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Should you have a legal duty to retreat from an intruder or attacker?
Gun Rights Examiner ^ | October 11, 2010 | David Codrea

Posted on 10/11/2010 8:51:56 AM PDT by Neil E. Wright

Pennsylvania's "Castle Doctrine" bill, H.B. 40, has cleared an important hurdle. From The Bulletin:

The state House of Representatives voted last Tuesday for a bill to expand the legal use of deadly force in self-defense of individuals and their property...

What, someone presumes to tell them they're not allowed to do that now? And here's another outrage:

Current law also requires an individual to retreat from the threat before using deadly force if the individual is in a public place.

Really? These people realize such encounters can be over in mere seconds? Or is it they just don't care?

The anti-defense crowd is crying foul. From Brad Bumstead at the Tribune-Review:

Gun-control advocates were furious, claiming that supporters of the Castle Doctrine extension had unfairly cut off debate on the bill, which would expand Pennsylvania's law on self-defense.

Yeah, except they're really furious because so many scorned them:

On final passage, 61 Democrats joined virtually the entire Republican caucus in approving the bill 159-38, with five members on "leave." The lone Republican against the bill was former Speaker Dennis O'Brien of Philadelphia.

Sounds like it's past time to tell the PA GOP O'Brien has to go, followed by a big "or else."


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events; US: Pennsylvania
KEYWORDS: banglist; codrea; examiner; retreat; standyourground
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It's a start, PA. Next you people in PA need to work on Constitutional Carry, and join Vermont, Alaska and Arizona on the RIGHT side of the issue.

America! It's about

★ FREEDOM! ★

★ Estimated Value – PRICELESS! ★

1 posted on 10/11/2010 8:51:58 AM PDT by Neil E. Wright
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To: Neil E. Wright

Absolutely. Castle Doctrine should be the minimum. Texas and others need to follow the example in Constitutional Carry.


2 posted on 10/11/2010 8:54:09 AM PDT by WAW (Which enumerated power?)
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To: Neil E. Wright
Only as far as is required to reach my choice of defense.
3 posted on 10/11/2010 8:54:45 AM PDT by Falcon4.0
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To: Neil E. Wright
Should you have a legal duty to retreat from an intruder or attacker?

NO!

HELL NO!

4 posted on 10/11/2010 8:57:08 AM PDT by Iron Munro (I prayed: "O Lord make my enemies ridiculous." And God granted it - He sent the Obamas.)
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To: Neil E. Wright

The Carpet Bombing Doctrine works for me. ;)


5 posted on 10/11/2010 8:57:33 AM PDT by Redcitizen
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To: All

There should be additional laws stating that no perp NOR their surviving family members should EVER profit from a crime being committed.
If you are breaking into a house and the owner chases you down the street and pumps 5 bullets in your back, too bad.
Everything that happens to you during the commission of a crime is the DIRECT RESULT of your choice to be a criminal.
Homeowners and police should be held financially blameless when reacting to the threat.


6 posted on 10/11/2010 8:59:26 AM PDT by Maverick68
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To: Neil E. Wright

If you kill the intruder, who will testify otherwise? Remember, always make sure the intruder is graveyard dead before calling the police. It makes their paperwork so much simpler.


7 posted on 10/11/2010 9:01:22 AM PDT by equalitybeforethelaw
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To: Maverick68

Amen to that!


8 posted on 10/11/2010 9:02:14 AM PDT by mrmeyer ("When brute force is on the march, compromise is the red carpet." Ayn Rand)
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To: Neil E. Wright

(shrug)
I think the best bet for normal, law-abiding citizens is to carry an untraceable gun and if forced to use it, get out of there as fast as possible and ditch the gun in the river.


9 posted on 10/11/2010 9:03:17 AM PDT by Lancey Howard
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To: equalitybeforethelaw

The forensics still speak.


