Viewing a single comment thread. View all comments

r3d51v3 t1_j0wrk2d wrote

Reply to comment by bob_smithey in Stand your ground vs Duty to retreat by LaunderMachine

I don’t think the legality of the kid carrying a gun has bearing on his right to self defense. He could have been guilty of a gun crime, but still be not guilty on the homicide due to self defense. Initially it seemed to me he was defending himself, however after seeing the video, it looks like he shot the aggressor as he retreated, which is not self defense.

−2

bob_smithey t1_j10zzb1 wrote

Illegally carrying a firearm in Maryland is a misdemeanor. I'll leave the legal fu for the lawyers and courts to figure out. I don't know what differences there are between a minor and an adult in this instance.

You're in the "Judged by twelve is better than carried by six" group. However, as you stated, this doesn't appear to be self defense. We are not in a stand your ground state. And even if we were, I suspect there would be the same outcome in the courts.

1

r3d51v3 t1_j11swhz wrote

All I’m saying is that the legality of the weapon doesn’t bear on one’s right to self defense. When I heard the story, it sounded like the kid defended himself; whether or not he was allowed to have the gun is immaterial. However, upon seeing the video, he appears to have re-engaged after the man with the bat was walking away, which is clearly not self defense.

0

Douseigh t1_j1bn8zc wrote

This is correct. The fact that the gun was illegal is not related to self defense - I beeline Maryland has case law specifically noting this

1