Self-defense rights in semi-private areas

[dragonofpa]

If someone where to live in an apartment such that there was a common hallway that two apartments shared and that hallway was the only way to go from the apartment to a private basement area, would this common area be treated as your home under the law? How about the basement area?

In addition, say said apartment had a parking lot and a mallbox at the end of said parking lot. What areas around the apartment could be considered "your property" for purposes of self-defense?

[Montanya]

Would need more information to make that determination, but I would say for the purposes of self defense, any area I am currently occupying that I feel my life threatened in, becomes fair game for self defense. Just my 2c, YMMV.

[larrymeyer]

What if the area is posted no wapons allowed ? Like in a mall would you still pull a gun ?

[Montanya]

What if the area is posted no wapons allowed ? Like in a mall would you still pull a gun ?

If my life is in jeopardy, yes I would certainly draw if the need arose. Posted "no weapons allowed" in PA carries no weight of law, if I shoot someone threatening my life, they are free to ask me to leave and I will comply. Worse case, I revert back to the "better to be judged by 12 than carried by 6"

[knight0334]

I'm inclined to say that your limits of not having to retreat are confined only to your place of abode or work. ..within said places. That would be behind YOUR front door. A hallway shared by others to their places of abode is common area, not strictly defined as yours. Same would apply to a basement where any or all have access to. Someone in that hallway might be a guest of the neighboring apartment... if you shoot him/her because you mistakenly took their knocking on their door as a break-in, well you'll be in deep doodoo.

However, if a situation occurs that requires the use of force to stop a murder, rape, kidnapping, or other crime of violence where serious bodily injury is possible - that you are not required to flee before using force no matter where you are.

The way the law is written there are only private(place of abode and work) and other than private places(everywhere else). So if it's not behind your front door or at work - then the rules for elsewhere apply. There is no "semi-private" places in section 505 or other passages.

But hey, I'm not a lawyer.. I only play one at my own hearings. lol

[fredrep]

its called curtilage. anything that is connected to or that you use on a regular basis is considered your defensible property. The only room for interpretation is the world "regular".

[mauser]

Let's go one step further. You don't need a LTCF to carry concealed in your home or on your property, what would be the legal definition and/or complications in the common areas mentioned above?
Yes, OC would cover you, but not everyone is willing to or comfortable with OC.
Yes, just get your LTCF and be good to go, but while you're waiting for your LTCF, or if it has been revoked but you haven't lost your right to own firearms, then what?

[Mtbkski]

Let's go one step further. You don't need a LTCF to carry concealed in your home or on your property, what would be the legal definition and/or complications in the common areas mentioned above? Yes, OC would cover you, but not everyone is willing to or comfortable with OC.
Yes, just get your LTCF and be good to go, but while you're waiting for your LTCF, or if it has been revoked but you haven't lost your right to own firearms, then what?

OOO, never gave this one any thought before. Good one. Now, someone with the knowledge can answer this for you.

[Brown-Bear]

I don't understand what you mean. Why would it matter where you were? Self defense is self defense. If I feel that I am being threatened why does it matter where I am.

[knight0334]

Let's go one step further. You don't need a LTCF to carry concealed in your home or on your property, what would be the legal definition and/or complications in the common areas mentioned above?
Yes, OC would cover you, but not everyone is willing to or comfortable with OC.
Yes, just get your LTCF and be good to go, but while you're waiting for your LTCF, or if it has been revoked but you haven't lost your right to own firearms, then what?

You do need a LTCF to carry concealed "on your property", but not in your place of abode or work. You have to watch the wording of the law, it clearly says "in".

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This isn't a matter of how and where to carry, but rather a matter of how and where its legal to use force without fleeing(self-defense). A LTCF doesn't give a license to kill, only a lawful means to carry concealed away from home or work.

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Curtilage or not, not fleeing from a commonly used area is risking outright murder if you can do so without endangering yourself. You can justify that no-one has business within your home and that being reason why you shot. But you could not justify shooting someone without fleeing a commonly used area because you cant be absolutely sure they didn't have legitimate business there, or just moving in, or invited guests that spooked you of the neighbor. However, if your life/limb was in immediate danger under the forcible felonies - lawful use of force is justified.

There is a difference between someone breaking into your home and someone rapidly approaching you in a threaten manner in a hallway that you share. Do you know for sure that persons' intentions - is he just gonna pass by you, only looking hostile because he had a bad day?? Until he attacks, you must avoid confrontation outside your door - the avoiding would be reasonable attempt to flee or make access to the place that you aren't required to flee any further. Or, what if it was the neighbor that actually attacked you?? ....you'd definitely would have to flee even if you apply curtilage because you both had lawful right to be there, same would apply if your wife/husband attacked you within your common home.