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Thread: Use of Deadly Force
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December 19th, 2012, 05:45 PM #1Banned
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Use of Deadly Force
Can someone, anyone, please please please pretty please, once and for all, provide a dimmed down, simplified definition and explanation of the Use of Deadly force in PA, especially now that the castle doctrine has passed? All my searches bring bits and pieces. I understand that some people can interpret things differently, but I thought things and laws have changed now? The threads I have read seem outdated and not true.
I may be behind, but I want to know exactly what I and others should and need to consider before we pull the trigger.
Do we still have a duty to retreat? If so, in what situations?
My biggest fear of using a weapon is not physically using it, especially if my or my families life is on the line, it is ending up in the poor house defending myself in a clear case of self defense. I have almost no faith in today's justice system.
Chambered Round had produced this a while back in 2009:
"Note that IANAL, and sometimes the law forces things to be more complicated than we'd like, but I'll try to boil it down for you. Note that the following is specific to PA and doesn't necessarily apply elsewhere, as each state has their own use of force laws:
If you're NOT at home:
- You MUST retreat from a threat prior to using deadly force if at all possible.
- Deadly force is only permissible when employed to prevent or stop serious bodily injury, death, rape, or kidnapping.
- In such cases where a crime is already underway against another person (for example, you see a woman being attacked/raped or a child being kidnapped), you do not need to retreat, as doing so could cause further injury and/or death to the victim.
If you're at home:
- You have NO duty to retreat from your own home.
- Deadly force is only permissible when employed to prevent or stop serious bodily injury, death, rape, or kidnapping.
In both cases:
- You do NOT have the right to use deadly force to protect possessions. You can not kill someone to prevent them from stealing your car, jewelry, etc.
- While I don't believe there's anything in the law specifically stating it, threat escalation rules apply. If you just walk up to a guy attacking a woman and shoot him without attempting to employ non-lethal methods first (like yelling at him to stop, for example), it's likely you'll end up in court.
- Even if the use of deadly force is considered justified, and you're cleared of criminal charges or charges are not filed, you can still be sued in civil court by the person or the estate of the person you shot."
is this all still accurate? Has anything changed? Has anything been added or taken away? I understand you may not be lawyer, but having SOMEWHAT of an idea sure would be nice.Last edited by Nucking Futs; December 19th, 2012 at 05:49 PM.
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December 19th, 2012, 05:48 PM #2
Re: Use of Deadly Force
Deadly force may be used when you're in fear of your life or great bodily harm or if you're defending someone that meets the same criteria.
You have no duty to retreat.Rules are written in the stone,
Break the rules and you get no bones,
all you get is ridicule, laughter,
and a trip to the house of pain.
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December 19th, 2012, 05:48 PM #3Grand Member
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Re: Use of Deadly Force
http://forum.pafoa.org/pennsylvania-...-question.html
Read this thread.... Also... try to attend GunLawyer001's seminarLast edited by BimmerJon; December 19th, 2012 at 06:02 PM.
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December 19th, 2012, 05:51 PM #4
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December 19th, 2012, 05:52 PM #5Grand Member
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December 19th, 2012, 05:55 PM #6Banned
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Re: Use of Deadly Force
I am mainly just asking because someone from Wyoming asked what our laws are here, and shame on me for not fully understanding them, hell, I dont think most people do.
That's why I just asked for a bit of a watered down version, at least to have to basics for explanation purposes...
Wheres all the nice folks that dont mind answering questions on a forum? That is why we are here after all, isnt it?
I also think when push comes to shove, the law isnt going to matter, as I said, I am just curious.
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December 19th, 2012, 05:56 PM #7Grand Member
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December 19th, 2012, 05:58 PM #8Banned
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Re: Use of Deadly Force
I dont want rep... although i appreciate the apology. I just want a clear answer, and I wonder why said answer wouldn't be stickied? As you can imagine, a new member searching and finding chambered rounds post would have a very inaccurate idea of the use of deadly force in his head. Isnt it time for a new one? For atleast educations sakes?
I'm not asking for someone to make the decision for me, but I know most of us arent lawyers, nor do we understand the way they are written.
The answer chambered round gave is pretty clear, but I thought things changed since then?
And streaker was some help, but I was looking for a little more in depth than that.
If chambered rounds explanation is half decent, maybe just make necessary addendums to it?Last edited by Nucking Futs; December 19th, 2012 at 06:04 PM.
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December 19th, 2012, 06:03 PM #9Grand Member
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Re: Use of Deadly Force
Updated my original post
Click here too:
http://forum.pafoa.org/training-cour...-workshop.html
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December 19th, 2012, 06:07 PM #10
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