is your driveway your home?

[dunsho]

is your driveway consider your home? front steps? backyard (not fenced) or fenced but fence is low?
wut if you live in a condo and the driveway is shared?
or if you got your gun out and your window opened?

thnks

[imperialism2024]

One word that you should know: curtilage.


It depends on the context as to what is considered your "place of abode". I'd use the lines of your property as a general rule, but that's not always a definite.

Perhaps someone else will be along to better answer...

[Dredly]

IANAL... but I've read the posts of one!

If you are asking because you want to know what you can legally defend your home is considered the non-shared area of your residence (abode). You can not leave your home to confront someone, even if they are destroying your stuff or stealing it as that makes you the aggressor in the situation.

If they come into your house then shoot them, if they don't come in then you have to call the cops and wait

[FUNDAMENTALS]

If you have the opputunity check the following: 18 PA. C.S.A.,
CHAPTER 5, GENERAL PRINCIPLES OF JUSTIFICATON, Sections,
501 thru 510.
Section 507, Use of force for the protection of property.
Section 510, Justification in property crimes.
I believe this will help you to understand the parameters in the Use of Force.

[Philbert]

is your driveway consider your home? front steps? backyard (not fenced) or fenced but fence is low?
wut if you live in a condo and the driveway is shared?
or if you got your gun out and your window opened?

thnks

Relevant existing thread:

http://forum.pafoa.org/concealed-car...-property.html

If you are in a condo, a shared area such as a driveway is NOT your "place of abode".

[TaePo]

IANAL... but I've read the posts of one!

If you are asking because you want to know what you can legally defend your home is considered the non-shared area of your residence (abode). You can not leave your home to confront someone, even if they are destroying your stuff or stealing it as that makes you the aggressor in the situation.

If they come into your house then shoot them, if they don't come in then you have to call the cops and wait

I have often wondered about this, especially since I own some land now.

IANAL and this not advice BTW!

For instance, I believe you can confront* someone who is on your property without permission and doing who knows what.

However, it is questionable, if the trespasser is doing something illegal (including the trespass, I guess) and uses force or threat of force against you, if the duty to retreat enters into the picture for the owner. Especially when it comes to deadly force. The assumption being that it is perfectly safe to do so.

On the other hand, the law allows one to give chase and enter any structure the robber/burglar enters to recapture property if it is hot pursuit and you actually witnessed the taking of your property. Also, there is a requirement that you reasonably believe the property can be converted or destroyed before the police can arrive etc. (My interpretation IIRC)

Further, upon confrontation, if you announce that the perpetrator is under arrest (citizen's arrest) does that nullify the duty to retreat so one can effect an arrest? Of course, in this case, IIRC, you must only use the minimal force necessary to capture and detain. In other words, force escalation. Exceptions exists for specific felonies.
(At work so can't pull all the law sites/cites)

Not trying to hi-jack, but it is a similar question with more real-world details added.


*=I use the term confront to mean physically approach, not with deadly force in-hand but maybe holstered.

[dunsho]

thnks!
i should be getting my license in a month or so but in the meantime i'll keep my gun within my walls.