Deadly force law and Rented Homes?

[amagi]

I am a student at Villanova and I have the unfortunate luck of being a legal resident of New Jersey. Luckily, I was able to get Florida CCW and have been able to deal with New Jersey's draconian gun laws for now.

I spend a majority of my time in Bryn Mawr PA where my house is. I rent and I am legally on the lease. I checked the lease, doesn't mention anything about firearms in the house. I had a question, If someone breaks into my house does my status as a renter change my ability to use deadly force? I know PA doesn't have the "castle Doctrine" (yet). I don't have a duty to retreat in my own home and I know I need to have a really really good reason to use deadly force...just it isn't actually "my" home since I'm renting. I've been unable to find any laws or previous court cases on this subject. If someone could help me out, I'd appreciate it.

[gnbrotz]

If someone breaks into my house does my status as a renter change my ability to use deadly force?

No.

10 characters

[GunLawyer001]

Your home is your home, rented or purchased.

However, the rules are far more complicated that you mentioned. Your duty to retreat continues with respect to other residents, for example. If your roommate comes at you with a knife, you MUST flee if you can do so safely.

And you need more than a "good reason" to use deadly force, you need to have a reason that's listed in the PA Crimes Code as allowable justification for the use of deadly force. You'd have a good reason to shoot someone who just raped your sister, for example, but it wouldn't be one of the allowable reasons.

[son of the revolution]

What Greg and GL said !!

Your home is your home , regardless of whether you rent it or pay a mortgage. Listen to GL , not only is he a helluva nice guy , he's one heck of a smart lawyer

[jcabin]

However, the rules are far more complicated that you mentioned. Your duty to retreat continues with respect to other residents, for example. If your roommate comes at you with a knife, you MUST flee if you can do so safely .

Fixed it for you I don't know how familiar he is with the law, I just don't want thim to place emphasis on the MUST flee part. As many people I come across, unfortunately think you need to retreat from lamp post to garbage can to fire hydrant, as they're attempting to escape from an armed attacker on the street.

[The Unknown 1087]

Your home is your home, rented or purchased.

However, the rules are far more complicated that you mentioned. Your duty to retreat continues with respect to other residents, for example. If your roommate comes at you with a knife, you MUST flee if you can do so safely.

And you need more than a "good reason" to use deadly force, you need to have a reason that's listed in the PA Crimes Code as allowable justification for the use of deadly force. You'd have a good reason to shoot someone who just raped your sister, for example, but it wouldn't be one of the allowable reasons.

But you can use force if you are going to protect yourself or another from rape. for example.

[Statkowski]

Having the citations handy would help, but I don't have them handy. Here goes anyway:

Whether you own or rent, the place is your domicile, and that's all that counts. The use of deadly force is permitted if you or someone else is in fear of your/their life. Inside one's domicile there is no duty to retreat.

You'd have a good reason to shoot someone who just raped your sister, for example, but it wouldn't be one of the allowable reasons.

Different state law, but you can pursue and arrest a felon and, if necessary, use deadly force.

[GunLawyer001]

. . . Inside one's domicile there is no duty to retreat.

Like I said, it's complicated, but it depends on the status of the attacker, among other things.
Look at Sections 505 and 507 on use of deadly force to protect yourself and to protect your property. If a stranger breaks in to your home or workplace, then yes, your usual duty to retreat is suspended. If it's the landlord or your spouse or a roommate, then maybe not. You can use non-deadly force sometimes, and deadly force other times. It's hard to condense into a single sentence.

From Section 507:

(4)
(i) The use of deadly force is justifiable under this section if:
(A) there has been an entry into the actor’s dwelling;
(B) the actor neither believes nor has reason to believe that the entry is lawful; and
(C) the actor neither believes nor has reason to believe that force less than deadly force would be adequate to terminate the entry.

(ii) If the conditions of justification provided in subparagraph (i) have not been met, the use of deadly force is not justifiable under this section unless the actor believes that:
(A) the person against whom the force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or
(B) such force is necessary to prevent the commission of a felony in the dwelling.


From 505:
(1) The use of force is not justifiable under this section:
(i) . . .
(ii) to resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:
(A) . . .
(B) . . .
(C) the actor believes that such force is necessary to protect himself against death or serious bodily injury.
(2) The use of deadly force is not justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat; nor is it justifiable if:
(i) the actor, with the intent of causing death or serious bodily injury, provoked the use of force against himself in the same encounter; or
(ii) the actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that:
(A) the actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be;

Different state law, but you can pursue and arrest a felon and, if necessary, use deadly force.

I'd be hesitant to rely on this, because if you use deadly force and you're tried for murder, your freedom depends entirely on whether this affirmative defense is successful. And it's not very common.

[ehidle]

But you can use force if you are going to protect yourself or another from rape. for example.

I thought you could use DEADLY force to protect yourself or someone else from forcible rape?

Or did I misread the law?

eta: nevermind, just read GL's subsequent post...