I almost just pulled my gun...

[longcall911]

Nope, you are also covered in any other place where you are lawfully present, and not the aggressor, and the other person is not a Peace Officer! 18 PACS, Section 505

You are incorrect on this issue. It has been covered many times.

You need to read 18 Pa.C.S. 505 b.2.ii (deadly force is not justifiable when) "the actor knows that he can avoid the necessity of using such force with complete safety by retreating...."

Based on PA law, your first priority is to retreat. (Yes there are exceptions and defenses, but other than in your home or in your vehicle, your first duty is to retreat and that is what a jury will look at, if an incident came to that.)

Very broadly speaking, we do not have 'stand your ground' in PA except in one's home or vehicle. In my experience, most gun owners believe we do, and that can lead to problems.

IANAL

[Walleye Hunter]

You are incorrect on this issue. It has been covered many times.

You need to read 18 Pa.C.S. 505 b.2.ii (deadly force is not justifiable when) "the actor knows that he can avoid the necessity of using such force with complete safety by retreating...."

Based on PA law, your first priority is to retreat. (Yes there are exceptions and defenses, but other than in your home or in your vehicle, your first duty is to retreat and that is what a jury will look at, if an incident came to that.)

Very broadly speaking, we do not have 'stand your ground' in PA except in one's home or vehicle. In my experience, most gun owners believe we do, and that can lead to problems.

IANAL

I would like to hear more on this topic as I have attended several US Law Shield seminars and I ame away with the impression that 'stand your ground' extends to anywhere that you are permitted to be by law.

[marinville]

From my reading, you must retreat only if you know you can do so in complete safety.

In my case, I was backed by a fenced in elevated porch and my only door to retreat through was locked. With the guy being between 20-25 feet away, I doubt I could have guaranteed complete safety in retreat.

[longcall911]

From my reading, you must retreat only if you know you can do so in complete safety.

In my case, I was backed by a fenced in elevated porch and my only door to retreat through was locked. With the guy being between 20-25 feet away, I doubt I could have guaranteed complete safety in retreat.

In the OP, there was no description of a retreat route or any consideration of retreating. So, I attempted to make clear that based on the information provided, even if he had kept approaching, a shooting would likely be seen as unjustified because you were not "in" your home or vehicle if in fact a shooting occurred and you were charged and tried.

[longcall911]

I would like to hear more on this topic as I have attended several US Law Shield seminars and I ame away with the impression that 'stand your ground' extends to anywhere that you are permitted to be by law.

Unfortunately, many long-time gun owners believe the same. Ask US Law Shield specifically the next time you go. "Do we have stand your ground other than in one's home, vehicle or place of business?"

Most lawyers who teach castle doctrine make it clear, with an example like "you have stand your ground in your home, or in your car, but not on the walkway in between". To make it clear with another example, if you are in a parking lot at night and as you reach your car a guy suddenly appears you may believe that you are in danger, but unless you see that he has a deadly weapon, your first duty is to retreat to safety, assuming there is a safe location to retreat to.

IANAL

[marinville]

In the OP, there was no description of a retreat route or any consideration of retreating. So, I attempted to make clear that based on the information provided, even if he had kept approaching, a shooting would likely be seen as unjustified because you were not "in" your home or vehicle if in fact a shooting occurred and you were charged and tried.

That is understandable. As you said, I did not specify anything regarding the possibility of retreat, in the OP.

I can honestly say I'm very glad the guy stopped when instructed to do so. I thought about it a lot the next day, as I was enjoying the nice weather with my family.

[marinville]

Unfortunately, many long-time gun owners believe the same. Ask US Law Shield specifically the next time you go. "Do we have stand your ground other than in one's home, vehicle or place of business?"

Most lawyers who teach castle doctrine make it clear, with an example like "you have stand your ground in your home, or in your car, but not on the walkway in between". To make it clear with another example, if you are in a parking lot at night and as you reach your car a guy suddenly appears you may believe that you are in danger, but unless you see that he has a deadly weapon, your first duty is to retreat to safety, assuming there is a safe location to retreat to.

IANAL

Regarding the above, I believe the bolded section would be better stated as: "assuming you know that you can do so in complete safety.", which is significantly more favorable to the defender than what is suggested by the above, in my opinion.

[Walleye Hunter]

Unfortunately, many long-time gun owners believe the same. Ask US Law Shield specifically the next time you go. "Do we have stand your ground other than in one's home, vehicle or place of business?"

Most lawyers who teach castle doctrine make it clear, with an example like "you have stand your ground in your home, or in your car, but not on the walkway in between". To make it clear with another example, if you are in a parking lot at night and as you reach your car a guy suddenly appears you may believe that you are in danger, but unless you see that he has a deadly weapon, your first duty is to retreat to safety, assuming there is a safe location to retreat to.

IANAL

If I attend another seminar I will get clarity on that. The caveat could be that, "assuming there is a safe location to retreat to". Either way, draw and shoot is going to be a problem for the shooter.

[longcall911]

If I attend another seminar I will get clarity on that. The caveat could be that, "assuming there is a safe location to retreat to". Either way, draw and shoot is going to be a problem for the shooter.

Yes, there are always very specific circumstances that make it tough to second guess, but the one thing you can count on is that generally, we do not have stand-your-ground anywhere but in one's home, car or place of business.

Anywhere other than those places, we now start down the rabbit hole.

IANAL

[Bang]

Yes, there are always very specific circumstances that make it tough to second guess, but the one thing you can count on is that generally, we do not have stand-your-ground anywhere but in one's home, car or place of business.

Anywhere other than those places, we now start down the rabbit hole.

IANAL

I thought it is anywhere you have a right to be. Or is that Florida?