Pennsylvania: H.B. 40, deadly force acceptable in self-defense
Scott Perry (R 92) introduced House Bill 40 last January. It would eliminate the "duty to retreat" in self defense situations.Currently, if you're out somewhere, and an attacker threatens you with a pocket knife, then, you, pull out your handgun, you must "retreat", if you feel like you can get out of the situation safely and avoid the use of deadly force.House Bill 40, or, the Castle Doctrine, would eliminate that duty.
You know, I'm going to have to disagree with this bill. If you can't retreat, then shoot. If you can retreat, then do. I don't think it should be legal to just shoot a guy who pulls a knife on me unless i absolutely have no choice, in which case you could prove it in court and wouldn't have an issue. I can see Philly or Pittsburg having issues with that making things worse....
You know, I'm going to have to disagree with this bill. If you can't retreat, then shoot. If you can retreat, then do. I don't think it should be legal to just shoot a guy who pulls a knife on me unless i absolutely have no choice, in which case you could prove it in court and wouldn't have an issue. I can see Philly or Pittsburg having issues with that making things worse....
So let me get this right? You don't see a knife as a deadly weapon? What exactly is a guy pulling a knife on you trying to say? "Hey buddy mind giving me your money? I need to buy some wood to widdle on here with my knife" If someone produces a deadly weapon on me I assume they mean to use it to kill me.
You know, I'm going to have to disagree with this bill. If you can't retreat, then shoot. If you can retreat, then do. I don't think it should be legal to just shoot a guy who pulls a knife on me unless i absolutely have no choice, in which case you could prove it in court and wouldn't have an issue. I can see Philly or Pittsburg having issues with that making things worse....
The use of deadly force was never a tit-for-tat test. If a potential victim can demonstrate that death or grievous injury is “imminent and immediate,” that is to say that it is going to happen and happen now, then the legal test for the use of deadly force was met. If my 105 pound wife is confronted by an assailant with a club or a knife and the legal test for "imminent and immediate" threat of death or grievous injury is met at home or in a parking lot, then she should be authorized to defend herself with her .38 Smith & Wesson.
__________________ ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Was "Your" Voice Heard Today? NRA-ILA ~~~~~~~~~~~~~~~~~~~~~~~~~~~
I was thinking if you can "retreat" than do. If I pull a gun out and I retreat I would. but I think it will be different scenario if its my gf pulling a gun. This bill should be passed in all usa
I was thinking if you can "retreat" than do. If I pull a gun out and I retreat I would. but I think it will be different scenario if its my gf pulling a gun. This bill should be passed in all usa
I am an equal opportunity "you messed with the wrong person" The size, sex, or armaments of the victim should have absolutely no baring. I have some training in knife fighting and grappling through the Marine Corps Martial Arts program and I still have no faith that I could fend off an attack who had a knife or any other weapon with any certainty of my own safety. If someone were to pull a knife on my I will produce my 9mm and give them the option to back down but I will NOT retreat.
The use of deadly force was never a tit-for-tat test. If a potential victim can demonstrate that death or grievous injury is “imminent and immediate,” that is to say that it is going to happen and happen now, then the legal test for the use of deadly force was met. If my 105 pound wife is confronted by an assailant with a club or a knife and the legal test for "imminent and immediate" threat of death or grievous injury is met at home or in a parking lot, then she should be authorized to defend herself with her .38 Smith & Wesson.
This is a good bill for us Pennsylvanians because it eliminates the "must retreat" element. There are tales of people having to jump out of windows, at their risk, because they were obligated to retreat rather than defend. S&S is right here in that deadly force was never intended as tit-for-tat. No reasonable person would shoot for any reason, but would first attempt to leave, call the police, etc. unless the threat was immediate physical harm, and then only while the act of harm was being done to him/her or while there was no doubt that it was imminent.. I've asked my representative and others on the Judiciary Committee to pass this bill post haste.
__________________ Go ahead, Makarov my day!~~makarov.com
I am an equal opportunity "you messed with the wrong person" The size, sex, or armaments of the victim should have absolutely no baring. I have some training in knife fighting and grappling through the Marine Corps Martial Arts program and I still have no faith that I could fend off an attack who had a knife or any other weapon with any certainty of my own safety. If someone were to pull a knife on my I will produce my 9mm and give them the option to back down but I will NOT retreat.
Lcpl, but they do. This is called "disparity of force" if a gang of knife wielding thugs accosts you who have no weapon, or if an elderly gent ticks you off and you go after him. Size, sex, etc. are what the jury considers in a use of deadly force case. Your last sentence above sounds more like a stand-off than an attempt to use deadly force on you, so I don't know if that's what you intended to say, or not.
__________________ Go ahead, Makarov my day!~~makarov.com
I might add that retreating often opens the victim up for pursuit by the criminal assailant. A retreating victim with his/her back turned is far more vulnerable to death or injury than a victim who is in a defensive stance and better able to ward off an attack or use counter-force. It should be up to the assailant to peacefully end the confrontation or face the consequences of deadly force from the law abiding victim. The criminal has to assume some responsibility here.
__________________ ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Was "Your" Voice Heard Today? NRA-ILA ~~~~~~~~~~~~~~~~~~~~~~~~~~~
