Random Thought (Boston, Florida: section 8, lawyer, house)

[JasonAndAmelia]

Does Mass and Boston in particular allow people to legally own a firearm? Also, are there any laws like the "Make my Day" Laws in several parts of the country, where if someone breaks into your house, and you shoot them, you can't be prosecuted because you are only protecting yourself and your family? Or, is it like Chicago, where only the cops and criminals have guns and if someone breaks into your house and is raping your wife and daughter, you can't do anything about it? Not looking to start a discussion on the validity and safety of properly owning, maintaining, and securing a firearm. Just wondering the legal side in Mass and Boston.

[lrfox]

You can own a firearm in MA (don't know about Boston specifically). My father would lose his mind if he couldn't have his guns (avid hunter). Now, if you have a legally owned weapon and use it in self-defense (like in your home if you're being attacked) then you should get off on "self defense." however you REALLY need to be defending yourself... You can just pop a few rounds in the guy sneaking out of your house with the toaster and get off on self defense claims. In the situation you described so eloquently, I don't know if you can call it "self defense" but I'm sure if you shot someone in the process of doing that (barring a history of prior violence on your part) you'd at LEASt be allotted some leniency.

Why do you ask?

[holden125]

You can be prosecuted (it does not end the inquiry that you were in your home) but it is a defense to any charges filed if you can show that you reasonably believed there was a a risk of great bodily injury or death, and that the force used was reasonable.

Massachusetts General Laws, 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.

Here is some more information--I'm not sure that it's entirely up to date, but it's pretty recent:

Massachusetts Gun Laws - What are the Gun Laws in Massachusetts?

The Beantown Bloggery: Getting a Gun License In Boston

Massachusetts is NOT Kentucky and views on guns are quite different.

[JasonAndAmelia]

Actually, I was raised in Oklahoma, where we were one of the first states to pass a "Make my day" law. And, actually what MA has on the books is very similar. Similar enough that I had a lawyer look at it this morning and he has put me to ease about it. Thanks everyone.

[Cantabridgienne]

You're not trying to start a debate on gun ownership, yet you use an example of a needing to stop something from raping your wife and daughter ? Okay.

[holden125]

Originally Posted by Cantabridgienne

You're not trying to start a debate on gun ownership, yet you use an example of a needing to stop something from raping your wife and daughter ? Okay.

yeah, the wording struck me as a pretty clear indication of the OP's leanings on the issue. I find the whole "Make My Day" nomenclature pretty offensive myself. Dirty Harry is a fictional character, not an aspiration.

The law on the books may be similar in MA and OK, but the law requires "reasonable" force where you "reasonably" perceive a threat of grave physical injury or death. A jury in Oklahoma may be willing to interpret that a lot more broadly than a jury in some counties in Massachusetts. There is a cultural difference with respect to when use of a gun is appropriate.

Of course we are speaking in wild hypotheticals. Most people are not victims of home invasions. Statistically you're much more likely to shoot your wife by accident like that guy in Florida last month.

[LeavingMA]

Be careful, the laws in MA are not intended for gun owners. You would have to prove that you are in direct danger regarding your life before using your weapon. You will probably have a better chance just throwing your bullets at the criminal.

[Bostonian08]

It is against the law to discharge a firearm within the boundaries of the City of Boston. Similar ordinances have been enacted by neighboring communities.

FWIW in my 15 years in Boston I have never seen a civilian brandish a gun threatening another. I even witnessed a guy rob a bank without a gun. I did see 5 cops draw weapons on a kid they chased down the street.

[ogre]

I'm thinking that in another thread I saw that you were feeling that you had your choices for a place to move to narrowed down to Boston and Chicago. Maybe it was at General U.S. in a thread asking about these two cities plus several others, maybe including Denver.

Many factors go into finding the place that is the best fit for a given person, but if Second Amendment rights are especially important to you, then you've chosen two of the worst fits for your interests in that regard. I don't know how Illinois stands on castle law, though your original post leads me to believe that you've discovered that they do not support the castle doctrine. In general, though, IL and MA are very restrictive on guns. They are two of a very few states that require a basic license to even own a gun. As I understand it, Illinois bans concealed carry by civilians altogether. In MA you apply to your local PD for a CCW permit, with permits issued at the police chief's discretion. I don't know a lot of detail about how readily permits are issued in specific towns, but it's my understanding that it varies a lot from town to town as to how readily the permits are issued, with permits issued more in rural towns away from Boston than in the Boston metro area.

Obviously I don't know how you rate the criteria for a place to live, and I can't necessarily assume from a question about castle law that you are interested in less restrictive gun laws in general, but if less restrictive laws in this regard are important to you, then in the Boston area you might want to look at outer suburbs up in New Hampshire, which has some of the less restrictive gun laws of any state. Some of your other threads seem to indicate that you may be looking for something closer to the city, which does not fit well with life in NH, but I guess that would come down to an issue of weighing your priorities. Just to let you know that in this area NH is something to consider if gun rights are high on your list of priorities.

[JasonAndAmelia]

Ok, and yes a few things. First, the name that I used for the law, since the individual statute is different in every state that has a similar law, and I didn't know MA statute regarding it, I used a common name that was used growing up. It is not intended to be offensive or non offensive, but rather a description of the law. It is not intended to glorify or identify with a fictional character, which anyone who has seen any number of the Dirty Harry movies, would know. It is intended as a descriptive term only. To read more into it than is there is up to you, but it simply isn't there.

Second, I didn't post this in the general forum because I already know what CO, CA, IL, and TX have on the books for similar laws. So, I didn't want to know again and get the same information I already have. So, I just posted it in this forum. That question was answered by another poster the even included the statute.

I actually think that Boston's gun laws are very fair. After researching them and posting on other forums questions about it, although they are strict, they are fair. It's a lot fairer than say, Chicago which doesn't allow you to own one at all and has no protection for the homeowner in a case of home invasion. If you would like to know my personal view on firearms, then feel free to message me, but I don't think that this forum is the place to have that discussion.