Forget the Castle Doctrine, we need one of these

[Sir Knight]

I just learned that SC has something called "The protection of persons and property act" H-4301 (2006)

It goes BEYOND the castle doctrine, commonly stated as "a mans home is his castle" to include ANY PLACE I AM LEGALLY ALLOWED TO BE!

It states a person has no duty to retreat from danger and if the lawful use of deadly force is used to stop great bodily injury, violent crime, or to prevent death, you are immune from criminal OR civil prosecution. The only exception is for the death of an officer performing his official duties and he fully identifies himself.

A secondary law states a homeowner that has his home broken into can legally consider his or his families life in mortal danger and use deadly force with the same immunity from legal prosecution.

[gnbrotz]

I just learned that SC has something called "The protection of persons and property act" H-4301 (2006)

It goes BEYOND the castle doctrine, commonly stated as "a mans home is his castle" to include ANY PLACE I AM LEGALLY ALLOWED TO BE!

It states a person has no duty to retreat from danger and if the lawful use of deadly force is used to stop great bodily injury, violent crime, or to prevent death, you are immune from criminal OR civil prosecution. The only exception is for the death of an officer performing his official duties and he fully identifies himself.

A secondary law states a homeowner that has his home broken into can legally consider his or his families life in mortal danger and use deadly force with the same immunity from legal prosecution.

You should browse this site a bit. That exactly what HB40 will do if passed (as it relates to not being required to retreat before defending one's self, anywhere you are legally permitted to be).

[knight0334]

As gnbrotz said above..

And we already have Castle Doctrine in PA. The title of PA's HB40 is misnamed, it should be "Stand Your Ground" - however that isn't as friendly sounding as "Castle Doctrine", so they used the less offensive title.

[schr8er2000]

Still waiting to see if HB 2049 ever gets out of the Judiciary committee... THIS bill would give us many more RIGHTS that we need.....

[IronSight]

Well, HB40, as it is amended, won't completely eliminate the duty to retreat outside of one's home. It would come close, but the bill was watered down a bit before the Judiciary Committee passed it.

[thebearpack]

Ohio's "Stand Your Ground" as it was explained to me is the way I'd like to see it here. Sounds a good bit like SC's. It's sad that we're so far behind them in PA.

[renegadephoenix]

Ohio's "Stand Your Ground" as it was explained to me is the way I'd like to see it here. Sounds a good bit like SC's. It's sad that we're so far behind them in PA.

If only more gun owners would step up and get involved, we can then begin to move this mountain of anti-gun laws.

[thebearpack]

If only more gun owners would step up and get involved, we can then begin to move this mountain of anti-gun laws.

I'm glad you said that. I just joined FOAC... been meaning to for a while and kept putting it off. Thanks for lighting the fire under my butt!

[Sandcut]

I personally think that the biggest hurdle to HB40 is that gunowners a pushing it. This is not a "pro-gun" law. This is a "self-defense" law.

HB40 is about "use of force" not "use of gun." This bill will cover little old ladies that whack teenage thugs in the heads with frying pans. This bill will protect teachers who protect themselves from violent students and prevent them from being sued civily by the student's parents when the school districts cut them loose to prevent judicial expenses. This bill will cover LEOs who lawfully use any of the various methods of force on hand to subdue violent criminals.

This bill is SO MUCH MORE than a pro-gun bill.

I just wish people would catch on to that little fact.

[donm]

Ohio's "Stand Your Ground" as it was explained to me is the way I'd like to see it here. Sounds a good bit like SC's. It's sad that we're so far behind them in PA.

Before you get too green with envy, take a look at their restrictions on carry. For example, neither allows carry in restaurants that serve alcohol. Both provide for enforceable "no guns" signs. And it's virtually impossible for a PA resident to carry legally in SC -- you'd actually need to buy property there.