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Originally Posted by Mugz
On another note.....if someone were to break into my house while me and my pregnant wife were there and threatened us both, without showing a gun or knife, could I legally shoot the bastid?
I think my trigger finger would be very loose if that were to happen..... What if he did have a gun, never fired a shot and I got him first? What if he had nothing and I shot him anyways? Always wondered.....
I'm sure the majority of the public would be in my favor but would the law?
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get a lawyer to answer this question.
it depends on what state you live in.
http://www.mass.gov/legis/laws/mgl/278-8a.htm
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PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGS IN 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.
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