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Thread: PA Law on Obstructing Highways
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July 31st, 2020, 11:54 AM #31Active Member
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Delco,
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July 31st, 2020, 01:41 PM #32
Re: PA Law on Obstructing Highways
Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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July 31st, 2020, 02:28 PM #33
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July 31st, 2020, 03:02 PM #34
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August 4th, 2020, 10:01 AM #35
Re: PA Law on Obstructing Highways
https://twitter.com/ryanlcooper/stat...92104980131846
sales of mega-pickups, which have basically been deliberately designed to intimidate and kill pedestrians, are booming
https://www.wsj.com/articles/pickup-...at-11596254412
Pickup Trucks Are Getting Huge. Got a Problem With That?
America*s hardest-working status symbols, pickups are exploding in size and eating up roadways. Dan Neil questions these behemoths* styling...and safety.Galations 6:9...And let us not grow weary of doing good, for in due season we will reap, if we do not give up.
Ashli Babbitt - Patriot
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August 4th, 2020, 11:03 AM #36
Re: PA Law on Obstructing Highways
Illegitimus non carborundum est
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August 4th, 2020, 03:17 PM #37Member
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Hanover,
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August 4th, 2020, 03:20 PM #38
Re: PA Law on Obstructing Highways
Rules are written in the stone,
Break the rules and you get no bones,
all you get is ridicule, laughter,
and a trip to the house of pain.
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August 4th, 2020, 04:20 PM #39
Re: PA Law on Obstructing Highways
Castle Doctrine extends to the inside of an occupied vehicle, if the perp is coming inside or dragging you out.
Part of PA law:
(2.1) Except as otherwise provided in paragraph (2.2), an actor is presumed to have a reasonable belief that deadly force is immediately necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat if both of the following conditions exist:
(i) The person against whom the force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered and is present within, a dwelling, residence or occupied vehicle; or the person against whom the force is used is or is attempting to unlawfully and forcefully remove another against that other's will from the dwelling, residence or occupied vehicle.
(ii) The actor knows or has reason to believe that the unlawful and forceful entry or act is occurring or has occurred.
(2.2) The presumption set forth in paragraph (2.1) does not apply if:
(i) the person against whom the force is used has the right to be in or is a lawful resident of the dwelling, residence or vehicle, such as an owner or lessee;
(ii) the person sought to be removed is a child or grandchild or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the protective force is used;
(iii) the actor is engaged in a criminal activity or is using the dwelling, residence or occupied vehicle to further a criminal activity; or
(iv) the person against whom the force is used is a peace officer acting in the performance of his official duties and the actor using force knew or reasonably should have known that the person was a peace officer.
(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.
(2.4) The exception to the duty to retreat set forth under paragraph (2.3) does not apply if the person against whom the force is used is a peace officer acting in the performance of his official duties and the actor using force knew or reasonably should have known that the person was a peace officer.
(2.5) Unless one of the exceptions under paragraph (2.2) applies, a person who unlawfully and by force enters or attempts to enter an actor's dwelling, residence or occupied vehicle or removes or attempts to remove another against that other's will from the actor's dwelling, residence or occupied vehicle is presumed to be doing so with the intent to commit:
(i) an act resulting in death or serious bodily injury; or
(ii) kidnapping or sexual intercourse by force or threat.
(2.6) A public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape is not obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed.
(3) Except as otherwise required by this subsection, a person employing protective force may estimate the necessity thereof under the circumstances as he believes them to be when the force is used, without retreating, surrendering possession, doing any other act which he has no legal duty to do or abstaining from any lawful action.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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August 4th, 2020, 04:53 PM #40
Re: PA Law on Obstructing Highways
Arbuably, it's the "legal presumption of reasonable fear" as a driver/passenger in a vehicle coercively stopped. In that context, a finding of self-defense at trial in PA is about as close as you can get to a "done deal." Then of course in jurisdictions like Shitadelphia, and depending directly upon the skin-color of the attacker, and w/ Krapner and his acolytes prosecuting and a judge of similar political disposition as the attacker? Not so much.
TB605
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