HOME DEFENSE

**mossberg** · October 16th, 2007, 06:47 PM

I BOUGHT SOME SHOTGUN SHELLS AT WAL-MART AND THE RETAILER THERE TOLD THAT JUST BECAUSE I HAVE A GUN FOR HOME PROTECTION DOESN'T MEAN THAT I CAN USE DEADLY USE WITH IT IF SOMEONE ENTERS MY HOME WITHOUT MY PERMISSION. IS THIS TRUE? OR DOES THIS PERSON HAVE NO CLUE WHAT'S HE TALKING ABOUT.

**never_retreat** · October 16th, 2007, 06:54 PM

See that button on the left of the keyboard that says "caps" press it.
Then be more specific in your question and we should be able to answer.

**Shawn.L** · October 16th, 2007, 07:36 PM

We have the castle law in PA. That means your home is your castle, and you may protect it with deadly force if need be. You have no duty to retreat in your own home and you do not need to see a weapon to use force. Just dont shoot them in the back.
Not as a matter of law, but I dont want to shoot anyone. If I can see clearly and see no weapon I will give a verbal warning. otherwise, if you dont like getting shot dont break into my house.

**secretbard** · October 16th, 2007, 07:58 PM

Originally Posted by buckmulligan23

We have the castle law in PA.

Mind telling me when this one passed. I thought we didn't have it yet and the law was in the works.

**knight0334** · October 16th, 2007, 08:05 PM

Originally Posted by secretbard

Mind telling me when this one passed. I thought we didn't have it yet and the law was in the works.

Back in the 1500-1600's when PA was colonized...

Dont confuse Castle Doctrine with Stand Your Ground... Your home is your castle, you can protect it without retreating.

**Rule10b5** · October 17th, 2007, 09:31 AM

I'm going to give you a very brief primer on the use of deadly force in your home in PA, and then I'm going to shut up. I'm not going to answer hypotheticals or "what ifs."

This is a very, very serious topic, and too many people post without even thinking about whether they're right.

PA has a "no duty to retreat" law in your own home unless you are the initial aggressor (you caused the need for deadly force). 18 Pa.C.S. 505(b)(2)(ii)(A).

This is NOT a "castle" law. Don't confuse "castle" with "no duty to retreat." Don't use buzzwords like "castle" to describe a statute. All statutes mean different things, regardless of what they're called. A castle statute in one state may allow deadly force against all intruders, in another it might not. Know the law in your own state; don't just assume that because you heard the word castle you're good to go.

Anyway:

You can't shoot someone simply because they come in your home in PA.

Deadly force, even in your own home, is not legal "unless the actor believes that such force is necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat." 18 Pa.C.S. 505(b)(2).

Shooting someone just "because he came in my house" is a damn fine way to go to jail. Are their strong arguments to be made that he wouldn't be in your house for any other reason but to commit a serious crime? Sure. But are you going to get away with popping someone for walking through your front door? Probably not. Remember, there are degrees of homicide. You can act negligently in your use of deadly force and go to jail just as easily as if you intended to kill the guy.

**bdancer** · October 16th, 2007, 07:41 PM

Originally Posted by mossberg

JUST BECAUSE I HAVE A GUN FOR HOME PROTECTION DOESN'T MEAN THAT I CAN USE DEADLY USE WITH IT IF SOMEONE ENTERS MY HOME WITHOUT MY PERMISSION. IS THIS TRUE?

In general, that's true; there are cases where it's not wise or legal to use deadly force on an unwelcome visitor. Do you have a specific case in mind?