# MGL Chapter 278: Section 8A



## KozmoKramer (Apr 25, 2004)

I wasn't aware Mass had a Castle Law. Is this a recent development?


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## fra444 (Nov 23, 2008)

Yes they do and it is new. It came about when Tom Brady got injured. The law states as follows; Matt Castle cant take Tom Brady's job!

Anytime I can help Koz.......


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## KozmoKramer (Apr 25, 2004)

Smart alec.


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## Guest (Feb 4, 2009)

IIRC, it was enacted when Ed King was governor, so sometime between 1979-83. I remember reading about it in my father's _American Rifleman_; the NRA considered it a colossal victory at the time.


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## StbbrnMedic (Nov 28, 2008)

KozmoKramer said:


> Smart alec.


 Yes, yes he is.
Do you feel my pain? lol


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## mpd61 (Aug 7, 2002)

Delta784 said:


> IIRC, it was enacted when Ed King was governor, so sometime between 1979-83. I remember reading about it in my father's _American Rifleman_; the NRA considered it a colossal victory at the time.


Yes!
Another good law just like the Bartley-Fox mandatory one year...OOPs!
Nobody uses that one either!
:-s


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## OfficerObie59 (Sep 14, 2007)

While it's a good law, IMO it's very weak.

It only applies within the four walls of our house (I remember in-service last year had a case stating that the porch was not included), and only when you believe you or another are "in danger of great bodliy harm or death".

The other issue I have is that the statute just allows a particular defense to be raised in court if and when your actually charged with killing or injuring someone unlawfully present. Other states Castle Laws go much further, such as Colorado's, outright banning prosecutions AND granting civil immunity of homeowners who exercise what I believe to be a fundamental right to defend themselves in their home.


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## Goose (Dec 1, 2004)

While Colorado has a nice law, I prefer Florida's much better...

Immunity from civil and criminal prosecution in justified situations of deadly force to protect you or any other person provided the other person is not acting in the capacity of a law enforcement officer - anywhere.

Colorado protects the home, and there is talk of expanding it to motor vehicles and places of work - but it hasn't happened yet.


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## Irish Wampanoag (Apr 6, 2003)

Maine has the best: Maine Code 17A c173 s20

A person has the right to use deadly force in his home, residence or castle to stop the crime of trespassing.


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## bcibob670 (Dec 16, 2007)

Can you tell me anything about the case law on the porch not being the "castle"?



OfficerObie59 said:


> While it's a good law, IMO it's very weak.
> 
> It only applies within the four walls of our house (I remember in-service last year had a case stating that the porch was not included), and only when you believe you or another are "in danger of great bodliy harm or death".
> 
> The other issue I have is that the statute just allows a particular defense to be raised in court if and when your actually charged with killing or injuring someone unlawfully present. Other states Castle Laws go much further, such as Colorado's, outright banning prosecutions AND granting civil immunity of homeowners who exercise what I believe to be a fundamental right to defend themselves in their home.


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## NoSoupForYou (Sep 14, 2007)

Irish Wampanoag said:


> Maine has the best: Maine Code 17A c173 s20
> 
> A person has the right to use deadly force in his home, residence or castle to stop the crime of trespassing.


Being able to put up a "TRESPASSERS WILL BE SHOT, SURVIVORS WILL BE SHOT AGAIN" sign _and _actually being able to follow through with no legal repercussions  Other states, take note.


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## OfficerObie59 (Sep 14, 2007)

bcibob670 said:


> Can you tell me anything about the case law on the porch not being the "castle"?


*COMMONWEALTH vs. JOSHUA J. McKINNON.* 
DOCKET SJC-09603 


> IRELAND, J. We transferred this case to this court on our own motion to decide an issue of first impression: whether the word "dwelling" in the castle law defense statute, G. L. c. 278, § 8A, should be extended to encompass an open porch and outside stairs of a house. In his appeal from his convictions in 2002, of two counts of assault and battery by means of a dangerous weapon, the defendant argues that, in addition to his claim that the trial judge erred in denying his request for a castle law instruction, the judge gave erroneous instructions on defense of another and reasonable doubt. Because we conclude that G. L. c. 278, § 8A, does not include an open porch or outside stairs of a house, and that there is no merit to the defendant's other claims of error, we affirm the convictions.


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