PA Supreme Court Affirms that Castle Doctrine is an Inherent Right

**mikelets456** · July 27th, 2016, 09:00 AM

In a decision issued in Commonwealth v Childs on July 19, 2016 relating to the retroactive effect of Pennsylvania’s Stand Your Ground law (HB40 of 2011), the Pennsylvania Supreme Court acknowledged that the Castle Doctrine is an inherent right, dating back to biblical times, and that the Right existed in common law, long before being codified as part of our Stand Your Ground law in 2011.

Specifically, the Court declared:

When this Court addressed the castle doctrine in 1952, we explained that it “has always been recognized as the law in this State” and that the castle doctrine’s acceptance is “universal.” Commonwealth v. Fraser, 85 A.2d 126,128 (Pa. 1952).

The Court went on to explain:

Although the castle doctrine has existed at common law in this Commonwealth essentially since its founding, it was not codified in Pennsylvania until 1972, with the enactment of 18 Pa.C.S.A. § 505. In enacting section 505, the legislature sought “to codify existing case law pertaining to ‘self-defense’ and to cover in a single rule the law governing the use of defensive force.” 18 Pa.C.S.A. § 505 (amended June 28, 2011).

I must admit that it is refreshing to see such a decision which was not decided along party lines and acknowledges inalienable rights.

While the Court did not address whether Stand Your Ground is an inalienable Right, I was previously published in Volume 27, Issue 1, of the St. Thomas Law Review on The Inalienable Right to Stand Your Ground. Hopefully, in the future, we’ll see the Pennsylvania Supreme Court acknowledge that Stand Your Ground is an inalienable Right.

https://blog.princelaw.com/2016/07/2...nherent-right/

**MovingtoAmerica** · July 27th, 2016, 09:10 AM

Outstanding

**alpacaheat** · July 27th, 2016, 10:51 AM

**ItchyTick** · July 27th, 2016, 02:47 PM

Blind squirrel>>>acorn. Still good news.

**mikelets456** · July 28th, 2016, 04:31 PM

Wow, I thought a few more gun owners would be happy with this news.....

**knight0334** · July 28th, 2016, 04:42 PM

Originally Posted by mikelets456

Wow, I thought a few more gun owners would be happy with this news.....

Nothing really to be happy about. It was law of the land since forever and PA has always believed such.

**mikelets456** · July 28th, 2016, 06:57 PM

Originally Posted by knight0334

Nothing really to be happy about. It was law of the land since forever and PA has always believed such.

Yes, but 7 Democrats and radicals attacking freedom this was a sigh of relief for once. It could have gone very bad. Also, how will it come into play with "other lawful purposes" clause.?

**knight0334** · July 28th, 2016, 07:09 PM

Originally Posted by mikelets456

Yes, but 7 Democrats and radicals attacking freedom this was a sigh of relief for once. It could have gone very bad. Also, how will it come into play with "other lawful purposes" clause.?

The PA Supreme Court has already ruled upon Castle Doctrine before, and courts do not like countermanding prior rulings.

The "other lawful purpose" clause was never ruled upon before. The PA Supreme Court may overturn the Superior Court ruling on the subject.