 |
05-26-2012, 07:31 AM
|
#1
|
|
Feedback Score: 0 reviews
Join Date: Nov 2011
Posts: 53
|
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.
|
|
|
05-26-2012, 09:33 AM
|
#2
|
|
Feedback Score: 0 reviews
Join Date: Jan 2012
Posts: 804
Liked 25 Times on 21 Posts Likes Given: 67
|
It would't be a healthy idea to jump anyone who is armed, they just might come up shoot'n.
|
|
|
05-26-2012, 11:17 PM
|
#3
|
|
Feedback Score: 0 reviews
Join Date: Jan 2012
Location: Portersville,Pennsylvania
Posts: 336
Liked 4 Times on 4 Posts
|
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.
|
|
|
05-27-2012, 09:04 AM
|
#4
|
|
Feedback Score: 0 reviews
Join Date: Dec 2011
Posts: 258
Liked 23 Times on 19 Posts
|
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.
|
|
|
05-27-2012, 10:04 AM
|
#5
|
|
Retired
Feedback Score: 0 reviews
Join Date: Apr 2010
Location: LA (Lower Alabama),FL
Posts: 8,058
Liked 1079 Times on 687 Posts Likes Given: 710
|
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.
__________________
Amendment II:
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Life Member NRA
Life Member NAHC
|
|
|
05-27-2012, 04:22 PM
|
#6
|
|
Moderator
Feedback Score: 0 reviews
Join Date: Feb 2008
Location: Third bunker on the right,Central Virginia
Posts: 13,312
Liked 3817 Times on 1863 Posts Likes Given: 565
|
Most of us cannot pass a bar- ANY bar.
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.
__________________
What we have heah is.... failure to communicate.
|
|
|
05-27-2012, 04:26 PM
|
#7
|
|
Feedback Score: 0 reviews
Join Date: Oct 2010
Location: Mid-Atlantic,NC
Posts: 3,480
Liked 1264 Times on 687 Posts Likes Given: 2643
|
Quote:
Originally Posted by shon0331
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.
__________________
JOIN THE NRA
|
|
|
05-27-2012, 05:23 PM
|
#8
|
|
Feedback Score: 0 reviews
Join Date: Dec 2011
Posts: 258
Liked 23 Times on 19 Posts
|
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.
|
|
|
| Thread Tools |
|
|
| Display Modes |
Linear Mode
|
|
|
|