Maryland Self Defense Law?

[DelayedReaction]

Hey guys,

I was searching through the Maryland Code for information on when deadly force is justified in self defense, but I couldn't find anything. Does anyone know where the law is, or if it even exists for us?

 

[K-Romulus]

probably in the case law

It may not be in the statutes, but instead articulated by various court rulings on self defense, as is common in many states.

You could try searching MD case decisions in Westlaw or Lexis (if you have access), but the best bet may be to pay the $30 for a consulation and ask a MD criminal defense lawyer for the "plain english" answer.

 

[DelayedReaction]

Thanks. So there isn't any concrete definition of self defense out there?

 

[Aguila Blanca]

Interestingly, that field is blank on the Maryland page at www.packing.org. However, at the bottom of the page on the right hand side is an e-mail address for an attorney in MD who will answer questions. Why not fire off an e-mail and see what he says?

If he gets back to you, please share the response with us.

 

[DelayedReaction]

Sent this to him...

Mr. Kuvshinoff,

My name is Kevin Genson, and I am a student at the University of Maryland. I am looking for information about what the requirements are for a justifiable use of deadly force in self defense. I checked the Annotated Code and resource websites such as packing.org, but I was unable to find any information. I was wondering if you would be able to help me with this question. Could you tell me what the requirements are for a justifiable use of deadly force in self defense, such as with a firearm?

Sincerely,
Kevin Genson

 

[Norton]

Kevin,

Remember that our state attorney general, Joe Curran, is rabidly anti-gun and will seize any opportunity to prosecute a gun case.....even if in the rest of the United States it would be viewed as a legitimate shooting.

Maryland's case law, I presume it is...since it is apparently not part of the annotated code, is based on the castle doctrine. IOW, you may legally defend yourself within the confines of your property if you have reason to believe that your life or the life of another is immediate danger.

I believe that in another thread on this subject, someone chimed in (Harry Tuttle, maybe?) that MD does NOT have the expectation of "last retreat". Under this doctrine, one is expected to continue to retreat from a threat until it is impossible to do so any further.

But suffice it to say, that if you are going to sling lead at an intruder, it had best be square in the chest so that their can be NO question as to whether the perp was trying to exit your domicile.

Since there is no possibility of carrying a firearm for self-defense in the People's Republic, I would say that the question of a self-defense shooting outside of your property is a moot one at best.