: This ONLY applies to "in a dwelling", not when attacked on the street or in your car, etc. So anywhere except a dwelling, you are obligated to attempt to escape before using deadly force . . . and there is no self-defense law to protect you regardless.

http://www.mass.gov/legis/laws/mgl/278-8a.htm


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.
 

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Discussion Starter #3
Thanks, l-M&P. I didn't think that there was a "Castle Doctrine" law in this dumb state, but, in the report, a local cop referred to it as a
Castle Doctine shooting. It's not unusual for cops to not know the law. :roll:

The shooter was not charged, but he ain't gonna be well liked in that town. The kid that was shot, walked into the wrong condo, and threatened the guy inside......supposedly. He might have been druck, and entered the wrong place.

He was a high school athelete in his senior year. His friends, and others in town, are supporting the kid, saying what a good kid he was. :roll: Bob
 
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