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December 4th, 2009, 05:08 AM #1Member
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Orlando (Used to live in Allegheny County),
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Current and Past Wordings of Castle Doctrine and Stand Your Ground
Folks -
I live in Florida - but grew up in Pennsylvania.
Since I carry down here (and when I visit relatives up there), I am very aware of the rules regarding the use of deadly force down here. I am not as sure about Pennsylvania as it currently is, and I would like to make some comments - both here and in the Pittsburgh Post-Gazette - about what Castle Doctrine and Stand Your Ground mean. Both were written by Ms. Marion Hammer down here, and the law down here can be viewed at the following:
http://www.flsenate.gov/statutes/ind...776/ch0776.htm
Regarding what is now going on in Harrisburg, is there a place or are there places that I can get:
- The rules as they are
- What is being (and has been) proposed
Castle Doctrine down here basically says if you are in a building or in/on a vehicle and somebody attempts to enter without your permission (and has no legal right to be there), the assumption is that the intruder is threatening death or serious bodily injury, and can be met with equal force. No retreat.
Stand Your Ground goes like this, with three objective hoops.
- You are in place where you have the legal right to be.
- You are meeting force with equal force up to and including deadly force
- To stop an immediate forceable felony (armed robbery, murder, terrorism, etc)
Note that this is an objective standard, not a subjective one (i.e. I felt threatened).
Down here there is no requirement to retreat, you can protect anybody, and you gun can not be taken unless and until charges are made. You can not be civilly sued unless you are criminally convicted.George H. Foster - Orlando, Florida (Formerly Allegheny County)
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December 4th, 2009, 09:55 AM #2
Re: Current and Past Wordings of Castle Doctrine and Stand Your Ground
On these two links it will have more information than you want to know about the battle and background.
Use hot links off threads to read actual wording of proposed legislation.
Take any section of law that you find listed and use the "search terms" just under the PAFOA banner at top.
ALL the answers are here to make you an expert on the subject IF you take the time to inform yourself.
You can also use ths link to read current wording in UFA.
http://acslpa.org/pa_uniform_firearms_act.htm
Breaking News DA.s oppose your rights to self defense
http://forum.pafoa.org/pennsylvania-...f-defense.html
most answers you are looking for is one page one
Castle Doctrine HB 40 in 09 does anyone REALLY want this passed? If so please read
http://forum.pafoa.org/pennsylvania-...ease-read.html
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December 4th, 2009, 10:42 AM #3Banned
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Barsoom,
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Re: Current and Past Wordings of Castle Doctrine and Stand Your Ground
That makes sense and would have helped OJ.
I'm not really clear what the laws are in Pennsylvania. I recall a case that happened when I was in college or shortly after graduation in which a Pittsburgh area dentist shot an intruder while the intruder was fleeing. As I recall, the news at the time said that if he had shot the intruder inside, everything would have been okay. Something else that I recall from the time was the newspapers making the comment that an intruder doesn't have to be armed for you to use force because "he's potentially armed" as soon as he enters meaning he could pick something up.
Did they have it right or were they talking through their hats or is my memory failing from too many visits to Frankie Gustine's?
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December 6th, 2009, 07:45 PM #4
Re: Current and Past Wordings of Castle Doctrine and Stand Your Ground
As far as I know-and I could be wrong-if the guy is fleeing, then the threat is over. You cannot shoot him. Well, you can, but they'll get you.
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