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#1 |
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XDTalk 100 Member
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Castle Law Question
I know most states have 'castle laws' in place, which protect residents of a house or apartment if they defend themselves against an intruder. Do they also protect guests in the same manner? IE, if I am a guest in someone else's house, and defend myself and the resident of the house, am I protected?
I ask because my girl is moving into a new house next week, in a 'edge' area of Philadelphia (it is on the north edge of the Art Museum/Fairmount area, so its in a fine area, but close to areas which aren't so nice...), and the security system on her apartment hasn't been completed/hooked up yet. She's asked about me bringing over "my security" (dog and firearm) until it is installed, and I just wanted to check if anyone knew this application of the law. If, God forbid, something were to happen I guess we could claim we were going to move in together, but I'd rather not end up lying, especially since Philly is sooooo friendly to firearm owners...
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I don't cling to my guns because I'm bitter...I cling to my guns because the liberals keep trying to take them away from me! -XD45 Compact -Ruger 22/45 -KelTec PF9 |
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#2 |
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XDTalk 100 Member
Join Date: Sep 2007
Location: Jacksonville, FL
Posts: 162
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Your lead in refers to "most states" and asks how the law treats guests. FL law treats "guests" the same as owners (even including in your hotel room). But that is irrelevant to you. You need PA law.
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#3 |
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XDTalk 5K Member
Join Date: Apr 2008
Location: Vegas
Posts: 7,666
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not only PA law,but philly law which will probably claim your a criminal for even speaking of a gun....
NRA-ILA :: Gun Laws
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The American Revolution was a new war fought by a new kind of soldier...snipers built this country |
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#4 |
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XDTalk 100 Member
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Yes, I guess I should have specified PA law, but I figured this could be useful for others as well. And PA law does override local provisions, although I'm sure the reactions from Philly police would not be as friendly to someone using a firearm for self defense as police elsewhere in the state.
Interesting to note that the NRA-ILA page (from a quick check) doesn't specify if PA technically has a castle law, although I was under the impression that even without the law, you are legally allowed to defend yourself in your place of residence.
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I don't cling to my guns because I'm bitter...I cling to my guns because the liberals keep trying to take them away from me! -XD45 Compact -Ruger 22/45 -KelTec PF9 |
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#5 | |
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XDTalk 5K Member
Join Date: Apr 2008
Location: Vegas
Posts: 7,666
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Quote:
the castle law (if i am correct) keeps the intruder or his family from suing you for injury or death. Only in the most hardcore left wing states is it a crime to defend your house.
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The American Revolution was a new war fought by a new kind of soldier...snipers built this country |
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#6 |
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XDTalk 1K Member
Join Date: Feb 2008
Location: Houston, Texas
Posts: 1,357
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thats part of it also. Main point of castle law is to get rid of the right to retreat approach in favor of stand your ground. If you think about it if youre in the house where are you gonna retreat to
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XD9 Service Black XD9 Subcompact x 2 Kimber Tactical Custom II AR15 16" Midlength Lancaster AK47 Remington 870 12ga Express |
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#7 |
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XDTalk 5K Member
Join Date: Apr 2008
Location: Vegas
Posts: 7,666
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i'll retreat to another room where there is another gun... a bigger one.
the left expects people to run and scream for help and wait for cops to come...not realistic. Legal or not, i'll defend my home and family no matter what.
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The American Revolution was a new war fought by a new kind of soldier...snipers built this country |
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#8 |
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XDTalk 500 Member
![]() Join Date: May 2008
Location: Des Moines, IA
Posts: 566
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If you truly need that gun, it really won't matter if you are going to be sued or arrested. Better that than dead.
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~Wendy XD TACTICAL 9MM RUGER 22/45 Mk III RUGER 10/22 |
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#9 |
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XDTalk 100 Member
Join Date: Jun 2007
Location: York, SC
Posts: 449
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Most castle doctrines say something to the effect that you can defend yourself anywhere you are if you have the right to be there.
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#10 |
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XDTalk 100 Member
Join Date: Feb 2008
Location: Central PA
Posts: 345
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I believe PA law draws a distinction between your actions when you are outside and when you are inside your dwelling. Outside you are limited to threat of bodily injury or death and inside I believe protection of property is also allowed as a justification for use of deadly force. But I think in any situation you would probably have to prove it to a jury.
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