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-   -   PA Self Defense Laws. (http://www.firearmstalk.com/forums/f97/pa-self-defense-laws-65185/)

shon0331 05-26-2012 07:31 AM

PA Self Defense Laws.
 
for the whole Stand Your Ground act say your getting jumped is it legal to just blast them to protect yourself? Hearing yes and no. Topic was brought up down the American Legion I go to and just wanted to clear it up.

Ranger-6 05-26-2012 09:33 AM

It would't be a healthy idea to jump anyone who is armed, they just might come up shoot'n.

wjnfirearms 05-26-2012 11:17 PM

Go to the web and Google 'Pennsylvania HB 40'. This is the actual Castle Doctrine law as passed by both houses and signed by Corbett. You can download and print it from the Commonwealth site. It should answer any questions regarding our law as it now stands.

The bottom line is whether or not there is an actual fear for life from the event. Personal attacks can often fall under this perception. As our law now allows for individuals to "stand their ground", all there needs to be is a real perception of bodily harm to self or another for permissable use of deadly force by the person attacked. Mind you, your decision has to be right. If someone is attacked and then the actor flees, the person attacked no longer has the right to use deadly force as the threat has gone. The same holds true if there is a break-in and the homeowner confronts the actor armed, but the actor immdeiately flees the domecile. The threat has gone. You don't want to put either of these cases before a DA where you used your weapon and the actor was running away. They might deserve a bullet as a going away present, but you cannot give them one.

triggerjob 05-27-2012 09:04 AM

In Kalifornia, you have the standard right of self defense, but the added bonus of being able to shoot a fleeing felon if you believe they are a continuing danger. So you come home and find Trayvon raping your wife, he jumps up with a woody in one hand and a knife in the other, turns and runs, you can shoot him!, because his remaing on the loose constitutes a danger to the public.

Nobody does though.

danf_fl 05-27-2012 10:04 AM

Please consider that any legal advice you seek from users in a forum could be worth exactly what you pay for.

Not a dern thing!

We have opinions, but most of us have not passed the Bar exam.

c3shooter 05-27-2012 04:22 PM

Most of us cannot pass a bar- ANY bar. :D

However, will give you some free advice that applies anywhere-

IF you use deadly force (pistol, shotgun, golf club, knife, baseball bat, daughter's first attempt at meatloaf) against anyone, anywhere- unless you can show that you were in fear of death or serious injury- you are REALLY going to need a lawyer.

Castle Doctrine- also known as "Stand your Ground" basically says that if the goblin breaks in to your home, and is chasing you with a tire iron screaming he will beat your brains out, you are not compelled to try to outrun your attacker before defending yourself.

It does not create an open season with no bag limits.

vincent 05-27-2012 04:26 PM

Quote:

Originally Posted by shon0331 (Post 814788)
for the whole Stand Your Ground act say your getting jumped is it legal to just blast them to protect yourself? Hearing yes and no. Topic was brought up down the American Legion I go to and just wanted to clear it up.

Assuming getting jumped by more than one BG, look up the laws on disparity of force in your state.

triggerjob 05-27-2012 05:23 PM

Incidently,
The supreme court has already upheld th e “common law doctrine" of self defense. There was a case in ohio, where a man shot a dude who presented an ax at him. The man was convicted of 2nd degree murder and given 20 years. In ohio, you must try to escape before using deadly force. The man appealed all the way to the supreme court, where they overturned his conviction. I dont believe ohio has chanhed the law though.


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