Use of firearm while CC or CO

[Xfactor]

I'm familiar with the laws regarding use of force with a firearm when within your home, but I've been searching unsuccessfully for info on what the law deems as circumstances under which it is lawful to produce your firearm while CC or CO.

Are there any additional laws or regulations specific to "use" of a firearm (either drawing, or use of deadly force) for CC/CO, or is it just an undocumented extension of the law as it's defined for home defense?

[sjl127]

Are there any additional laws or regulations specific to "use" of a firearm (either drawing, or use of deadly force) for CC/CO,

Common sense tells me only draw it in a life or death situation. ONLY.

[headcase]

It is my understanding that in Pa. if you even "brandish" it without fearing for your life or the life of another and having tried to escape the situation, you are in BIG trouble.

[PisnNapalm]

There is no "brandishing" law in Pennsylvania. However if the Sheriff finds out... Well that might be enough to convince the Sheriff that your character might be questionable. Bye bye LTCF.

[headcase]

There is no "brandishing" law in Pennsylvania. However if the Sheriff finds out... Well that might be enough to convince the Sheriff that your character might be questionable. Bye bye LTDF.

I in no way meant to imply there was a brandish law. From previous cases I have read, if you display your weapon in a threatening manner, you will be probably be charged with meanicing, or at the least have your LTCF revoked. Unless you fear for your life and have tried to retreat. Again though, that is only my understanding.

[knight0334]

The laws for the use of force are under Title 18, Chapter 5.

http://members.aol.com/StatutesP1/18.Cp.5.html


Local municipalities can regulate discharging of a firearm, ...so that could be a hodge-podge of laws across the state.

[Xfactor]

The laws for the use of force are under Title 18, Chapter 5.
http://members.aol.com/StatutesP1/18.Cp.5.html...

I actually just read these yesterday... and I didn't really find anything specific to CC or CO, just within the dwelling.
All of what's being stated above is in line with the verbiage that I've read so far relating to self defense/defense of others within the home... considering this a baseline, I'm just wondering if there was any further regulation that we needed to be aware of. [Things are of course a bit more complicated out among the citizenry than they are within the confines of one's home!]

[Pa. Patriot]

Correct on the no brandishing law.

What would commonly be defined as "brandishing" would be considered to be assault or disorderly conduct by PA law.

If you show or motion to your firearm with the intent to intimidate or threaten, you are fighting or assaulting them.

If you are in fear for your life you can typically justify using deadly force. If you deploy your handgun in a situation that justifies deadly force, but do not fire it due to the threat backing down, you should be fine as well.

Moral of the story:
Do not draw or threaten to draw unless you are justified in shooting (whehter you do shoot or not).

[BradfordCOHunter]

This seems to be some what of a gray area, although it really shouldn't be. I will tell you like this. I have had a LTCF for 15 years or so. (I really don't recall how many years) During that time, I am armed so often, I often forget it's even on my hip. IMO, having a LTCF makes you more responsible and less likely to draw your sidearm unless lethal force is absolutely neccessary.

Perhaps it is a quiet confidence that comes with having a LTCF, and we are more apt to try and difuse a situation any way we can, short of drawing the sidearm. Maybe it's because we feel like we sometimes have less rights, and would be an easier legal target than most crimminals. Thus, being roasted by both anti's and a court, as a legal permit holder, for using lethal force or even drawing our weapon without having been in legit fear of grave bodily injury or death.

Personally for me, it's a bit of ALL thee above. I even go out of my way to avoid shady looking places and people, just to lessen the likelyhood that I may be put in a bad situation. Add the fact that it's illegal to discharge a firearm in the city of Phila, and all the legal fee's that would come with having shot someone in ANY situation other than one that is a clear cut case of self defense, and you should get the point by now.

Sometimes, whats clear cut to us, is NOT clear cut to the general public and the judicial system. You may eventually win in court, but unless you are wealthy, you will damn sure be broke in the end. It happens here, believe me. I'm sorry about being long winded, but I believe in covering as many angles as I can on certain topics. Bottom Line in all of this: Don't even think about showing the weapon or using deadly force, until you are all out of options and you or your family are in grave bodily danger. Heck, It's even a crap shoot anymore to defend the life of a strange human being in need. Many of those type situations wind up as lawsuits if something goes wrong. Good luck... Be responsible and safe out there!

[Brown-Bear]

Correct on the no brandishing law.

What would commonly be defined as "brandishing" would be considered to be assault or disorderly conduct by PA law.

If you show or motion to your firearm with the intent to intimidate or threaten, you are fighting or assaulting them.

If you are in fear for your life you can typically justify using deadly force. If you deploy your handgun in a situation that justifies deadly force, but do not fire it due to the threat backing down, you should be fine as well.

Moral of the story:
Do not draw or threaten to draw unless you are justified in shooting (whehter you do shoot or not).

Agreed. I had an instructor in LE school for the USCG who would rill this into your head. Guys would unsnap a holster or put there hand on their weapon but not draw and he'd hit you in the head with a foam rubber covered ASP. " Listen you slacked jawed jerkoff's, if you're gonna put your hand on your gun then you need to be drawing your weapon, otherwise keep your dick skinners off of it".

BB