[Rhodes22-list] Home Defense- (was Guns and Politics)

[Todd Tavares]

   There is so much dis-information circulating about the home defense issue.  I took a home defense class.  Well it was more like a lecture and briefing on the Maryland laws and how not to violate the home invader's rights.  That's correct.   The criminal has rights---usually more than you as a home owner defending your family.   Guys at the range always boast "Yeah,  if he dies in the yard, make sure you drag him in the house."  The fact is, in Maryland anyway, regardless of how or where you gun down a home intruder, if he is not threatening your life, you can not just shoot him dead. 

  If I am awakened in the night and go down stairs gun in hand to find a burgular with my computer or stereo in hand, and gun him down....in Maryland I will be charged with manslaughter.  I can not use lethal force in my own home unless my life is threatened.  Not if I am getting robbed or just plain scared.

  Given the scenerio above, the possible variables will most likely be (1) the guy drops the booty and runs - in which it is a criminal trespass. (2) the guy stops and you hold him at gunpoint until the police arrive (loudly announcing to the police on the doorstep that you are the homeowner and have a gun), and the intruder is guilty of breaking and entering, etc....but still property crimes.  (3) the guy drops the booty (maybe drawing a weapon) and advances in your direction.  This is when I am legally permitted in Maryland to use deadly force.  I have to take a defensive position and give the criminal a chance to surrender, much the same as a police officer would do.

  If I improperly used lethal force against an intruder and wounded or permanently maimed him,  I could possibly be charged with a crime.  I also be sued by the criminal for injury, pain and suffering etc etc.......especially if I have the gun loaded with powered up reloads, Hydra-shocks, hollow points, Black Talons or other "man-killer" bullets. 

  This changed my way of thinking about home defense.  I have two "home defense" guns and use 'frangible' (sp?) home defense cartridges.

Todd


-- 
___________________________________________________________
Sign-up for Ads Free at Mail.com
http://promo.mail.com/adsfreejump.htm