Castle Doctrine/Stand your ground in PA


SasquatchisReal

New member
Hello all,
new here, hope everyone is well. Ok to the point, I read on the info page for Pennsylvania it states Pa is a CASTLE DOCTRINE/STAND YOUR GROUND STATE. THIS IS INCORRECT! According to the "Pennsylvania General Assembly web page: Regular Session 2009-2010
Senate Bill 842
Text
Text [History] [Votes]
Short Title: An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in general principles of justification, further providing for definitions, for use of force in self-protection, for use of force for the protection of other persons and for licenses to carry firearms; and providing for civil immunity for use of force.
Prime Sponsor: Senator ALLOWAY
Last Action: Referred to JUDICIARY, May 5, 2009 [Senate]
Printer's No.

The website is at : The Pennsylvania General Assembly

This is apparently still waiting to come up for vote so I'm not sure why usacarry would claim on the pa info page that we are already a castle doctrine/stand your ground state. Am I missing something here? If anyone can shed some light on this issue I would (and I'm sure everyone else in pa) appreciate it. Thankyou,
-Brian-
-The City of Fools,
in the State of Confusion-
 

OldOwl

New member
Just found out I have to leave Sunday morning for PA.

I need a little help please. I live in a state not reciprocal with PA. I'm going there to work for about a month. I'm wondering if there is any update on the castle doctrine ? I'm not too worried about the concealed carry part as most of my time will be at the shop working or in a hotel. Castle law usually covers both work place and home, that you can have a hand gun in a tool box or night table drawer.

Thanks for any help.
 

utimmer43

New member
I believe that bills have been introduced recently, but none have passed thus far. However, my feeling (for what that is worth) is that the PA judicial system would be pretty reasonable regarding SD situations.


Even though your MA permit is not reciprocal with PA, it DOES enable you to carry your loaded handgun anywhere in your vehicle. Even still, if you have a couple weeks before you must come here, I would suggest that you apply for a PA NR LTCF. All you need to do is send the application, a copy of your MA permit, and $25 (I think), to the Centre County sheriff. Their issue times have been down around a week lately.

Without the permit, you would be able to keep your gun in the hotel room. As far as the tool box you mention, that depends on where this toolbox is located.
 

utimmer43

New member
Oops, sorry. I just noticed the part about having to leave on Sunday. OK, so getting a PA permit is out. One other thing to remember is that OC is legal in PA, if you are comfortable with that.
 

OldOwl

New member
Wow. Open carry for a non resident? Does that include in a vehicle? I don't think I'd want to open carry, seems to just invite trouble. I'm mostly concerned with having cash on me and thousands of dollars worth of tools probably in my vehicle every night. I just want to feel safe in my room at night mostly.

If assachusetts didn't have their head up their butts and recognized more states here, we might get more reciprocal states.

I worked in NW PA two years ago out in the boonies, and never really thought about it, I just carried it locked in my truck and in my room at night in a drawer. This trip I'll be in the Lancaster area some place, I don't know how rural it is there.
 

utimmer43

New member
Wow. Open carry for a non resident? Does that include in a vehicle? I don't think I'd want to open carry, seems to just invite trouble. I'm mostly concerned with having cash on me and thousands of dollars worth of tools probably in my vehicle every night. I just want to feel safe in my room at night mostly.

If assachusetts didn't have their head up their butts and recognized more states here, we might get more reciprocal states.

I worked in NW PA two years ago out in the boonies, and never really thought about it, I just carried it locked in my truck and in my room at night in a drawer. This trip I'll be in the Lancaster area some place, I don't know how rural it is there.
Yup, OC w/o a permit is legal, except for in Philly, resident or not. However, O/C and vehicle carry are unrelated. As soon as you enter the vehicle it is considered concealed, even if it is laying on the dashboard for all to see. The good news is that your permit IS VALID while inside your vehicle. So driving wouldn't be a problem. If OC isn't for you, you would be able to keep your gun locked in your vehicle while you are working. And again, having it in your hotel room won't be a problem.

BTW, where will you be working? I get down there on a fairly regular basis (probably 3 times next week.) As far as Lancaster goes, the city itself can be a little rough, but you don't have to get very far beyond the city limits before you are in fairly peaceful territory. Go a little further and horse drawn buggies will be a common sight.
 

OldOwl

New member
Oh man. I love those horse buggies. I used to see them in Titusville and Oil City when I was there. BEST corn on the cob I ever had right from the fields. And there was one car a week came in to the shop which had hit a deer. I do paintless dent repair and travel to areas hit by hail to fix cars.

Just found out, I'll actually be right in Lancaster.

I don't want to be a nuisance, but I'm not understanding how my CC permit from here would cover me in a vehicle in PA?
 

utimmer43

New member
Not a nuisance at all.

18 Pa.C.S. § 6106:
(a) Offense defined.--
(1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.
(2) A person who is otherwise eligible to possess a [FN1] valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.

(b) Exceptions.--The provisions of subsection (a) shall not apply to:

(11) Any person while carrying a firearm in any vehicle, which person possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the United States or any other state.
 

