PA Castle doctrine and Stand your Ground Law.

[GLOCK21163]

Hey guys how are you all doing?. Quick question i have been trying to find out if PA has Castle Doctrine and Stand Your Ground Law. I have been reading articles on this but some say it does and some say it doesn't and some say it mirrors Florida's law and some say it doesn't. I am really confused can anyone please help me out here and if it does have this law when was it passed and does it cover the entire State and are there any limitations?. I will really apreciate your help THANKS.

[VRH]

You have to really read the laws. Particularly, use of force and the like. They can be a bit confusing, so I suggest you consult an attourny.

By my reading, stand your ground only applies in ones own domicile. On public areas, one must withdraw, if possible, before use of deadly force.

At least Read Chapter 5

and I also suggest Chapter 25 and 27 at the same link.

[tl_3237]

You have to really read the laws. Particularly, use of force and the like. They can be a bit confusing, so I suggest you consult an attourny.

By my reading, stand your ground only applies in ones own domicile. On public areas, one must withdraw, if possible, before use of deadly force.

At least Read Chapter 5

and I also suggest Chapter 25 and 27 at the same link.

Read 18 Pa CS 505(b)(2.3) of your link.

(2.3) An actor who is not engaged in a criminal activity, who is not in illegal possession of a firearm and who is attacked in any place where the actor would have a duty to retreat under paragraph (2)(ii) has no duty to retreat and has the right to stand his ground and use force, including deadly force, if:
(i) the actor has a right to be in the place where he was attacked;
(ii) the actor believes it is immediately necessary to do so to protect himself against death, serious bodily injury, kidnapping or sexual intercourse by force or threat; and
(iii) the person against whom the force is used displays or otherwise uses:
(A) a firearm or replica of a firearm as defined in 42 Pa.C.S. § 9712 (relating to sentences for offenses committed with firearms); or
(B) any other weapon readily or apparently capable of lethal use.

The display of a deadly weapon removes the duty to retreat in a public place, assuming all the other prerequisites are met.

[Svickstc]

Read 18 Pa CS 505(b)(2.3) of your link.



The display of a deadly weapon removes the duty to retreat in a public place, assuming all the other prerequisites are met.

In addition your castle is extended to your car/vehicle in PA...duty to retreat was removed in the latest revisions to the Doctrine

[knight0334]

Florida's and a couple other states' provisions are worded stronger than PA's - but PA does have both.

PA has always had Castle Doctrine, sans the assumption that an intruder intends to do harm(until the latest revision). However even the under the old law there was a provision that allowed deadly force to stop a felony committed after an unlawful entry.

[GLOCK21163]

Thanks guys you were very helpful i really appreciate it.

[dodgefolks]

Ok let me get this straight. So if someone, without a weapon, is trying to beat the shit out of someone, that person can not use deadly force to protect themselves??

[coppery]

Ok let me get this straight. So if someone, without a weapon, is trying to beat the shit out of someone, that person can not use deadly force to protect themselves??

IANAL but I believe we have desperity of force. If we do I believe it means that if you are getting pounded by someone bigger of stronger than you, and you are in fear for life or limb you have the right to defend yourself.

Take for example a 5'8" 130lb guy getting beat by 6'1" 210lb guy. It would all depend on the circumstance of the attack.

again IANAL.

[emckee57]

Ok let me get this straight. So if someone, without a weapon, is trying to beat the shit out of someone, that person can not use deadly force to protect themselves??

A common misconception about Stand Your Ground is that the circumstances outlined by the Statutes are the only places you can respond with lethal force. In reality it outlines where you don't have a duty to retreat before using lethal force. So if someone is beating you and you can't safely retreat then you can respond with force. The Zimmerman case is a good example of thise, that case hinged on a regular self defense theory and had very little to do with Florida's Stand your Ground statute (the phrasing was used in the jury instructions, but that's was a very little portion of the case).

[Brick]

Time for an update Rep Waters has offered a bill modifying the definitions.

See the laws sticky in this section for more information.