Use of Deadly Force

[MikeyMac]

What I have to say will answer everyone's input, including yours with regard to shooting a person in self defense: The law is as grey as an elephant. There are no set rules regarding justifiable killing in a courtroom. Lawyers will twist, turn and bend the rules against you. Remember this, my friend, "I'd rather be tried by 12 than to be carried by 6. End of case.

-MikeyMac

[countryboy172]

Originally Posted by GunLawyer001

That gets us back to the "Castle Doctrine", where deadly force may be used against an intruder in your home, without any duty to retreat. Under Section 507, there's limited authority for the use of force, up to and including deadly force, if someone unlawfully enters your home, and ONLY deadly force will make them leave.

That's going to be tough to prove in court, that the intruder wouldn't leave once you displayed a firearm, and you had to shoot to kill. If the intruder is armed, then you can use deadly force to protect yourself. It's only when he poses no immediate threat to your life that Section 507 is needed. It's a pretty dangerous legal tightrope, there.

For any property other than your home, you can't use deadly force at all, at least not in Pennsylvania.

The Castle Doctrine refers to a legal concept derived from English Common Law as it is presently applied in sections of the United States of America. It designates one's home as a place in which one enjoys protections from both prying and violent attack. In the United States, laws informally referred to as 'castle laws' can sometimes impose an obligation to retreat before using force to defend oneself. The Castle Doctrine provides for an exception to this duty. Provided one is attacked in their own home, vehicle, or place of business, in jurisdictions where 'castle laws' are in force, one may stand their ground against an assailant without fear of prosecution.

The opposite of a "castle" principle is the "Duty to Retreat", which is the case in most U.S. Northeastern states, such as Connecticut, New York, Pennsylvania, Massachusetts (where Castle Doctrine takes effect only within the confines of the 'dwelling'). Castle Doctrine laws in the U.S. are sometimes referred to as the "use of deadly force" [1] or "no retreat" laws, and originate in the home, but are sometimes (depending on the state) extended to the automobile or the business or any place where one has a legal right to be (a campground or park, for example).

In Pa the only place that one can protect with deadly force is in ones household, and never shoot them in the back

[pghjim]

Well, at least I got a good discussion going with this thread. Although, you should never act solely on advice from a forum, I now believe that if someone is trying to steal my wallet at gun or knife point, I must still make a decision of whether my life is in grave danger before shooting. As I read through this thread, if the perp says give me your wallet "or" I will shoot you, then give him your wallet. If he said I am going to shoot you, give me your wallet, that may be different.

The statement that a wallet is cheaper than a lawyer, is true. However, one must make a decision at that moment as to whether your life is in grave danger. Funerals can be expensive too.

[Mtbkski]

I teach a Deadly Force Class when I teach Firearms training for the State. As it was mentioned, this is a tough subject. You can "what if" it to death. But I have been impressed that most of the threads are actually thinking about this. The ole "shoot em all and let god sort em out" mentallity is far in between. And that is good thing. This is a very serious subject. And most of you realize this. Good job everyone.

My rule is this.
1) I will not pull my pistol until I have done everything else in my power to avoid, or get away and this has failed. I am now fearing for my life or life of my family.

2) I will give up anything I own. I can buy another one. (Court will cost me way more than even what I paid for my vehicle) Nothing I own is worth killing someone over.

3) No one will touch me, or my family in an any manner. (You have crossed the line)

4) When forced to use Deadly Force. I will use the amount of force needed to stop the individual(s) from doing what ever it is that I fear. (Be that one shot, or emptying the gun and reloading, empty gun again, pulling my knife..... Whatever)

[countryboy172]

The thing is, if someone has a gun pointed at you and says give me your wallet or i will shoot. Do you think you can pull your gun fast enough to shoot him. My life is worth more than what is in my wallet 2 credit cards my driver license and ccw permit and insurance card. You can cancel the cards get a new drivers license and then get a ccw and insurance card. It really isnt worth it. now in my house its a little bit different.