When Is It OK To Shoot An Intruder?

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Should you have the right to shoot an intruder in your home?
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How to legally protect your home

22News examines legal defintion of self defense

Updated: Friday, 08 May 2009, 7:18 PM EDT
Published : Friday, 08 May 2009, 12:55 PM EDT

A Wilbraham man allegedly shot and killed an intruder Thursday night inside his home, claiming self defense.

And under Massachusetts law you do have the right to protect yourself.

The Castle Doctrine says a man's home is his castle and it is routed in English common law. It states a homeowner has the right to shoot the burglar and not face jail time.

Attorney Kevin Maltby, an associate at Bacon and Wilson said, "There is a duty to retreat as well in Massachusetts which means that if the assailant comes after the individual, he had to look to see whether there are other avenues before they elect to use force."

Opponents of such a bill say it promotes the concept of shooting first and asking questions later.

The owner of AAA Guns in West Springfield told 22News many of his customers buy a weapon to keep their family safe while at home. This is what he tells his clients before he sells them a gun.

David Stewart said, "The option of shooting someone is the last available course of action. That is basically our advice to them."

Here’s a link to Massachusetts’ Castle Doctrine:

http://www.mass.gov/legis/laws/mgl/278-8a.htm
 

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