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Pa. Senate approves 'castle doctrine' bill

Corbett expected to sign measure

HARRISBURG — The state Senate sent the governor a bill Monday to expand the right to use deadly force in self-defense in Pennsylvania, ending more than a year of often-emotional debate over the role of guns in society.

The bill to widen Pennsylvania’s existing self-defense law was approved 45-5 without discussion by the Republican-controlled Senate.

Gov. Tom Corbett is expected to sign the measure.

“Law-abiding citizens should not have to fear prosecution because they seek to protect themselves from criminals,” said Sen. Gene Yaw, R-Lycoming, a co-sponsor of similar legislation in the Senate. “This measure protects responsible gun owners, while ensuring that their Second Amendment rights are preserved.”

The bill would expand the state’s “castle doctrine” — as in a family’s home is its castle — to allow the right to use a gun or other deadly force in self-defense in situations outside a person’s home or business.

Currently, the use of deadly force is not justifiable if the person can safely retreat, except when the threat is made inside his or her home or business.

The bill, sponsored by Rep. Scott Perry, R-York, would remove the requirement to retreat as long as the assailant displays a gun or other deadly weapon and the would-be victim legally possesses a gun or other lethal weapon, has a right to be in the place where the confrontation occurs and believes deadly force is necessary to prevent death, serious injury, kidnapping or rape.

Also, the legislation would limit certain civil liability in some cases for people who act within the guidelines. If they are sued by the alleged assailant and prevail in court, they would be entitled to an award of legal fees and costs as well as compensation for lost income.

One gun-control advocate said the expansion is unnecessary because current law allows the use of a gun in self-defense outside of homes and businesses “if you can’t retreat safely.”

The bill’s proponents “are expanding the use of violence in situations where otherwise it could have been prevented,” said Max Nacheman, executive director of the Philadelphia-based CeaseFirePA.

In earlier floor debates, proponents cast the bill as a common-sense proposal to balance the scales of justice. Opponents predicted it would foster a “shoot first” mentality that would lead to more bloodshed in communities where gun violence is already a major problem.

Then-Gov. Ed Rendell, a Democrat, vetoed a similar measure last year on grounds that it would increase violence.

The Pennsylvania District Attorneys Association previously opposed the bill, but dropped its opposition after the proposal was amended to make it more difficult to use as a shield for criminal activity.

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