Pennsylvania Firearm Owners Association
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  1. #61
    Join Date
    Dec 2006
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    Default Re: Pistol confiscated, but I'm not being charged... any advice?

    Quote Originally Posted by fronttowardenemy View Post
    Pretty sure that under PA castle doctrine I'm immune to civil suits regarding the incident, for which I'm grateful.
    That immunity is an affirmative defense that the shooter would assert AFTER the lawsuit is brought. What people forget is that the Prothonotary at the courthouse isn't going to refuse to accept the filing of the lawsuit; your immunity comes in later, after you've hired defense counsel and filed preliminary papers and had a couple of hearings, if a judge agrees that a particular shooting was legitimate self-defense.

    Where the perp is prosecuted and convicted, it seems unlikely that even a bad lawyer would bring such a case; but bad guys in prison have lots of spare time to file pro se lawsuits.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Free seminar 7/18/19 in Quakertown: https://www.senatormensch.com/concealed-carry-seminar/

  2. #62
    Join Date
    Feb 2010
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    Levittown, Pennsylvania
    (Bucks County)
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    Default Re: Pistol confiscated, but I'm not being charged... any advice?

    ^^^^ This. The victim of a tornado is as innocent as can be, but has to deal with the cost of clean-up as deep as though he caused it.

  3. #63
    Join Date
    Apr 2014
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: Pistol confiscated, but I'm not being charged... any advice?

    Quote Originally Posted by Carson View Post
    You are forgetting about the civil trial, when the suspects family claims he was the nicest guy, would give you the shirt off his back, was turning his life around, fully supported his 7 kids from 5 different mothers, went to church on everyday that ended with a "y", didn't deserve to be shot like that and did'n do nuffin.
    Yeah...this is why it is helpful if there is no evidence that any incident ever occurred.

    Not sure how that would be arranged though (:

  4. #64
    Join Date
    May 2006
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    127.0.0.1, Pennsylvania
    (Lancaster County)
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    Default Re: Pistol confiscated, but I'm not being charged... any advice?

    Quote Originally Posted by free View Post
    Yeah...this is why it is helpful if there is no evidence that any incident ever occurred.

    Not sure how that would be arranged though (:

    http://forum.pafoa.org/showthread.ph...highlight=acid
    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.

  5. #65
    Join Date
    Dec 2012
    Location
    Philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: Pistol confiscated, but I'm not being charged... any advice?

    Quote Originally Posted by free View Post
    Yeah...this is why it is helpful if there is no evidence that any incident ever occurred.

    Not sure how that would be arranged though (:
    A shovel would be a good start.

  6. #66
    Join Date
    Dec 2012
    Location
    Philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: Pistol confiscated, but I'm not being charged... any advice?

    LOL. This thread was before my join date.

    Very informative.

  7. #67
    Join Date
    Apr 2014
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    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: Pistol confiscated, but I'm not being charged... any advice?

    Quote Originally Posted by Carson View Post
    A shovel would be a good start.
    Ok...look, I was just being coy (:

  8. #68
    Join Date
    Aug 2014
    Location
    Philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: Pistol confiscated, but I'm not being charged... any advice?

    Quote Originally Posted by GunLawyer001 View Post
    That immunity is an affirmative defense that the shooter would assert AFTER the lawsuit is brought. What people forget is that the Prothonotary at the courthouse isn't going to refuse to accept the filing of the lawsuit; your immunity comes in later, after you've hired defense counsel and filed preliminary papers and had a couple of hearings, if a judge agrees that a particular shooting was legitimate self-defense.

    Where the perp is prosecuted and convicted, it seems unlikely that even a bad lawyer would bring such a case; but bad guys in prison have lots of spare time to file pro se lawsuits.
    Good to know.

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