OldOwl

New member
You are da man! Thank you for taking the time. I do believe lunch is on me. OK, have a lot of packing to do. Talk to you in the future brother.
 

father-of-three

New member
Not a nuisance at all.

18 Pa.C.S. § 6106:
(a) Offense defined.--
(1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.
(2) A person who is otherwise eligible to possess a [FN1] valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.

(b) Exceptions.--The provisions of subsection (a) shall not apply to:

(11) Any person while carrying a firearm in any vehicle, which person possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the United States or any other state.

Old Owl:
It might be worthwhile to keep a copy of this as a reference if needed. There is also a federal statue that allows weapons to be locked and unloaded while traveling through other states. I was unaware of the above "exception," so I, too, am grateful for the citation. I would shy away from open carry in Pennsylvania. My brother has a CCW permit and his Pennsylvania Act 235 certification, which allows him to carry for employment purposes, but that didn't stop some police officers from being physically aggressive first and asking questions later one night.

I guess it depends on where you are and how good or bad a day local law enforcement are having, no sarcasm intended.
 

CapGun

New member
Pa. Judiciary voting today on castle doctrine legislation!!!!! HB 40. Call your rep and tell them to support HB 40.
Upcoming next week. HB 1043,HB1044 and HB1045.
HB1043 establishes an Illegal firearms transport "CZAR"
HB1044 does away with the Pa preemption law. If that happens you will never know if you are breaking local carry laws as you carry in Pa.:mad:
 

utimmer43

New member
AWESOME, AWESOME, AWESOME, and AWESOME!!!!:yes2:NRA-ILA :: Pennsylvania: Castle Doctrine Passes out of Judiciary Committee

On Tuesday, May 25, the House Judiciary Committee successfully passed HB40, Castle Doctrine legislation, which will now head to the House floor for consideration. The committee also defeated three anti-gun bills (HB1043, HB1044 and HB1045).

House Bill 40, sponsored by State Representative Scott Perry (R-92), would permit law-abiding citizens to use force, including deadly force, against an attacker in their homes and any places outside of their home where they have a legal right to be. It is clearly stated that there would be no “duty to retreat” from an attacker, allowing law-abiding citizens to stand their ground to protect themselves and their family. HB40 would also protect individuals from civil lawsuits by the attacker or the attacker’s family when force is used.

House Bill 1043 would have created a new Bureau of Illegal Firearms Trafficking or a “Firearm Trafficking Czar” in the Office of the Pennsylvania Attorney General. Passage of this bill had the potential to establish yet another anti-gun biased bureaucratic agency within the state government.

House Bill 1044 would have gutted Pennsylvania’s firearm preemption statute which currently allows only the State Legislature to enact laws pertaining to firearms. Without a state preemption law, the result would have been a complex patchwork of restrictions that change from one local jurisdiction to the next.

House Bill 1045 would have brought California-style gun-control to the Keystone State and ultimately banned many semi-automatic firearms commonly owned by Pennsylvanians.
 

father-of-three

New member
AWESOME, AWESOME, AWESOME, and AWESOME!!!!:yes2:NRA-ILA :: Pennsylvania: Castle Doctrine Passes out of Judiciary Committee

On Tuesday, May 25, the House Judiciary Committee successfully passed HB40, Castle Doctrine legislation, which will now head to the House floor for consideration. The committee also defeated three anti-gun bills (HB1043, HB1044 and HB1045).

House Bill 40, sponsored by State Representative Scott Perry (R-92), would permit law-abiding citizens to use force, including deadly force, against an attacker in their homes and any places outside of their home where they have a legal right to be. It is clearly stated that there would be no “duty to retreat” from an attacker, allowing law-abiding citizens to stand their ground to protect themselves and their family. HB40 would also protect individuals from civil lawsuits by the attacker or the attacker’s family when force is used.

House Bill 1043 would have created a new Bureau of Illegal Firearms Trafficking or a “Firearm Trafficking Czar” in the Office of the Pennsylvania Attorney General. Passage of this bill had the potential to establish yet another anti-gun biased bureaucratic agency within the state government.

House Bill 1044 would have gutted Pennsylvania’s firearm preemption statute which currently allows only the State Legislature to enact laws pertaining to firearms. Without a state preemption law, the result would have been a complex patchwork of restrictions that change from one local jurisdiction to the next.

House Bill 1045 would have brought California-style gun-control to the Keystone State and ultimately banned many semi-automatic firearms commonly owned by Pennsylvanians.

Thanks for the update! I may celebrate by making another gun purchase! :biggrin:
 

CapGun

New member
Just logged on to see if there was any info on the outcome. New I could count on someone here! Good work Utimmer43 :yu: I made calls today. Guess we should keep calling until it's passed. Please call and let them know!
 

OldOwl

New member
Well that was short. Corporate sent me home so I could be here for my daughters graduation. Nice two week stay in PA. I always enjoy the state once I'm out in the boonies. Lancaster was pretty wild on the holiday week end but I worked 12 hour days right through so no inconvenience to me. Pretty chincy locks on my $50 a night room, so I felt safe with my little friend under my pillow. :pleasantry: Best of luck with your new legislation.
 

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