Posted on 04/21/2009 10:50:11 PM PDT by Virginia Ridgerunner
Sen. Richard Alloway II, R-Waynesboro, introduced legislation Tuesday that would establish more legal protection for gun owners who act in self-defense.
Alloway's legislation would establish the Castle Doctrine in Pennsylvania, which is a right-to-defend-yourself law that allows individuals to use force to protect themselves in their homes and vehicles.
Pennsylvania has laws in place to protect individuals who use force in self-defense, but Alloway said he is concerned about Pennsylvania's "duty to retreat" clause, which requires individuals to avoid using force if they can safely retreat or surrender their possessions to an attacker.
"The current law requires the duty to retreat. It's completely subjective, it's based on the totality of the facts, incident by incident, but the bottom line is if someone is attacking you in your home or vehicle, or some other place you have the right to be, you have a duty to retreat," he said. "The bottom line is, we want to make sure that law-abiding citizens have a right to protect their home and their family without fear of being prosecuted." Alloway's bill would remove the "duty to retreat" clause and would provide protection from criminal prosecution or civil litigation to individuals who defend themselves, he said. An individual would need to demonstrate a reasonable belief that he or she was in imminent danger before using lethal force, Alloway added.
(Excerpt) Read more at eveningsun.com ...
Use of force in self-protection State law says the use of force is justifiable when an individual believes it is necessary to protect himself against force from another person. The use of force is justifiable if an individual feels the need to protect himself against death, serious bodily injury, kidnapping or rape.
"Duty to retreat" Under state law, if an individual knows he can avoid using force by safely retreating or surrendering his possessions to an attacker, he is obligated to do so. However, an individual is not obliged to retreat from his home.
Use of force in property protection Force may be used to prevent an unlawful entry or other trespass on an individual's land or the unlawful taking of their property. If the individual can safely ask a trespasser or thief to desist, the individual is obligated to do so. Deadly force is justifiable if someone unlawfully enters an individual's home and an individual feels lesser force would not stop the entry.
Obligation to retreat? I would think one’s home is the retreat, and anybody who violates it can be justifiably destroyed.
That’s my rule for insects as well.
I also think it’s outrageous that the current law here requires you to hand over your valuables to a robber without resisting with deadly force IF you believe he won’t hurt you. Stupid.
“The right of citizens to bear arms is just one guarantee against arbitrary government, one more safeguard against the tyranny which now appears remote in America, but which historically has proven to be always possible.”
Sen. Hubert H. Humphrey, (D-MN) (later Vice President)
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