Pennsylvania Legislature Seeks to Expand the “Castle Doctrine”
December 6, 2010 Leave a comment
Governor Rendell vetoed the “stand your ground” legislation, stating, “The bill as passed encourages the use of deadly force, even when safe retreat is available, and advances a ‘shoot first, ask questions later’ mentality. I do not believe that in a civilized society we should encourage violent and deadly confrontation when the victim can safely protect themselves.”
The use of deadly force is very fact specific. Citizens of the Commonwealth of Pennsylvania have always had the right to self defense if faced with life threatening force, whether in one’s home or not. The current law merely requires that, when in a public place, a potential shooter must attempt to avoid a fatal confrontation rather than run headlong into one. The current law sufficiently protects individuals because it only impacts cases where there is no safe alternative to the use of deadly force. It also limits the public’s exposure to the use of deadly force by requiring individuals to seek an alternative if available.
Governor Rendell’s decision to veto the bill was supported by many law enforcement groups throughout the state including the Pennsylvania State Police and the Pennsylvania District Attorneys’ Association. However, when Republican Governor-elect Tom Corbett takes office next year, the legislature will likely reintroduce some form of this bill.