Defending oneself

[ShakeyDad]

God forbid, if the situation ever arose, what are the circumstances that would allow you to actually shoot someone without going to jail ?? I've looked on different sites, and couldn't really find anything useful. By the way, this would be for phila., pa. I'm talking about outside the home, with a legal carry permit. Thank you.

[ChamberedRound]

I see you're a new user; welcome to site! You'll find a lot of useful information and discussion in this forum, the "Concealed and Open Carry" forum pertaining to your question. So, for details I'd recommend you take a look around, as well as make use of the Search feature. But to boil it down:

If your life or the life of a family member is in imminent danger, or an aggressor attempts to physically harm or is in the process of inflicting harm to said individuals, then force is justified. Outside of that, you'd likely be looking at criminal charges.

In addition, regardless of whether the force is justified or not, you're always open to a civil suit as well. PA law currently does not provide civil immunity in cases of justifiable force.

[GetSome]

pray for HB641 to pass next year... then the following would apply...

Castle Doctrine:

An intruder must be making an attempt to forcibly enter a premises uninvited
The intruder must be acting illegally -- i.e. the Castle Doctrine does not give the right to shoot officers of the law acting in the course of their legal duties
The occupant(s) of the home must reasonably believe that the intruder intends to inflict serious bodily harm, or death, upon an occupant of the home
The occupant(s) of the home must reasonably believe that the intruder intends to commit a felony
The occupant(s) of the home must reasonably believe that the intruder intends to commit arson
The occupant(s) of the home must reasonably believe that the intruder intends to commit burglary
The occupant(s) of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force
In all cases, the occupant(s) of the home must be there legally, must not be fugitives from the law, must not be using the Castle Doctrine to aid or abet another person in being a fugitive from the law, and must not use deadly force upon an officer of the law or an office of the peace while they are performing or attempting to perform their legal duties.

[awkx]

Take a look here for the statute: http://members.aol.com/StatutesP8/18PA505.html

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:

1. the actor, with the intent of causing death or serious bodily injury, provoked the use of force against himself in the same encounter; or
2. 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; and
   (B) a public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape is not obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed.

Of course, seeing how the courts have mutilated the Second Amendment, don't think that you'll be safe just because he comply with the law as it is written. The advice of real lawyers who know what actually happens in courts is invaluable.