Can You Legally Shoot a Trespasser in Massachusetts?
I'm that kind of person that's all for the fourth amendment in the United States. In terms of gun control, I think everyone should be properly trained when it comes to handling a firearm. That's my opinion since I have a handful of friends have their FID and LTC to legally carry.
Since you can legally carry with the proper permits and licensing in Massachusetts, what are the laws and regulations?
According to bostoncriminallawyerblog.com, states like Texas and Florida are considered "stand your ground" states. Massachusetts on the other hand is not a "stand your ground" state. Massachusetts is known as a "duty to retreat" state meaning that that you cannot use deadly force even in as an act in self-defense if you can reasonably avoid harm by retreating (such as running away). If for some reason you're not able to run away, you can legally use deadly force as self-defense.
Even though Massachusetts is a "duty to retreat" this however does not apply to home intruders. This is due to a MA statute called Castle Doctrine, there is no duty to retreat when the intruder is in your home. Castle Doctrine does not take place if the trespasser is only in someone's driveway for example unlike other states mentioned. A Boston defense attorney can help you determine how to proceed if someone is charged with such crime.
So, what is the appropriate action to take if your home gets invaded for self-defense?
In both stand your ground and duty to retreat states, the type of self-defense used against an intruder cannot be deemed as a threat. For example, if you get up in the middle of the night and go downstairs for a midnight snack and find an unarmed burglar in your kitchen, shooting him a million times would likely to be determined as being over the top which can land you in legal trouble.
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