PA Castle doctrine and Stand your Ground Law.

[libertyof76]

I'm thinking you can learn all about this at GunLawyer001's Workshop. I'm going because I really want to know about PA's self defense laws, and the case law behind them.

Edit: Just realized this is a really old thread. Whoops sorry!

[Gunsnwater]

Pa castle is not extended to your yard or out buildings except your "car" parked on your property, as told to me, but I'm not a lawyer so you should talk to one.

[knight0334]

Pa castle is not extended to your yard or out buildings except your "car" parked on your property, as told to me, but I'm not a lawyer so you should talk to one.

Castle Doctrine now includes your dwelling, residence, and a vehicle that you occupy.


For definitions of "dwelling", "residence", and "vehicle" - see below:

18 Pa.C.S.A. § 501

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Full text of all sections at this level Part I. Preliminary Provisions
Full text of all sections at this level Chapter 5. General Principles of Justification (Refs & Annos)
Current selection§ 501. Definitions


Subject to additional definitions contained in subsequent provisions of this chapter which are applicable to specific provisions of this chapter, the following words and phrases, when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

“Believes”or “belief.” Means “reasonably believes” or “reasonable belief.”

“Correctional institution.” Any penal institution, penitentiary, State farm, reformatory, prison, jail, house of correction, or other institution for the incarceration or custody of persons under sentence for offenses or awaiting trial or sentence for offenses.

“Corrections officer.” A full-time employee assigned to the Department of Corrections whose principal duty is the care, custody and control of inmates of a penal or correctional institution operated by the Department of Corrections.

“Deadly force.” Force which, under the circumstances in which it is used, is readily capable of causing death or serious bodily injury.

“Dwelling.” Any building or structure, including any attached porch, deck or patio, though movable or temporary, or a portion thereof, which is for the time being the home or place of lodging of the actor.

“Peace officer.” Any person who by virtue of his office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, or any person on active State duty pursuant to 51 Pa.C.S. § 508 (relating to active duty for emergency). The term “peace officer” shall also include any member of any park police department of any county of the third class.

“Residence.” A dwelling in which a person resides, either temporarily or permanently, or visits as an invited guest.

“Unlawful force.” Force, including confinement, which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actionable tort or would constitute such offense or tort except for a defense (such as the absence of intent, negligence, or mental capacity; duress; youth; or diplomatic status) not amounting to a privilege to use the force. Assent constitutes consent, within the meaning of this section, whether or not it otherwise is legally effective, except assent to the infliction of death or serious bodily injury.

“Vehicle.” A conveyance of any kind, whether or not motorized, that is designed to transport people or property.

[Bill67]

These are important if you are the "actor" while in your Pole barn or tool shed which I read as being part of your dwelling.

[Tyler62990]

I know this is an old thread but I would like to understand this. Say somebody is intending to harm you. They're unarmed, but you are 100% sure some sort of violence is coming your way. You tell them you have a gun but they keep coming toward you so you draw your gun but they still don't get the point/call your bluff so you shoot them. Would it be a justified shooting if this was to happen?

[spoonltz28]

I know this is an old thread but I would like to understand this. Say somebody is intending to harm you. They're unarmed, but you are 100% sure some sort of violence is coming your way. You tell them you have a gun but they keep coming toward you so you draw your gun but they still don't get the point/call your bluff so you shoot them. Would it be a justified shooting if this was to happen?

I am going through this same thing right now !! Although I did not have to shot him.
The other guy verbally threatened me, then shoved me back. I truly believe that had I not had my firearm and drawn it, he would have beat me down.
Even after I drew my firearm, he continued to be aggressive, but he was smart enough to stay away from me at that point.
BTW; I was arrested and charged with NUMEROUS charges. This happened a little over 2 months ago.

It will cost me thousands of dollars to fight this. There is video to prove my side of the story also.

[gummy jones]

I know this is an old thread but I would like to understand this. Say somebody is intending to harm you. They're unarmed, but you are 100% sure some sort of violence is coming your way. You tell them you have a gun but they keep coming toward you so you draw your gun but they still don't get the point/call your bluff so you shoot them. Would it be a justified shooting if this was to happen?

so if someone is getting mouthy and coming toward you can you shoot them?

no

i am not a lawyer

[knight0334]

I know this is an old thread but I would like to understand this. Say somebody is intending to harm you. They're unarmed, but you are 100% sure some sort of violence is coming your way. You tell them you have a gun but they keep coming toward you so you draw your gun but they still don't get the point/call your bluff so you shoot them. Would it be a justified shooting if this was to happen?

Does the guy outweigh you by twice as much, is he a 'roid raging freakazoid, does he have 2-3 buddies behind him?

The general rule is no deadly force unless IMMEDIATE risk of life, serious bodily injury, rape, or kidnapping - meet like-force with like-force. ...which in such an incident that you propose - you may need to take an ass beating, or face an actual attempt to take your gun from you, and put you into the risks mentioned prior before using deadly force.

A simple ass beating does not justify homicide.

[SSG Retired]

I know this is an old thread but I would like to understand this. Say somebody is intending to harm you. They're unarmed, but you are 100% sure some sort of violence is coming your way. You tell them you have a gun but they keep coming toward you so you draw your gun but they still don't get the point/call your bluff so you shoot them. Would it be a justified shooting if this was to happen?

What ever happened to the good old days when two guys beat the shit out of each other, then went and had a beer. People today are such pussies.

[Blackxr4ti]

I'm 67, at what point of me getting an ass beating, do I feel my life may be in danger?