Pennsylvania Firearm Owners Association
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  1. #1
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    Default How would the law apply in this situation?

    Since I picked up my LTCF I have been reading everything I can find on appropriate law.

    Given the scenario below what would be the law (this is based on a scenario I encountered personally years ago).

    You are in a restaurant and someone in the restaurant calls out that behind the building a woman is being attacked. You walk out of the restaurant and confront the attacker. In order to stop the attack you are forced to discharge your weapon. While you were in the restaurant you were not in imminent danger. While you were in the restaurant you could not personally see anyone else in imminent danger. You placed yourself in the situation based on a third party describing someone in danger. Would the shooting be justified?

  2. #2
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    Default Re: How would the law apply in this situation?

    If you or she feared rape, kidnapping, death or serious bodily harm your use of deadly force would satisfy the statute requirements.

    That said... A jury will use not only facts but opinion taking all variables of the situation into account.

    Knowing the law is only 30%.

  3. #3
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    Default Re: How would the law apply in this situation?

    Quote Originally Posted by BimmerJon View Post
    If you or she reasonably feared rape, kidnapping, death or serious bodily harm your use of deadly force would satisfy the statute requirements . . .
    Minor, but major clarification. Somebody else (or 12 somebodies) who wasn't there will decide if it was "reasonable," knowing what you knew at the time.
    Last edited by donm; March 29th, 2013 at 01:29 PM.

  4. #4
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    Default Re: How would the law apply in this situation?

    For all you know, the woman was the original assailant and the perceived attacker managed to turn the tables.
    Last edited by Grey Bearded One; April 1st, 2013 at 11:57 AM.

  5. #5
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    Default Re: How would the law apply in this situation?

    Quote Originally Posted by Grey Bearded One View Post
    For all you know, the woman was the original assailant attacker managed to turn the tables.
    Would the fact that the LTCF holder actively placed himself in the situation (but not instigated it) have any legal bearing on the outcome?

  6. #6
    Join Date
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    Monroe, Pennsylvania
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    Default Re: How would the law apply in this situation?

    506-a-3. the actor believes that his intervention is necessary for the protection of such other person.

    http://amgoa.org/Pennsylvania-Gun-Laws#506

  7. #7
    Join Date
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    Default Re: How would the law apply in this situation?

    She shouldn't have been dressed so provocatively that she seduced him into attacki......

    Good scenario, requires thought. Should you get involved, and what are the consequences? Me personally, I'd get involved, UNLESS I walked around the corner and she was an obvious ghetto princess ( Note: I did NOT say 'black' nor did I say 'white') and mouthed off and 'asked for it'.
    Let me explain that last part. While it has been ridden into the dirt that women 'ask for it', I don't believe that is the case 99% of the time. However, when the argument is happening, and a man turns and walks away, he has made the conscious decision to NOT ALLOW the confrontation to become physical. After he turns his back and moves away, any woman who goes after him is ABSOLUTELY BEGGING FOR a beating. Hitting women is WRONG seven days a week and twice on Sunday, but there are men who have a proclivity to it, or a low resistance to the urge, or poor upbringing, or just are pieces of garbage.

    These men also seem to find themselves in close personal contact with 'ghetto princess' types that run their mouth and push issues and get in people's faces. Watch any rerun of 'Cops' and there she is, wearing a wife beater shirt that is three sizes too small, thong hanging out the back for the world to gape at, titties flopping out the arm holes of her beer-stained t-shirt, one cigarette dangling from her lips,another lit in her hand, and a cell-phone plastered to her face. A REAL WINNER! And she is going to forever wonder why she has a black eye, broken jaw, and four kids with different skin-tones and last names.

    Yeah, that bimbo isn't someone I'm gambling my future on to try saving.

  8. #8
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    Erie, Pennsylvania
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    Default Re: How would the law apply in this situation?

    Quote Originally Posted by Manxdriver View Post

    She shouldn't have been dressed so provocatively that she seduced him into attacki......
    Such a total fail with this opening line, then you go ahead and pile on with more shit. Sorry man.
    Quote Originally Posted by Aggies Coach View Post
    Cause white people are awesome. Happy now......LOL.

  9. #9
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    Default Re: How would the law apply in this situation?

    Quote Originally Posted by Gun View Post
    Such a total fail with this opening line, then you go ahead and pile on with more shit. Sorry man.
    Apparently my attempt at levity was NOT so apparent. I apologize for you having missed it. As for the rest of the post, I stand by what I wrote. Bottom line: We all bring a lot to the table. My history and yours may differ greatly. What you are willing to gamble your future on may fall far short of what I will gamble mine on. I won't judge you on that.

  10. #10
    Join Date
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    Default Re: How would the law apply in this situation?

    Quote Originally Posted by Manxdriver View Post
    Apparently my attempt at levity was NOT so apparent. I apologize for you having missed it.
    Your assumption of the scenario described by the OP put the woman as the cause for the situation, as in how she was dress for starters. Your use of levity was very apparent, according to the other definition of the word, which has nothing to do with humor.
    Quote Originally Posted by Aggies Coach View Post
    Cause white people are awesome. Happy now......LOL.

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