10 posted on 10/11/2010 9:03:52 AM PDT by LachlanMinnesota
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To: Neil E. Wright

Yah, I ‘retreated’...about 3 steps back. My scatter-gan makes quite the mess.


11 posted on 10/11/2010 9:06:58 AM PDT by LoneStarGI (Vegetarian: Old Indian word for "BAD HUNTER.")
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To: LachlanMinnesota

“The forensics still speak.”

Sure they do. You shot an intruder in your house. What forensics can’t speak to is the situation requiring the application of firepower. Foresics under my approach would fully confirm the home owners statement.


12 posted on 10/11/2010 9:07:52 AM PDT by equalitybeforethelaw
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To: Neil E. Wright
Gun Control Pictures, Images and Photos
13 posted on 10/11/2010 9:12:46 AM PDT by TexasPatriot1 (Annoy a lib, get a job.)
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To: Neil E. Wright

Technical note: In the article the anti-gun types mentioned that retreat is an option when someone aggressively pulls a knife on you.

Tactically, when someone pulls a knife on you, within 15-25 feet away, you are in imminent risk. The assumption that “I have a gun, so I have time” is incorrect. The knife user can very quickly close the gap between you and stab or slash you several times just as quickly.

So the best response is to immediately brandish your gun and start firing until you are sure the knife-wielder is incapacitated.

Important notes are that guns are *no* guarantee for a one, or even several shot take down, especially if the attacker is large, muscular or fat, or fortified with chemicals. Especially if they can build momentum in a charge. There is also no guarantee that even at point blank range you will hit your attacker with your bullets.

In many circumstances the above situation puts the gun owner at more risk than the knife wielder.

And one of the most serious of problems you face is that your attacker is emotionally, psychologically, and situationally prepared for his attack, but it is likely that you are *not* emotionally, psychologically, or situationally ready to defend yourself.

So how long does it take to realize that a) Something unusual is going on; b) It is directed at me; c) The attacker is armed and they *seem* to want to attack me; d) I had better get my gun out and use it, now?

Suddenly, 25 feet away is very, very close.


14 posted on 10/11/2010 9:13:29 AM PDT by yefragetuwrabrumuy
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To: Neil E. Wright

True Americans do not retreat!


15 posted on 10/11/2010 9:14:16 AM PDT by 7thOF7th (Righteousness is our cause and justice will prevail!)
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To: Neil E. Wright

Interestingly, we have the Castle Doctrine in California, and it is fairly strong.


16 posted on 10/11/2010 9:16:18 AM PDT by Navy Patriot (Sarah and the Conservatives will rock your world.)
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To: Maverick68

I’m good with that.


17 posted on 10/11/2010 9:23:30 AM PDT by Dead Corpse (III, Alarm and Muster)
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To: yefragetuwrabrumuy
In the article the anti-gun types mentioned that retreat is an option when someone aggressively pulls a knife on you.

Only an idiot talks in absolutes about situations that are composed entirely of variables. Which, I suppose is apt, since rabid anti-gunners are, indeed, idiots.

And, as to "retreat", again, it depends on the situation. If I come home and find an intruder in the house, to hell with it, I'm not clearing the house alone. He can have whatever he can carry away; that's why I have insurance.

However, if it's 2:00am and I'm the only thing standing between my family and someone who shouldn't be there, I don't care what he's carrying. Unless it's a viable option, we're not going to cross our fingers and make a run for the door.

18 posted on 10/11/2010 9:25:29 AM PDT by wbill
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To: Neil E. Wright

Right thinking people know that an attacker or intruder has a duty to retreat - from ME!


19 posted on 10/11/2010 9:26:28 AM PDT by Enterprise (As a disaster unfolds, a putz putts.)
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To: Iron Munro

In Arkansas, we have to retreat when we can if we are not in our homes. If someone breaks into our home, we can do anything we wish to the intruder while they are inside. We can’t shoot them if they run and manage to escape outside.


20 posted on 10/11/2010 9:26:38 AM PDT by seemoAR
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