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September 26th, 2007, 03:29 AM #1
what happened to stand your ground
So last year i heard Pa was trying to put a "stand your ground" bill in place
anyone know what happened to it was it thrown out passed failed.
also here is a question about deadly force
If i am out somewhere and without provoking anyone someone jumps me and starts beating me.. I try to get away buy cannot get away from the attack/ retreat and then attacked a second time. Can you pull your CCW and give the aggressor a double tap to the chest?
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September 26th, 2007, 04:46 AM #2
Re: what happened to stand your ground
I think the lack of progress on that bill can be blamed on democratic legislators.
As far as using a CCW in your scenario, I would have fired on the attackers during the first attack.
What is the sense of having a CCW if you have to have the snot knocked out of you before you use it?
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September 26th, 2007, 04:49 AM #3
Re: what happened to stand your ground
Just like whatever happened to the bill to get rid of the PSP's gun registry.
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September 27th, 2007, 12:13 AM #4
Re: what happened to stand your ground
I wouldn't expect to see much movement on this. As long as Fast Eddie is in the Governor's Mansion, it's not worth the political capital to muster together a bill that's a guaranteed veto.
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September 27th, 2007, 12:20 AM #5
Re: what happened to stand your ground
If i am out somewhere and without provoking anyone someone jumps me and starts beating me.. I try to get away buy cannot get away from the attack/ retreat and then attacked a second time. Can you pull your CCW and give the aggressor a double tap to the chest?
Starts beating you with what? Any kind of bludgeon? Absolutely, draw your firearm and stop the attack. Any kind of bludgeon is a deadly weapon and has a very good chance of killing or gravely injuring you.
Beating you with his fists? Depends on what kind of beating you are taking. The law will typically look at the force disparity. If you shoot a 5'4", 120lb guy and you're 6'2" at 240lb, you probably won't get away with a force disparity defense if you use deadly force. Two guys beating the hell out of you? You have a much better case.
Any Stand your Ground law will not make this scenario any different. Stand your Ground laws just eliminate your duty to flee an attack, it doesn't make it easier for you to claim self-defense based on force disparity. When dealing with an attacker, or attackers, who are not armed with deadly weapons, that is going to by nature involve judgment call. You make the judgment, someone else gets ot make the call. It's not fair, but it's a risk that you take when you decide to use deadly force against "unarmed" assailants.
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September 27th, 2007, 01:45 AM #6Banned
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Re: what happened to stand your ground
>>>>Any Stand your Ground law will not make this scenario any different. Stand your Ground laws just eliminate your duty to flee an attack, it doesn't make it easier for you to claim self-defense
no
Correct me here if i am wrong
Castle Docterine - you cannot be sued after a good shoot, today YOU WILL BE SUED good or not good by the perp or the dead perps family, any lawyer would
jump on this case in a second
also with CD in place the DA has to to prove your GUILT after a SD shoot, (make
sure you call the police asap after u drop the hammer)
right now as it stands, YOU have to prove your innocence after a shoot and will
be sued i guarantee you
How many guys on this board are democrats or union members?
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September 27th, 2007, 07:20 AM #7
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September 27th, 2007, 07:54 AM #8
Re: what happened to stand your ground
Castle Doctrine = A Man's Home Is His Castle. All castle doctrine does is make it so that you dont have to retreat from your home and only your home due to intruders, violence or felonies committed within. It is ancient common law that is coded already into nearly all states' written laws. PA does in fact have Castle Doctrine.
Stand Your Ground = Not having to flee before using deadly force, so long as you are lawfully where you are at and that the force upon you is deadly, can cause serious bodily injury, or one of the forcible felonies - kidnapping, rape, etc. It is an extension to Castle Doctrine, however it is different since it protects you outside of your place of abode.
Even a "Stand Your Ground" does not protect you from civil penalties. That SYG law must include a protection from lawsuit clause as well. Otherwise it only protects you from criminal prosecution.Last edited by knight0334; September 27th, 2007 at 08:00 AM. Reason: typo
RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515, SteveWag
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September 27th, 2007, 07:57 AM #9
Re: what happened to stand your ground
And that protection from lawsuit only takes effect if it was a legitimate self-defense shooting. If you get charged, and are found guilty, it's open season.
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September 27th, 2007, 07:59 AM #10
Re: what happened to stand your ground
Correct.
RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515, SteveWag
Don't end up in my signature!
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