Quantcast
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Help needed: states that don't allow civil suit if shooting justified

Discussion in 'Legal' started by Nickotym, Nov 22, 2004.

Thread Status:
Not open for further replies.
  1. Nickotym

    Nickotym Member

    Joined:
    Jul 30, 2003
    Messages:
    719
    Location:
    Virginia
    In various readings here and on packing.org I have seen people who mentioned that their state has laws on the books which make you immune to having a civil suit brought against you if you are found to have been justified in shooting a perp.

    I am in a discussion on Glocktalk with someone who doesn't think any states have laws for this. Can you tell me if your state has a law like this and give a cite for the code online?

    Thanks,
     
  2. Nickotym

    Nickotym Member

    Joined:
    Jul 30, 2003
    Messages:
    719
    Location:
    Virginia
    Anyone, Bueller?
     
  3. Tory

    Tory member

    Joined:
    Aug 29, 2004
    Messages:
    911
    Whoever is stating that there are no such laws

    is misinformed. I could make a snotty remark about tupperware shooters, but will bite my tongue and refrain from the cheap (plastic) shot.

    From the Massachusetts General Laws:

    G.L.c. 278, § 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.

    G.L.c. 231, § 85U. Death or injury to unlawful dwelling occupants; liability of lawful occupants.

    Section 85U. No person who is a lawful occupant of a dwelling shall be liable in an action for damages for death or injuries to an unlawful occupant of said dwelling resulting from the acts of said lawful occupant; provided, however, that said lawful occupant was in the dwelling at the time of the occurrence and that he acted in the reasonable belief that the person unlawfully in said lawful dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said lawful occupant used reasonable means to defend himself or such other person lawfully in said dwelling. There shall not be a duty on said occupant to retreat from such person unlawfully in said dwelling.

    Section 8A provides an affirmative defense in a criminal prosecution; Section 85U is the BAR to civil claims the Glock yakker claims does not exist.

    Go enlighten him......... :neener:
     
  4. Correia

    Correia Moderator Emeritus

    Joined:
    Dec 19, 2002
    Messages:
    10,648
    Location:
    SLC
    Utah for one. You are not liable for injuries sustained by someone if they are in the commission of a felony. However there are some caveats. I have the actual code printed out with my CCW class materials. I'll find the code section when I get home.
     
  5. Ginger

    Ginger Member

    Joined:
    May 17, 2004
    Messages:
    155
    Location:
    Denver Metro Area
    Colorful Colorado!

    Colorado statute 18-1-704.5:

    quote:
    --------------------------------------------------------------------------------
    (1) The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes. (2) Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant. (3) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from criminal prosecution for the use of such force. (4) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.

    They don't the "Make My Day" law for nothing.
     
  6. Nickotym

    Nickotym Member

    Joined:
    Jul 30, 2003
    Messages:
    719
    Location:
    Virginia
    Keep it coming guys, in addition to showing the fellow on Glocktalk, I would like to have some examples to take to my state legislator to get our laws improved.
     
  7. Flyboy

    Flyboy Member

    Joined:
    Apr 19, 2004
    Messages:
    1,888
    Location:
    Oklahoma City, OK
    Oklahoma

    This is not the Self Defense Act (that's 1290), but it is my understanding that this provision has been applied to any good shoot, not just in-home shoots.
     
  8. erik the bold

    erik the bold Member

    Joined:
    Aug 17, 2004
    Messages:
    325
    Location:
    Middle of the Mitten, Somewhere' Nort of Hell
    In Michigan:

    600.2955b Plaintiff's action for individual's bodily injury or death during commission of felony; dismissal with prejudice; stay of civil action until final disposition; period of limitations; applicability; definitions.

    Sec. 2955b.

    (1) Except as otherwise provided in this section, the court shall dismiss with prejudice a plaintiff's action for an individual's bodily injury or death and shall order the plaintiff to pay each defendant's costs and actual attorney fees if the bodily injury or death occurred during 1 or more of the following:

    (a) The individual's commission, or flight from the commission, of a felony.

    (b) The individual's acts or flight from acts that the finder of fact in the civil action finds, by clear and convincing evidence, to constitute all the elements of a felony.
     
  9. F4GIB

    F4GIB Member

    Joined:
    Jan 3, 2003
    Messages:
    1,165
    Location:
    Midwest
    Minnesota Statutes section 611A.08 grants such immunity from suit.
     
Thread Status:
Not open for further replies.

Share This Page