The Castle Doctrine

Bill would enhance right to use lethal force if threatened
BROCK PARKER The York Dispatch
Posted: 04/23/2009 10:48:53 AM EDT

Alloway State Sen. Richard Alloway is preparing to introduce a bill that would enhance a person's right to use lethal force to defend themselves if they are threatened by an attacker at their home or in their car.
Alloway, R-Franklin County, said the bill would establish the Castle Doctrine in Pennsylvania and would protect gun owners who act in self-defense.

Pennsylvania does have laws on the books protecting people who use force to defend themselves in their homes or place of work.

But Alloway said his proposal would remove a clause from Pennsylvania Title 18 that states a person has a "duty to retreat" if possible instead of using force against an attacker.

Under Alloway's bill, homeowners would still need to demonstrate that they believed they were in imminent danger when they used lethal force.

Alloway said his bill would also add a person's vehicle as a place where people have a right to be and use force to defend themselves.

A member of the National Rifle Association, Alloway said he learned only recently that Pennsylvania did not have the Castle Doctrine in place.

"I was actually shocked," he said.

He said he is currently circulating the text of his bill to gather co-sponsors.

The bill would also seek to protect individuals from being sued in civil court for using force to protect themselves in their homes, places of work or vehicles.

Alloway said current state laws do not "necessarily" protect homeowners from being sued in civil court.

Twenty-three
other states have already established the Castle Doctrine, including the neighboring states of Ohio and West Virginia.
Alloway announced his legislation Tuesday at the Fourth Annual Right to Keep and Bear Arms Rally at the state capital.

-- Reach Brock Parker at 505-5434 or bparke r@yorkdispatch.com.