Finding Court Decisions

**Brick** · February 10th, 2007, 12:29 PM

Because of the recent spate (13 at last count) of gun control measures in the PA legislature, I have gotten curious about case law and existing court decisions regarding Art. 1 Sect. 21. So far I have found almost nothing of note.

Can anyone help or at least point me in right direction?

**GunLawyer001** · February 10th, 2007, 01:19 PM

Quick, free method: Visit local law library (usually in your county courthouse); locate the Shephard's citations books. Find the one that covers the state Constitution. Flip through to find Article 1, Section 21, and it will list cases that addressed that section. Then you can look up each cited case.

If you want to spend money, try Lexis or WestLaw.

**demeyers** · February 10th, 2007, 01:27 PM

A case was overturned in Bensalem,Pa as of this past Thursday..See NBC-10 WCAU-Phila and Phillyburbs.com----A WaWa Store Manager was released by orders of Secret State Grand Jury. A justifiable shooting , that revealed the truth--NOT WHAT THE COPS WROTE ...a man was attacked by other 2 dozen people. Shooting them was his last defense . Personally, I am involved in a matter at the present time and was so cautioned not to release details on this site. It involves a minor child of mine, who came to my defense, employed and discharged a rifle at the tire of an auto , that was trying to run me down, after the driver was stopped for Agricultural Terrorism and Ag-Vandalism late at night. The kid is a GANG member --so WE were arrested. My Son was charged with multiple counts of Attempted homicide 3rd degree REAP and more---i was charged with Simple Assulat for shining a flashlight at a car.. Crooked Judges in Adams County. Gettysburg,,, one Judge is facing Federal Lawsuits for Abuse of Office --Under A Badge of Authority... issued by the U.S. 3rd Circut Court of Appeals --Western Region, Pittsburgh,Pa In our case--We will proove that section21 of the Pa Constitution,as well as Article 2 of the U.S. Constitution was violated. We are suing the Police and then directly filing against the Driver and all the Police Officers for Misconduct and Insurance Fruad--the car was never struck by the alleged rifle--but maybe a 9 mm or 40 caliber and our cops carry these guns.. More as it develops.
P.S. The Arizona Law Stand your Ground was NOT retrocative and the poor folks in jail will wait until new legislation can tackle that problem MAKE SURE TO WRITE TO Hon Steven Cappelli to insure his bill will include a retroctive date--I suggested this--in late Decemeber 2006. You may also wish to review the website Civilian Gun -self Defense Blog It is a daily alert of all activities where a Ciitizen has used a weapon and for defense purposes.. more as it develops.

**demeyers** · February 10th, 2007, 01:31 PM

Update-- place in your search engine " Pennsylvania self defense cases" .. the most major case is from Phila Hardick vs Pa.
There are more--including reversals ordered by the U.S. Supreme court... when I can, I'll post the webistes..

**Steve in PA** · February 10th, 2007, 03:30 PM

Simple assault for shinng a flashlight?? Um, I'd really like to see how they justified that charge!!

§2701. Simple assault.

(a) Offense defined.—A person is guilty of assault if he:
(1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another;
(2) negligently causes bodily injury to another with a deadly weapon;
(3) attempts by physical menace to put another in fear of imminent serious bodily injury; or
(4) conceals or attempts to conceal a hypodermic needle on his person and intentionally or knowingly penetrates a law enforcement officer or an officer or an employee of a correctional institution, county jail or prison, detention facility or mental hospital during the course of an arrest or any search of the person.
(b) Grading.—Simple assault is a misdemeanor of the second degree unless committed:
(1) in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor of the third degree; or
(2) against a child under 12 years of age by an adult 21 years of age or older, in which case it is a misdemeanor of the first degree. (Chgd. by L.2001, Act 48(1); L.2002, Act 172(1), eff. 2/7/2003.)