He stood his ground; a victory for gun rights!
- Thread starter Legion Troll
- Start date
Wait... Isn't that what Biden told people to do? Because he thinks it would be too hard to handle an AR-15 girls should fire shotgun rounds through their front doors?
I'm pretty sure I remember that.
http://www.usnews.com/news/articles/2013/02/28/biden-advises-shooting-shotgun-through-door
He's just following the advice of our friendly neighborhood Vice President DrunkenUncle...
Legion Troll
A fine upstanding poster
Are you advocating following all of Biden's advice, or just some of it?
BTW, is the valiant shooter in this case a woman? Did he use a shotgun?
Are you saying that Biden did suggest it was a good thing to fire through closed doors?
Legion Troll
A fine upstanding poster
Here's what the article Y O U cited says Biden said:
Biden told an interviewer that he had advised his wife, Jill, "if there's ever a problem, just walk out on the balcony here, walk out and put that double-barrel shotgun and fire two blasts outside the house."
http://www.usnews.com/news/articles/2013/02/28/biden-advises-shooting-shotgun-through-door
Are you asserting that the brave patriotic homeowner in the OP is Jill Biden?
SmarterthanYou
rebel
I advocate home residents shooting ANYONE that attempts to enter their home uninvited. This incident is only one example of many that shows the utter failure of the community caretaker exception that was created by the courts and approved by the sheeple.
SmarterthanYou
rebel
you're still a dropout moron. how long will your family trust last as you smoke and snort it up?
SmarterthanYou
rebel
should vice president biden hold some responsibility for advocating such actions?
SmarterthanYou
rebel
you're confused. the castle doctrine is nothing more than a law that provides immunity from prosecution or litigation for defending ones self or family in their own home via the 4th Amendment.
Legion Troll
A fine upstanding poster
Is our hero being prosecuted for defending himself or family in his own home?
A firefighter doing his/her job?
SmarterthanYou
rebel
Till your grandson gets kick out of the navy
SmarterthanYou
rebel
Legion Troll
A fine upstanding poster
In the case of State v. Faulkner, 301 Md. 482, 485, 483 A.2d 759, 761 (1984), the Court of Appeals of Maryland summarized those principles, and stated that a homicide, other than felony murder, is justified on the ground of self-defense if the following criteria are satisfied:
(1) The accused must have had reasonable grounds to believe himself in apparent imminent or immediate danger of death or serious bodily harm from his assailant or potential assailant;
(2) The accused must have in fact believed himself in this danger;
(3) The accused claiming the right of self defense must not have been the aggressor or provoked the conflict;
(4) The force used must have not been unreasonable and excessive, that is, the force must not have been more force than the exigency demanded.
See also Roach v. State, 358 Md. 418, 429-30, 749 A.2d 787, 793 (2000).
A person does not have to retreat if it would not be safe for the person to do so. "If the peril of the defendant was imminent, he did not have to retreat but had a right to stand his ground and to defend and protect himself." Bruce v. State, supra, 218 Md. at 97, 145 A.2d at 433.
The duty to retreat also does not apply if one is attacked in one's own home. "[A] man faced with the danger of an attack upon his dwelling need not retreat from his home to escape the danger, but instead may stand his ground and, if necessary to repel the attack, may kill the attacker." Crawford v. State, 231 Md. 354, 361, 190 A.2d 538, 541 (1963). The Court of Appeals said in Crawford, a case in which the defendant fatally shot a younger man who was attempting to break into his home to beat and rob him:
"A man is not bound to retreat from his house. He may stand his ground there and kill any person who attempts to enter by force. In such a case the owner or any member of the family, or even a lodger in the house, may meet the intruder at the threshold, and prevent him from entering by any means rendered necessary by the exigency, even to the taking of his life, and the homicide will be justifiable."
Id., 231 Md. at 361, 190 A.2d at 542, quoting Clark and Marshall, Law of Crimes, (6th ed. Wingersky rev.), § 7.03, pages 436-37.
This principle is known as the "Castle Doctrine", "the name being derived from the bedrock principle that 'a man's home is his castle' and his ultimate retreat." Barton v. State, 46 Md. App. 616, 618, 420 A.2d 1009, 1010-1011 (1980). A man "is not bound to flee and become a fugitive from his own home, for, if that were required, there would, theoretically, be no refuge for him anywhere in the world." Barton, 46 Md. App. at 618, 420 A.2d at 1010.
A person does not have to be the owner of the home or the head of the household in order to be able to invoke the "Castle Doctrine." Instead, "any member of the household, whether or not he or she has a proprietary or leasehold interest in the property, is within its ambit . . . ." Barton, 46 Md. App. at 619-20, 420 A.2d at 1011.
(1) The accused must have had reasonable grounds to believe himself in apparent imminent or immediate danger of death or serious bodily harm from his assailant or potential assailant;
(2) The accused must have in fact believed himself in this danger;
(3) The accused claiming the right of self defense must not have been the aggressor or provoked the conflict;
(4) The force used must have not been unreasonable and excessive, that is, the force must not have been more force than the exigency demanded.
See also Roach v. State, 358 Md. 418, 429-30, 749 A.2d 787, 793 (2000).
A person does not have to retreat if it would not be safe for the person to do so. "If the peril of the defendant was imminent, he did not have to retreat but had a right to stand his ground and to defend and protect himself." Bruce v. State, supra, 218 Md. at 97, 145 A.2d at 433.
The duty to retreat also does not apply if one is attacked in one's own home. "[A] man faced with the danger of an attack upon his dwelling need not retreat from his home to escape the danger, but instead may stand his ground and, if necessary to repel the attack, may kill the attacker." Crawford v. State, 231 Md. 354, 361, 190 A.2d 538, 541 (1963). The Court of Appeals said in Crawford, a case in which the defendant fatally shot a younger man who was attempting to break into his home to beat and rob him:
"A man is not bound to retreat from his house. He may stand his ground there and kill any person who attempts to enter by force. In such a case the owner or any member of the family, or even a lodger in the house, may meet the intruder at the threshold, and prevent him from entering by any means rendered necessary by the exigency, even to the taking of his life, and the homicide will be justifiable."
Id., 231 Md. at 361, 190 A.2d at 542, quoting Clark and Marshall, Law of Crimes, (6th ed. Wingersky rev.), § 7.03, pages 436-37.
This principle is known as the "Castle Doctrine", "the name being derived from the bedrock principle that 'a man's home is his castle' and his ultimate retreat." Barton v. State, 46 Md. App. 616, 618, 420 A.2d 1009, 1010-1011 (1980). A man "is not bound to flee and become a fugitive from his own home, for, if that were required, there would, theoretically, be no refuge for him anywhere in the world." Barton, 46 Md. App. at 618, 420 A.2d at 1010.
A person does not have to be the owner of the home or the head of the household in order to be able to invoke the "Castle Doctrine." Instead, "any member of the household, whether or not he or she has a proprietary or leasehold interest in the property, is within its ambit . . . ." Barton, 46 Md. App. at 619-20, 420 A.2d at 1011.
Invade? Funny that you define invasion as firefighters doing something at the request of a concerned family member.
Leave it up to an anarchist to advocate the killing of firefighters. Perhaps is you house ever catches on fire they won't come put it out since you may call that invading your property. Perhaps you'll perish as a result.
SmarterthanYou
rebel
Legion Troll
A fine upstanding poster
Shoot first, ask questions later. 
Why don't you ask that family member?
Let's get beyond if your house burns. Let it happen and firefighters not show because you don't think it's anyone's business.