# Proposed Updated MA Castle Law



## OfficerObie59 (Sep 14, 2007)

For as long as anyone can remember, Massachsuetts has recognized the "Castle Doctrine" as codified in MGL 278/8a. The statute is basicially the old common law rule which stems from feudal England, permitting a defense in a criminal prosecution that takes away any duty to retreat when faced with SBH/deady force within the four walls of one's own home.

This session, MA State Senator Stephen Brewer (D-Barre) has proposed Senste Bill No. 661 that would make key changes to the law as I read them.

1) The new law would take away the duty to retreat if you are in _any place _you have a right to be--not just simply within the four walls of your dwelling--when using deadly force if you have a reasonable belief you are about the be subject to serious bodily harm/death.
2) The new law would prevent criminal prosecutions altogether when acting under the requirments of the statute. Currently the Castle Doctrine only allows a _defense_ to prosecutions, meaning that once you're charged with the killing/injuring an intruder, you can bring up the law as a legal defense.
3) The new law would provide immunity from civil suits by the survivor or his estate for your use of deadly force in self defense.
4) The new law would prevent revocations of FID/LTC when someone acts under the provisions of the statute.

There was Committee Hearing on this bill on Tuesday, but from what I've heard there's some fear not that it won't get passed, but that it will get burried. I'll be writing my State Rep in support, I would hope everyone would consider doing the same. While I do have some minor concerns about abandoning the duty to retreat at any place and time, the bill would prevent your life from being ruined by prosecutions and lawsuits after you just saved it which to me far overrides any concerns. Furthermore, it seems to me to be a bit of help that the bill was proposed by a Democrat--if the guy had an R next to his name, I have a feeling the Dems would be decrying vigilatism and bloodbaths in the street. I don't know that this oppurtunity will come around again.

-Obes

Link to the Bill: http://www.malegislature.gov/Bills/187/Senate/S00661
Harry's Post of the NRA Announcement: http://www.masscops.com/threads/nra-ila-alerts-nra-legislation.24291/page-8#post-656711


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## Marks72 (Jan 30, 2009)

Thanks Obes. There's many, many, folks who carry that couldn't retreat if thier life depended on it (pun intended) due to medical condititions, age, etc. Sure, I absolutely would retreat if the opportunity was there (not to mention, it would be a whole lot cheaper too), but this bill does add to the defense of a 'good' person and a 'good' shoot. I'll be writing too. Thanks....


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## EJS12213 (Jul 13, 2008)

Looks like some good changes to me. Hopefully it will not get buried but then again this is Massachusetts.


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## Guest (Feb 9, 2012)

Hopefully the changes get approve as they stand.


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## CJIS (Mar 12, 2005)

Looks like good change to me.


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## cousteau (Oct 31, 2011)

I must admit I'm a little taken back that a democrat has proposed something involving logic, common sense, and the legal protection of a law abiding citizen, and not the criminal. Hope it passes.


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## OfficerObie59 (Sep 14, 2007)

cousteau said:


> I must admit I'm a little taken back that a democrat has proposed something involving logic, common sense, and the legal protection of a law abiding citizen, and not the criminal. Hope it passes.


He's from Barre. The rural Democrats tend to have more common sense than their urban counter parts.


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