[DennyF]

HB40 Perry

PN 32) Amends Titles 18 (Crimes & Offenses) and 42 (Judiciary) further stipulating, in general principles of justification, certain circumstances and situations in which protective and/or deadly force is justified. The bill provides for presumptions of intent, for reasonable belief, for exceptions, for definitions and inconsistencies, and for public officers outlines justifications for the use of force in the performance of duty. (Castle Doctrine)


Bill History: 01-15-09 H Filed
01-26-09 H Introduced and referred to committee on House Judiciary

 

[trapperb]

There would be certain circumstances and situations that I personally wouldn't give a second thought if it were law or not. I guess I need to take the responsibility to look it up. I'm the type that if anyone ever hurt my wife or daughters..they'd be dead. I may spend the rest of my life in jail..but they would be dead.

 

[CJBS2003]

Why spend the rest of your life in jail, do it... Just don't get caught!

 

[DennyF]

A year or two back when this was being debated, one of the local DAs stated in a TV interview that he didn't think we need a Castle Doctrine. His reasoning? The DA said <u>he</u> could make the decision whether or not charges needed to be filed, if anyone claimed self defense.

Pretty much told me right then and there, why we do need a Castle Doctrine law that specifically spells out what is and isn't acceptable for such a defense. It will still allow for some input from DAs on such cases, but should remove some of their power for arbitrary decisions up front.

 

[bus22]

just make sure you kill'em if you shoot'em

 

[m77lewis]

Only one story to be told then.

 

[Black Labs]

If you leave him alive he will sue you !!!

 

[CJBS2003]

If you kill him, his family will sue you... Always somebody looking to cash in!

 

[karl_rominger]

From the perspective of a criminal defense attorney the Castle Doctrine would help protect citizens who defend themselves. By making self defense harder to disprove, and giving the citizen more presumptions,things would go a lot better for the defender, particularly where the district attorney has an anti gun bias... The Castle Doctrine or a "Stand Your Ground Law" gives them less "ammo".

 

[bohunr]

we absolutely need a castle doctrine in PA, we need to give the power back to the law abiding citizen and take it from the criminal.

if more of us had the power, authority and nerve to stand our ground inside or outside our home, the criminals would see a difference.

right now the criminals have the mind set that they can do as they please and see nothing wrong with it. but the minute you stand up for yourself they think thats wrong and you cant do that.

its time for a change, its time to empower the citizens of pennsylvania with the ultimate right to self defense with out fear of prosecution or being sued by the criminal or relatives of that criminal.

any castle doctrine type law must include that.

 

[RedCon1]

I have always said that if someone broke into my house when I was not there, I would be upset, but not that upset. You apparently needed something of mine worse than I did. I would have prefered that you ask but.....
If you come into my house when I am home, I am going to do my best to kill you. I have no idea why your there and dont really care. Now a law stateing what justifies self defence is fine and well if it contains all the things that I find constitute self defence. Would it really change the reason I got my gun out to shoot a human being? No, absolutly not. It's like my father always said "I would rather be judged by twelve than carried by six". Keep in mind you are asking the same idiots who gave us the stimulous package to write this law....

 

[Two-0-four]

Well said!!

 

[zimmerstutzen]

The PA laws about self defense are confuring, technical and permit a DA to go after absolutely anyone. The law needs to be simplified and streamlined. PA also needs to address the flight/stand and fight rule as well.

Under the common law, if a person tried to hit you with his fist or tried to take your property, you had the absolute right to beat them off with a stick/cane etc. When the legiscritters passed the crimes code in the early 1970's they screwed things up royally. The law about resorting to higher force has been screwed up totally. Further, under the common law, any offensive touching could be stopped with higher force. Not so today. Even exhibiting a firearm or club when confronted with a threat will be met with prosecution. At common law there was much wider latitude to threaten to use lethal force to discourage an attack than there is today. In fact, for many typical common law batteries, the modern criminal code has created a special "weasel" class of crime called harrassment. A mere summary offense. Heaven help you if you resist such an attack with force of any kind. You will be nailed even harder than the criminal that initiated the attack. PA likes to call it mutual combat and the victim gets persecuted for not just taking the lumps.

 

[bohunr]

PA likes to call it mutual combat and the victim gets persecuted for not just taking the lumps.

its called "assault by mutual consent" you get attacked and defend yourself, you could go to jail for assault.
then if you really hurt the crook, you could get sued even though they initiated the attack...HUH

this needs fixed.

 

[Don Heckman]

How many states have already passed and had signed by their Governor state legislation for Castle Doctrine, 19-20 maybe more by now...

Why is Pennsylvania always on the bleeding end of states getting pro gun legislation passed and signed by the Governor that supports second amendment rights, firearms ownership, pro gun, pro shooting, pro hunting legislative initiatives?
Don...

 

[Damageinc]

How many states have already passed and had signed by their Governor state legislation for Castle Doctrine, 19-20 maybe more by now...

Why is Pennsylvania always on the bleeding end of states getting pro gun legislation passed and signed by the Governor that supports second amendment rights, firearms ownership, pro gun, pro shooting, pro hunting legislative initiatives?
Don...

I smell the city of Philadelphia in there somewhere...
I am all for the castle doctrine- hasn't this thing went around a few times- I don't know if it is gaining steam or not...let's hope so.

 

[deadon4]

News story, This is why we need a Castle Doctrine. " The laws are Vague" http://www.tribune-democrat.com/local/local_story_082232313.html

 

[Two-0-four]

In the news article they even mention that there are complex laws reguarding this Castle Doctrine.
I will still defend myself no matter what the law reads. Being a disabled person, you can bet I wouldn't hesitate to remove an intruder in my own way!!

If you come into my house when I am home, I am going to do my best to kill you. I have no idea why your there and dont really care.

I think that is just an awesome way to say it RedCon1!!!

 

[Two-0-four]

I just got this new info from the NRA today in my email about the Castle Doctrine.

Castle Doctrine Self-Defense Bill Introduced in the Keystone State!
Please Contact the Members of the Senate Judiciary Committee Today!

State Senator Richard Alloway (R-33) has introduced critical self-defense reform legislation (Senate Bill 842) to protect the rights of law-abiding gun owners in Pennsylvania. This Castle Doctrine self-defense bill has been referred to the Senate Judiciary Committee.

SB842 would permit law-abiding citizens to use force, including deadly force, against an attacker in their homes and any places outside of their home where they have a legal right to be. It is clearly stated that there would be no “duty to retreat” from an attacker, allowing law-abiding citizens to stand their ground to protect themselves and their family. SB842 would also protect individuals from civil lawsuits by the attacker or the attacker’s family when force is used.

Please contact the members of the Senate Judiciary Committee TODAY and respectfully urge them to support SB842.

 

[LCSMITH20]

Is there any up date on this?