spencer280
Regular Member
imported post
i got this off pa open carry and thought i would pass it along
PA Senate Bill 842 introduces "Castle Doctrine" to PA, as well as clarifying some law, and improving some others.
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The most important points of the bill, as I interpret it (and I'm not a legal professional, nor do I have any background in law, so take what I say with a grain of salt) are as follows:
+ Better description of home/dwelling, now includes porch/deck/patio, I assume due to a recent case where a citizen shot someone on his porch that was attempting to break in. Previously that was a gray area, I'm not sure how the case turned out. (under § 501. Definitions of Section 1. Section 501 of Title 18)
+ Better description of "residence". A dwelling in which one resides permanently or temporarily, or is just visiting as a guest. (under § 501. Definitions. of Section 1. Section 501 of Title 18)
+ One has the right to stand one's ground, with no duty to retreat, and to protect oneself with force, including deadly force, if one feels it is immediately necessary to prevent death, serious bodily injury, kidnapping, or sexual intercourse by force or threat, (and here's the important part), ANYWHERE one has a right to be. (under § 505.(2.3) of Section 1. Section 501 of Title 18)
+ Under § 506 of Section 1. Section 501 of Title 18, the same rights are understood when protecting another person.
+ Under Section 6(a) of Title 42, § 8340.2. Civil immunity for use of force, anyone that has used force to defend themselves, another, or property, legally, under § 505, 506 or 507 of Section 1. Section 501 of Title 18. Basically you can't be sued for your actions if you injure the offender.
+ Under Section 6(b) of Title 42, § 8340.2, the court shall pay expenses including but not limited to, attorney fees, expert witness fees, court costs and compensation for loss of income, for anyone that falls under § 505, 506 or 507 of Section 1. Section 501 of Title 18.
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i got this off pa open carry and thought i would pass it along
PA Senate Bill 842 introduces "Castle Doctrine" to PA, as well as clarifying some law, and improving some others.
-----------------
The most important points of the bill, as I interpret it (and I'm not a legal professional, nor do I have any background in law, so take what I say with a grain of salt) are as follows:
+ Better description of home/dwelling, now includes porch/deck/patio, I assume due to a recent case where a citizen shot someone on his porch that was attempting to break in. Previously that was a gray area, I'm not sure how the case turned out. (under § 501. Definitions of Section 1. Section 501 of Title 18)
+ Better description of "residence". A dwelling in which one resides permanently or temporarily, or is just visiting as a guest. (under § 501. Definitions. of Section 1. Section 501 of Title 18)
+ One has the right to stand one's ground, with no duty to retreat, and to protect oneself with force, including deadly force, if one feels it is immediately necessary to prevent death, serious bodily injury, kidnapping, or sexual intercourse by force or threat, (and here's the important part), ANYWHERE one has a right to be. (under § 505.(2.3) of Section 1. Section 501 of Title 18)
+ Under § 506 of Section 1. Section 501 of Title 18, the same rights are understood when protecting another person.
+ Under Section 6(a) of Title 42, § 8340.2. Civil immunity for use of force, anyone that has used force to defend themselves, another, or property, legally, under § 505, 506 or 507 of Section 1. Section 501 of Title 18. Basically you can't be sued for your actions if you injure the offender.
+ Under Section 6(b) of Title 42, § 8340.2, the court shall pay expenses including but not limited to, attorney fees, expert witness fees, court costs and compensation for loss of income, for anyone that falls under § 505, 506 or 507 of Section 1. Section 501 of Title 18.
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