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Iam a resident in Pennslyvannia and i have a licence to carry a gun, which i do. I know that the law in PA limits places that people can carry like gov. buildings, schools, state parks etc.. But my question is what are the regulations exactly and is there ever really a situation that someone could shoot somebody justifiably in the eyes of the law. LIke could you shoot someone in self defence, and maybe kill them and not go to jail for murder charges. What if there are no witnesses to say that a person was truly defending him or herself. Also what if you get in a situation and you pull your weopon but dont discharge it? Oh and is alcohol a factor for the carrier? -it would be great if a cop or lawyer from PA could answer! thanks

2007-10-22 16:12:02 · 4 answers · asked by Anonymous in Politics & Government Law & Ethics

you don't have to take any classes to get a permit in PA. I Know the laws. Say that five black guys surround you and your girlfriend and from what you can see is that they have no weopons but you need to protect yourself so if you shot and none of them had weopons and maybe you were in eminent danger or maybe they were just going to kick your ***...Than would you go to jail. no more answers from tight asses that dont know what they are talking about please.

2007-10-22 16:34:28 · update #1

4 answers

Ok, i don't like giving opinions on the laws or how to judge them, but this is what the law says, how you interpret the law is up to you or the judge. the follow is from the Pennsylvania Consolidated Statutes
CRIMES AND OFFENSES (TITLE 18)
PART II. DEFINITION OF SPECIFIC OFFENSES.
ARTICLE G. MISCELLANEOUS OFFENSES
CHAPTER 61. FIREARMS AND OTHER DANGEROUS ARTICLES
SUBCHAPTER A - UNIFORM FIREARMS ACT

§ 6108. Carrying firearms on public streets or public property in Philadelphia.

No person shall carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property in a city of the first class unless:

1. such person is licensed to carry a firearm; or
2. such person is exempt from licensing under section 6106(b) of this title (relating to firearms not to be carried without a license).




Now here is the section on the use of force,





Pennsylvania Consolidated Statutes
CRIMES AND OFFENSES (TITLE 18)
PART I. PRELIMINARY PROVISIONS.
CHAPTER 5. GENERAL PRINCIPLES OF JUSTIFICATION
§ 505. Use of force in self-protection.

(a) Use of force justifiable for protection of the person.--The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.

(b) Limitations on justifying necessity for use of force.--

1. The use of force is not justifiable under this section:
1. to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful; or
2. to resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:

(A) the actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest;
(B) the actor has been unlawfully dispossessed of the property and is making a reentry or recaption justified by section 507 of this title (relating to use of force for the protection of property); or
(C) the actor believes that such force is necessary to protect himself against death or serious bodily injury.


2. The use of deadly force is not justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat; nor is it justifiable if:
1. the actor, with the intent of causing death or serious bodily injury, provoked the use of force against himself in the same encounter; or
2. the actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that:

(A) the actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be; and
(B) a public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape is not obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed.


3. Except as required by paragraphs (1) and (2) of this subsection, a person employing protective force may estimate the necessity thereof under the circumstances as he believes them to be when the force is used, without retreating, surrendering possession, doing any other act which he has no legal duty to do or abstaining from any lawful action.

(c) Use of confinement as protective force.--The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he safely can, unless the person confined has been arrested on a charge of crime.


hope this helps!

2007-10-22 16:48:28 · answer #1 · answered by lone_wolf842@sbcglobal.net 2 · 0 0

You can find PA gun regulations on the internet. You can shoot in self defense and not go to jail for murder charges - but this is best if done in public with witnesses or on your own property with an intruder. A shooting is never self-defense if you shoot someone in the back. Self defense involves someone threatening you with a weapon and not a fist. In PA, you have a duty to retreat first - meaning if you can get away/ run away safely then you have to do this before you fire your weapon. Alcohol is a factor because it can affect your ability to determine whether or not you truly are in danger and must defend yourself. Pulling your weapon is a better bet than discharging it - but you could be asking for trouble. The classic rule is not to retrieve your weapon unless you plan on actually using it.

2007-10-22 16:23:38 · answer #2 · answered by Dina K 5 · 0 0

I don't believe you have a CCW permit! What you asked is covered in any class required to get the permit. Basically to use deadly force life must be in eminent danger. Again, if you really had a CCW you would have to know this to get a permit.

2007-10-22 16:23:42 · answer #3 · answered by David M 3 · 0 0

Check the link...it's a start.
In regards to all of your 'what if' circumstances...
get trained on proper procedure and practice with what you carry: life isn't long enough to answer these questions and all of their variations.

2007-10-22 16:44:59 · answer #4 · answered by sirbobby98121 7 · 0 0

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