PENNSYLVANIA: Governor Signs Castle Docrine Bill Into Law.

[GreenStormCloud]

http://www.nraila.org/News/Read/NewsReleases.aspx?ID=15275

Governor Tom Corbett has signed Pennsylvania Castle Doctrine legislation into law. This common-sense measure permits law-abiding citizens to use force, including deadly force, against an attacker in their home and any place where they have a legal right to be. It also protects individuals from civil lawsuits by an attacker or attacker’s family when force is used.

“Gov. Corbett and Pennsylvania lawmakers know that law-abiding citizens must have the right to protect themselves when criminals attack without fear of being second-guessed by an overzealous prosecutor,” said Chris W. Cox, executive director, National Rifle Association’s Institute for Legislative Action. “Crime victims don’t have the luxury of time when confronted by a criminal and must be able to count on the law being on their side. This new law accomplishes that by removing any mandate of forcible retreat.”

The NRA has led the nationwide movement to pass Castle Doctrine legislation, beginning with Florida in 2005. Pennsylvania is the 27th state to adopt this important measure with overwhelming bipartisan support. House Bill 40, sponsored by Rep. Scott Perry (R-92), passed by a 164 to 37 margin. Richard Alloway, II (R-33), sponsored the companion bill to HB 40, Senate Bill 273, which passed 43-4.

“I am very gratified that Governor Corbett has signed this legislation into law, correcting the grievous error made by the previous administration in denying these long-sought protections to our citizens,” said Rep. Perry. “There are many people who have worked hard to get this legislation to this point, and I am grateful to my House and Senate colleagues and to the National Rifle Association for their support. The time has finally come to return common sense and good judgment to state government, and this legislation is a step in that direction. A criminal should never have an advantage over a citizen who abides by the rules of decent society, and today, we finally achieved the goal of returning the right of self-defense to the law-abiding.”

SNIP -More at link

With those margins of victory, that means that many Democrats voted for it too.

The is is another advance for RKBA rights. It is the fourth state have the governor sign an NRA backed law in the past couple of weeks. We are on a roll.

[mitchtv]

1. I wonder if that includes warrantless entry by the Police?

I am hardly NRA and believe in sensible weapons laws. This seems ok to me. We need that in CA. (When you are in your home, where can you retreat to?)

[provis99]

3. it specifically says

you cannot resist a cop who is carrying out a criminal action against you.

[krispos42]

7. I would expect that if you don't know it's a cop and can prove it...

...in court, you might get away with it. If you know it's a cop, though... fix it in court afterwards. Get the cop fired, sue the force, whatever.

[provis99]

2. Here's the only important part:

"1) The use of force is not justifiable under this
section:
(i) to resist an arrest which the actor knows is
being made by a peace officer, although the arrest is
unlawful"

ie. You cannot resist a police officer carrying out a criminal act against you.

This is a bad law.

[gejohnston]

4. Yes it is bad. It kind of reminded me of this case

http://en.wikipedia.org/wiki/Basil_Parasiris

[TheWraith]

5. While I understand, I think the point is to cut off any potential loopholes.

Specifically, to make sure that nobody tries to claim shooting a cop as legal because they thought they were being arrested unlawfully.

[OneTenthofOnePercent]

8. If you don't KNOW the aggressor is a peace officer...

then you're still covered by castle doctrine.
The grand jury has to prove the person knew it was a peace officer acting against them.

[jeepnstein]

18. No it's not.

The place to straighten out a bad arrest is in front of the Judge. If I have paper to arrest John Doe and somehow Mr. Doe has it in his head that his arrest is in error, I do not want it turning into a firefight. People get hurt that way.

[PavePusher]

22. I understand what you are saying, but I can't help but wonder....

if it might make police/judges/etc. a bit more contemplative/cautious if they knew armed resistance to illegal/improper procedures was legal and encouraged.

[jeepnstein]

33. I don't know how much more cautious we can get.

It's the way of the world. People who obey the law obey the law and those who don't, well, they just don't. That goes for cops, lawyers, drug dealers, and whackos. Opening a hunting season on police who are playing by the rules isn't going to change that. I've had people tell me all sorts of wild legal theories about why my search or their arrest is unlawful. Do I want to give these people the option of using deadly force as a legal means of conflict resolution? We have courts for such matters.

[rl6214]

6. Oh the noes, the backlash, what to do about the backlash

Good job PA.

[ileus]

9. Guns and Ammo in a persons home are impolite things.

[Glassunion]

20. Not to mention tacky and uncivilized.

[ileus]

21. and just downright mean and hateful...LOL

[jpak]

10. R-Moran Tom Corbett signs stupid GOP Moran Gun Law sponsored by idiot GOP Morans

yup

[eqfan592]

11. Thanks jpak. We can always count on you...

...to come forward with the sputtering, spittle-filled enraged reply from the willfully ignorant of our nation.

[jpak]

12. The GOP are assholes

yup

[eqfan592]

13. lol, generally I would agree.

But even they are able to get it right once and a while. Dismissing policy out of hand simply because it was proposed by somebody from a different political party without considering the merits of the bill itself is not the actions of a rational minded person.

[ileus]

14. gun owners and our expanded rights are not...

[aikoaiko]

15. What do you think of the Democrats who voted to pass this law?

This was, after all, a bipartisan effort.

:shrug:

[ileus]

16. DINO's duh!

[RSillsbee]

17. Who here is saying they aren't?

Doesn't mean gun control doesn't suck

BTW are these GOP members assholes?

Paul Helmke?

Michael Bloomberg?

Josh Sugerman?

Sarah Brady?

James Brady?

In your opinion of course

[Tuesday Afternoon]

23. I guess that post is allowed because of the R and the GOP qualifiers

you have outdone yourself jpak. kudos.

[S_B_Jackson]

27. The current makeup of the PA Senate includes 20 Democratic members

of these 20, only 5 share the type of knee-jerk, hoplophobia that you display daily. This isn't a left vs. right issue, nor even a Democrat vs. Republican issue - it is a matter of civil liberties and the recognition that the average law-abiding citizen should not be required by the state to surrender one inch before having the ability to defend themselves from a criminal assault/attack.

You apparently have greater compassion for the plight of the criminal who's job is made more difficult by citizen who believe they have a right not to be assaulted, robbed, or raped and are willing to act in their own defense. Better in your mind, it seems, that they simply cower in fear and surrender that which they've worked so hard to have, to those who would take it by force because they want it.

[Straw Man]

30. One wonders why you had to edit "yup."

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=118&topic_id=432473&mesg_id=432645

Surely you must know how to spell it by now.

[Tuesday Afternoon]

19. good news. k&r

[onehandle]

24. Conservatives are AWESOME!

Stoopid Obama.

President Bachmann will put a chicken in every pot and a gun in every baby's diaper.

[GreenStormCloud]

25. Lots of Democrats voted for that bill too. It was basically bipartisan.

But don't let facts stop you from a rant.

[friendly_iconoclast]

26. And Democrats who understand *all* of the Constitution are even better!

You lot have given up on the "Rivers of blood will flow at the (insert venue of choice)!" meme, I take it?

[GreenStormCloud]

28. Great verbal judo move. You turned his own words against him. N/T

[Straw Man]

29. Catchphrases are LAME!

And so are faux progressives.

[RSillsbee]

31. Conservatives are AWESOME!

Conservatives such as these?

Paul Helmke?

Michael Bloomberg?

Josh Sugerman?

Sarah Brady?

James Brady?

[Glassunion]

32. When does it go into effect?

I can't wait to use it!!!