Use of Deadly Force

[turkbender]

I would say shoot as fast as you can. that is in the act o a crime. I think the law is refering more to if i shot at a deer and you shot at the same deer we both walk up to it and you are determined its yours and are becomeing violent for me to say forget it and walk away

[GunLawyer001]

My part of this issue is surrendering possession at the point of a gun. If he believes my wallet is his because of the socialist society we are creating and has that gun pointed at me, can I use deadly force? Or, must I surrender the wallet then determine if he still intends to shoot me.

You don't have to turn over your wallet. You do have to run away, if you can do so safely, and you aren't at home being confronted by a stranger.

If someone makes demands of you (hand over the wallet, stand on one foot, whatever), you are not required to obey just because he demands it. What counts is what he intends to do if you don't comply. If he demands your wallet, you can say no; then if he puts a gun to your head, you are entitled to use whatever degree of force is necessary to stop him.

If you find a wallet in the street, and he demands that you turn it over to him because it's his, and he points a gun at you to enforce compliance, I'd turn it over, then call the cops, because he's NOT entitled to use deadly force to retrieve property.

Of course, this all assumes that the other guy is a crook. If a non-crooked cop orders you to do something, you probably should, because you can't guess what a court will determine to be his "lawful order", and you are required to obey lawful orders from cops.

[turkbender]

under 507 - use of force to protect propertyit says it is never legal to use deadly force to protecet property but if it escalates past that to the point of a gun being on you you are not using deadly force to protect property you are using to protect yourself. so if your situation would arrize and a guy said give me your wallet you cant shoot him to protect the wallet.. but if the same man has a big F'n gun by all means protect yourself by all means. the law allows you to meet force with an equal mount of force . but more than.

[pghjim]

Thanks guys - I know it may sounded like a simple question, but these are never that simple.

[MarcS]

Well put, but dont forget the duty to retreat (be able to show that you could not safely retreat unless you were in your home where not necessary) and that you did not instigate the attack.

If your attacker has the ability, opportunity and intent to do you harm, the duty to retreat is nullified. You do not have to attempt to retreat if by doing so you put yourself at risk of harm. With the ability, opportunity and intent satisfied, there is really no safe way to escape from the situation. If there was your attacker does not have one or more of those aspects.

There is no law in PA that says you must get shot in the back running away.

[archie19]

Correct me if I am wrong or don't have the facts right or am confusing similiar issues but, I thought at the end of last year (2006) I read in the harrisburg paper that the law was changed andyou no longer had to retreat but could stand your ground. Unfortunately this is all I recollect.

[Lougotzz]

I am no lawyer. I am a house painter but I always use this mindset. It is a good general rule that puts deadly force into perspective and can probably be a general rule for most if not all states. If you carry multi state it is difficult for the average Joe( in my case the average lougotzz) to know every state law on deadly force.


Only pull your weapon if you intend to use it. No warning ect

If you didn't pull your gun( you shot now cause you pulled it) you or an immediate family member would have been raped, kidnapped, beaten severly (critical situation-club,bat ect) or dead.

Remember your weapon is for you and your family only. Don't play cop or super hero. Have a cell phone on you.

By the way if retreat is an option 'do it' !!!!!!

[jackbauer]

VERY IMPORTANT!!!! Remember that if you do have to use deadly force that you must be able to justify it. You must be able to articulate that you believed at the time of the incident that the threat of death or serious bodily injury was imminent, and that you feared for your life and/or a loved ones life, and that your employment of deadly force was a last resort. Call police immediately (and even a medic for the bad guy, seriously, no kidding), and DO NOT LIE ABOUT ANYTHING. If it was a justified use of force, you should be ok. It is also fine if you admit to the police that you were scared. You'd be lying if you said you wern't! I guess the best advice is to try to avoid these situations if at all possible.

[Hokkmike]

Deadly force is authorized, in some instances, for protection of property. Check the laws!

[96D]

"SHOOT TO STOP"