Is there a "Stand Your Ground" Law in PA?

[DoubleB33]

I was reading in various forums regarding "stand your ground" laws in which you may stand your ground during an attack....

Is there such a law in PA regarding self defense?

[knight0334]

No. there isn't a stand your ground type law in PA.

The only places you are not required to retreat from are your place of abode and place of work.

PA Law. Title 18, Chaptor 5, Subsections 501-510 explain whats legally allowed.

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

[Pro2A]

There is no Castle Doctrine in PA as of yet. From what I have heard there is a free floating bill in house committee. As far as in your home, I do not believe there is a duty to retreat. If someone busts in your door with a gun in hand, you may shoot right then and there. As for on the street you need to exaust all possible exits before you shoot.

[knight0334]

There is no Castle Doctrine in PA as of yet. From what I have heard there is a free floating bill in house committee. As far as in your home, I do not believe there is a duty to retreat. If someone busts in your door with a gun in hand, you may shoot right then and there. As for on the street you need to exaust all possible exits before you shoot.

We do have Castle Doctrine for the most part. You aren't required to retreat from your house.

[gnbrotz]

The legal standard when outside of your home or place of business is that:

"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".

See §505 for complete details. This certainly doesn't give us the protection we'd like to see here in PA, but does permit the use of force in public if qualifying circumstances occur.

[DoubleB33]

The legal standard when outside of your home or place of business is that:

See §505 for complete details. This certainly doesn't give us the protection we'd like to see here in PA, but does permit the use of force in public if qualifying circumstances occur.

So in other words, when presented with a threat (no matter how big or small) you must first attempt to back away from the situation before engaging in a shoot. If someone approaches me with a screwdriver on the street....I must try to back away from the situation, and it the assailant continues towards you its a justified shoot?

[knight0334]

So in other words, when presented with a threat (no matter how big or small) you must first attempt to back away from the situation before engaging in a shoot. If someone approaches me with a screwdriver on the street....I must try to back away from the situation, and it the assailant continues towards you its a justified shoot?

Its your duty to avoid conflict. The law say you must retreat if you can do so safely before using deadly force. There are exemptions though for rape, kidnapping, etc.

[Philbert]

"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".

What does "claim of right" mean? A dispute over ownership, or just an intention to take something?

[shooter357]

There is no Castle Doctrine in PA as of yet. From what I have heard there is a free floating bill in house committee. As far as in your home, I do not believe there is a duty to retreat. If someone busts in your door with a gun in hand, you may shoot right then and there. As for on the street you need to exaust all possible exits before you shoot.

There was a bill introduced but was put aside because there was not enough support for it.

[PennsyPlinker]

"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".

This really gets me worked up every time I see it. We are supposed to run away, and if that doesn't work, then we are supposed to hand over whatever the bad guy wants without a struggle, just to avoid hurting the bad guy.