Quoted: Great responses, thanks. Crazy story Forest, wonder if that would happen anywhere else in MD besides Baltimore city/county and Monkey county.
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Definately PG, Most likely Howard & Anne Arundle. The other counties are more rural/conservative leaning so you'd be more likely to be praised by the LEOs for the same situation (note the situation was
not about defending property).
So bringing the threat to the perp would be considered enticing violence?
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Sure, you're the one who grabbed the gun and went out to meet him.
At what point are lives threatened?
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That is always the 'sticky' point and is subject to the SPECIFIC situation and facts. It's also the reason why you NEVER talk to the cops (though you will want to) and why you shouldn't try to talk your way out of them taking you in (just assume if you fire - you WILL be taken in). Talk to a Lawyer BEFORE you talk to the cops.
When you feel threatened and they brought it to you? Any home invasion where you feel threatened?
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A home invasion is an definate 'Ok to use deadly force' situation. But again, expect to be taken in and booked. There are lots of rules. Like at night you can assume the worst, while in daytime you have less leeway. I've been told in a course I took here in MD a number of years ago (3 hour introductory course) that not only do you have to feel threatened, but the person has to have a weapon AND it must be pointing at you.
Now even if that is true (I honestly don't know that courses instructor was not a lawyer) this is a good reason why you need to talk to a laywer first. Suppose that is a 'rule' in MD, if you told the cops you shot the burglar when you saw he had a gun - and the cop asks you was it pointing at you. Maybe it was - maybe it wasn't, your answer may be the difference between no problems and being pulled before a grand jury.
Does anyone have any reading materials from something like the Fire Institute? Thanks.
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FIRE does pass out materials, but I don't recally anything on this particular subject. As Pete will show you it's vastly complex and depending on the facts of the specific situation the results can change. Again Pete will have cases to illustrate this. It's not a simple 'If X and Y then you can do Z' kind of thing. There is one thing Pete did give me that relates to these scenarios. It's a business card I keep in my wallet. On one side it has the following:
I'm sorry officer, but my Attorney has advised me that if I am ever involved in, or witness to, any kind of shooting, I am not to make any statements to anyone or answer any questiosn of any kind until I have spoken to him. I would like to confer with my Attorney, and I do not wish to answer any questions until I have done so.
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On the other side is a place for an Attourney's Name, day & evening number and the name & phone number of someone who can contact that attorney for me. Note that is very important - because at 3am when you're in jail after shooting that home invader you will only be able to call one time. Call a person you KNOW you can get in touch with - and have your attourney's contact information available to them already. If it's your wife you'll be calling - have the attourney info posted on the refridgerator or someplace that is EASY to find (don't put it in a rolodex, on the computer, or in a drawer). That person should be trying to contact the attourney for you. If you're single you and a buddy could cover for each other - or if you have a parent or sibling make sure they have a copy of your attourney's card in their wallet or on their refridgerator.