HooVooLoo
NES Member
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So I've done a NES search and cannot find an in-depth discussion on this issue. I think it is relevant in today's mass-shooting world.
In FL, it is easy. You are allowed to use deadly force to prevent the commission of the crime of forcible felony, which includes a whole bunch of (considerably minor) shit like someone stealing you car, or witnessing a rape. Legal repercussions withstanding, as it is technically allowed by the law.
So we come to MA, where there is actually a duty-to-retreat law, which states that proportional force must be exercised, but first you have a duty-to-retreat before reasonable force may be applied.
The Castle Doctine in MA applies to truly only your home, and so is where Stand-Your-Ground applies.
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But what about in the situation like what happened in Buffalo, with that maniac targeting black folks? Or any of a hundred other recent cases across the country?
As I interpret it, if I am in a WalMart, and some freak comes in with an AR and starts killing people, and I am crouched behind some merchandising display on the other side of the store, the law says I have a duty to retreat from the incident because I am not in immediate threat of harm.
But this then brings up the Patriot Games Scenario...
The one where Jack Ryan (played by Harrison Ford) has the line..."I could not stand by and watch them kill all those people...") <----Paraphrasing, I am sure.
So where does the line blur in MA on the protection of others?
If I am legally allowed to carry in MA, and I am in a Walmart and some maniac is near me and gunning people down, do I choose the moral right and shoot the perp to end the encounter, or do I choose the safe route, as defined by MGL, and flee the store and let the cops deal with it, after a countless number of other people die after I flee and "leave it to the LE who are 10 minutes away"?
(As a side note, there is the legal theory of proportional force in MA. So if I shoot the mass-shooter in the leg and that ends the threat, that should be fine, legally. However...Because of said rule, was that disproportionate. because if he went down after a shot to the leg, then maybe he would have gone down with a good talking to instead)?
Your thoughts *sniffs* <------- Bonus points if you know what that is from.
In FL, it is easy. You are allowed to use deadly force to prevent the commission of the crime of forcible felony, which includes a whole bunch of (considerably minor) shit like someone stealing you car, or witnessing a rape. Legal repercussions withstanding, as it is technically allowed by the law.
So we come to MA, where there is actually a duty-to-retreat law, which states that proportional force must be exercised, but first you have a duty-to-retreat before reasonable force may be applied.
The Castle Doctine in MA applies to truly only your home, and so is where Stand-Your-Ground applies.
-------------------
But what about in the situation like what happened in Buffalo, with that maniac targeting black folks? Or any of a hundred other recent cases across the country?
As I interpret it, if I am in a WalMart, and some freak comes in with an AR and starts killing people, and I am crouched behind some merchandising display on the other side of the store, the law says I have a duty to retreat from the incident because I am not in immediate threat of harm.
But this then brings up the Patriot Games Scenario...
The one where Jack Ryan (played by Harrison Ford) has the line..."I could not stand by and watch them kill all those people...") <----Paraphrasing, I am sure.
So where does the line blur in MA on the protection of others?
If I am legally allowed to carry in MA, and I am in a Walmart and some maniac is near me and gunning people down, do I choose the moral right and shoot the perp to end the encounter, or do I choose the safe route, as defined by MGL, and flee the store and let the cops deal with it, after a countless number of other people die after I flee and "leave it to the LE who are 10 minutes away"?
(As a side note, there is the legal theory of proportional force in MA. So if I shoot the mass-shooter in the leg and that ends the threat, that should be fine, legally. However...Because of said rule, was that disproportionate. because if he went down after a shot to the leg, then maybe he would have gone down with a good talking to instead)?
Your thoughts *sniffs* <------- Bonus points if you know what that is from.