Are we allowed to fire?

[mike2010]

I know this law varies by state which is why in inquiring. I used to live in jersey but PA now.

Are we allowed to open fire on someone if they break into our house? (ex. breaks a window or door to gain entry inside the house)

Or do we have to see their gun first? I hope were not one of the stupid states that has to see the gun first. Not easily done in the middle of the night when its pitch black.

any info would be great

thanks
mike

[XD45]

I wouldnt shoot someone just for breaking a window, they will get a gun in their face but thats as long as they are smart enough to lay down(as thats what i'd instruct them to do) or run run run. If he has a knife and takes a step toward me, dropped. any gun, dropped. if he reaches, dropped. i'd also never shoot someone in the back even if they have a gun take that chance to take some cover and wait for a good clean shot(my opinion

[OneLungMcClung]

TO THE BEST OF MY KNOWLEDGE (so you have been warned that I may be wrong):

We (PA) DO NOT have a Castle Doctrine. What this means is that you must retreat as far as possible before the employment of deadly force.

**EDIT** Apparantly you do not need to retreat in you place of residence or your business. You DO neeed to still have a strong belief of imminent harm or death.**


You are only allowed to shoot if your life is in imminent danger (as in you are being immediately threatened by a weapon pointed/brandished with threat at you), and you must be able to prove this to a jury.


**TAKE THIS WITH A GRAIN OF SALT - I.A.N.A.L.**


If any of you have better info, please call me out on it, and I will edit my post.

Thanks

**EDIT** Please see Gunlawye001's posts below.

[mike2010]

TO THE BEST OF MY KNOWLEDGE (so you have been warned that I may be wrong):

We (PA) DO NOT have a Castle Doctrine. What this means is that you must retreat as far as possible before the employment of deadly force.

You are only allowed to shoot if your life is in imminent danger (as in you are being immediately threatened by a weapon pointed/brandished with threat at you), and you must be able to prove this to a jury.


**TAKE THIS WITH A GRAIN OF SALT - I.A.N.A.L.**


If any of you have better info, please call me out on it, and I will edit my post.

Thanks

crap... just what I thought.

Which basically mean...if its 3am pitch black and someone breaks into my house and has a gun, im toast.

Since it would take atleast a minute or 2 for me to get coherant and know whats going on...get my gun and be able to aim perfectly.. meanwhile, the guy who broke in is probably all pumped up on speed or crack...with full energy.

I even tested myself a couple times during false alarms.. In the middle of the night when my house alarm went off. (those darn indoor motion detectors could drive you nuts sometimes) So yea my alarm would go off at like 4am or whatever...i'd wake right up and get my gun to be on the cautious side. But I could tell just from those couple instances.....I was not ready..I was soooo tired and it took me time to be perfectly mentally prepared. And now we have to add in the equation of finding out if they have a gun or not first...at 4am...when were half asleep? The odds are against the homeowner.

Just when the law couldnt get more stupider.. I mean what the heck is a guy who breaks into your house going to say as an excuse?

"I broke in just to eat some cupcakes and was going to leave" ?

[XD45]

I'd recommend getting a good flashlight, I know I personally leave lights on all threw the house, not all of them usually 1 a room or whatever works for your place, with a low wattage just enough so u can see whats what. i'm currently in the process of getting outside motion lights for my house, gonna do it all around so you cant walk anyplace without a light turning on

and yes those alarms like to go off for every day thing, think i wet the bed a few of the times

[bubba23]

crap... just what I thought.

You need a dog........................and a gun!

[1927A1]

mike2010,

Actually if an intruder breaks in with a gun you are in imminent danger! The catch 22 might be proving that he was armed after you drop him/her.

Being that you know your house it is far wiser to have the criminal come to you rather than seek them out. You know the creaks and sounds of your home, and should pretty much know when they are coming.

My concern, would be to wake up with a gun in my face, or perhaps not wake up at all ever.

I was once awakened to the sound of my Doberman going ape at the back door. I was surprised at how rapidly I woke up, the adrenalin helped, and how fast thoughts flew through my mind. I was just as amazed that the perp didn't pick up his feet and take off with the sound of the dog. I now maintain 3 dogs and other various electronic methods of early detection. I'e neer practiced but have a well detailed game plan in my mind.

[MarcS]

Try this. Grab you gun, dial the police and yell "I HAVE A GUN AND THE POLICE ARE ON THEIR WAY. GET THE FUCK OUT OF MY HOUSE!" and bunker in a defensive position.

It can be articulated that after issuing the following warning anyone in your house who doesn't leave is there to cause you harm.

There is no duty to retreat in your house.

You have an obligation, as always, to identify your target.

[Johannes_Paulsen]

We (PA) DO NOT have a Castle Doctrine. What this means is that you must retreat as far as possible before the employment of deadly force.

[EDIT: deleting this first sentence in light of GunLawyer's post.]

Apparently, a bill to creating a Castle Doctrine in Pennsylvania was introduced into the legislature last year, but I don't think anything became of it.

Perhaps if we need a positive, concrete issue to rally around, this could be it?

Of course, we'd have to fight off losers such as this:

http://www.gunguys.com/?p=1125

"License to MURDER!" Gotta love that.

[GunLawyer001]

Here's an extract from Section 505 of Title 18 (look at the last paragraph copied here):

§ 505. Use of force in self-protection.
(a) Use of force justifiable for protection of the person.--
The use of force upon or toward another person is justifiable
when the actor believes that such force is immediately necessary
for the purpose of protecting himself against the use of
unlawful force by such other person on the present occasion.
(b) Limitations on justifying necessity for use of force.--
(1) The use of force is not justifiable under this
section:
(i) to resist an arrest which the actor knows is
being made by a peace officer, although the arrest is
unlawful; or
(ii) to resist force used by the occupier or
possessor of property or by another person on his behalf,
where the actor knows that the person using the force is
doing so under a claim of right to protect the property,
except that this limitation shall not apply if:
(A) the actor is a public officer acting in the
performance of his duties or a person lawfully
assisting him therein or a person making or assisting
in a lawful arrest;
(B) the actor has been unlawfully dispossessed
of the property and is making a reentry or recaption
justified by section 507 of this title (relating to
use of force for the protection of property); or
(C) the actor believes that such force is
necessary to protect himself against death or serious
bodily injury. (2) The use of deadly force is not justifiable under
this section unless the actor believes that such force is
necessary to protect himself against death, serious bodily
injury, kidnapping or sexual intercourse compelled by force
or threat; nor is it justifiable if:
(i) the actor, with the intent of causing death or
serious bodily injury, provoked the use of force against
himself in the same encounter; or
(ii) 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, except that:
(A) the actor is not obliged to retreat from his
dwelling or place of work, unless he was the initial
aggressor or is assailed in his place of work by
another person whose place of work the actor knows it
to be; and......