Greg Newton
01-29-2012, 07:40 AM
This was an interesting article G.B. sent me from www.readingeagle.com (http://www.readingeagle.com) For too long victims in America have been stripped of their right to defend themselves from predators. This article is fairly balanced on the pros and cons of self-defense.
Pennsylvania's recently expanded use-of-force law helps ensure that victims of violence can protect themselves, supporters say.
But law enforcement officials warn gun owners that while legitimate self-defense is legal, deadly force should be used only as a last resort.
Officials determined that was the case Wednesday when a 65-year-old Reading man shot two teens - one fatally - when they tried to rob him along the Thun Trail in Cumru Township. The man will not be charged, authorities said.
The state law known as the Castle Doctrine was updated last spring to include what attorneys call a "stand your ground doctrine."
Now even those outside their home, car or workplace can use deadly force without first trying to retreat if they meet certain criteria.
If someone is facing serious attack with a deadly weapon and has a permitted gun, they are allowed to shoot, Berks County District Attorney John T. Adams said Thursday.
The shooting also is allowable if retreat is not an option and they are in danger of being killed or badly hurt, even if the attacker does not have a weapon, he said.
"It (using deadly force) is the last thing you want to do, but it is necessary in certain situations," he said.
Those who carry guns should make sure they understand the law, said Reading defense attorney James M. Polyak.
"It's tricky business," he said. "Reasonable use of deadly force might be an entirely different concept for one person than it is for another."
Anyone using a gun in self-defense also needs to be careful of the potential for collateral damage, police said.
They should aim carefully, since a stray bullet could hurt or kill an innocent bystander and result in the shooter being charged, said Sgt. Anthony Manetta, a state police spokesman.
"We're trained to survey the scene before we shoot, but most people aren't," he said.
After the shooting, the person who fired the gun should immediately call 9-1-1 to report the details, he said.
They should put the gun down nearby before police arrive, be careful not to disturb the scene and explain to investigators all important details, such as where they were standing and who they shot at, he said.
State Rep. David M. Maloney, a Pike Township Republican who supported the expanded law, said he wanted to ensure victims weren't prosecuted or sued for saving themselves.
"There is no worse situation than to feel helpless and under attack," he said. "Why shouldn't you have the right to defend yourself?"
Maloney said he has often ridden his bicycle on the section of the trail where the man shot the teens and hates to think of an innocent person being assaulted there.
"That section is out of the way, and the perpetrators knew that and took advantage of it," he said. "It was a very dangerous situation."
Max Nacheman, director of CeaseFirePA, said there was no need to update the Castle Doctrine because the law always protected those who used guns to legitimately defend themselves.
"That was never in question," he said.
The new law was pushed by firearm lobbyists trying to spread fear and increase gun sales, he said.
Nacheman wasn't critical of Wednesday's fatal Thun Trail shooting, but said the new law goes too far.
"People should be trying to preserve life, and should only be using guns if they need to," he said. "The change gave too much leeway to those carrying guns."
Pennsylvania's recently expanded use-of-force law helps ensure that victims of violence can protect themselves, supporters say.
But law enforcement officials warn gun owners that while legitimate self-defense is legal, deadly force should be used only as a last resort.
Officials determined that was the case Wednesday when a 65-year-old Reading man shot two teens - one fatally - when they tried to rob him along the Thun Trail in Cumru Township. The man will not be charged, authorities said.
The state law known as the Castle Doctrine was updated last spring to include what attorneys call a "stand your ground doctrine."
Now even those outside their home, car or workplace can use deadly force without first trying to retreat if they meet certain criteria.
If someone is facing serious attack with a deadly weapon and has a permitted gun, they are allowed to shoot, Berks County District Attorney John T. Adams said Thursday.
The shooting also is allowable if retreat is not an option and they are in danger of being killed or badly hurt, even if the attacker does not have a weapon, he said.
"It (using deadly force) is the last thing you want to do, but it is necessary in certain situations," he said.
Those who carry guns should make sure they understand the law, said Reading defense attorney James M. Polyak.
"It's tricky business," he said. "Reasonable use of deadly force might be an entirely different concept for one person than it is for another."
Anyone using a gun in self-defense also needs to be careful of the potential for collateral damage, police said.
They should aim carefully, since a stray bullet could hurt or kill an innocent bystander and result in the shooter being charged, said Sgt. Anthony Manetta, a state police spokesman.
"We're trained to survey the scene before we shoot, but most people aren't," he said.
After the shooting, the person who fired the gun should immediately call 9-1-1 to report the details, he said.
They should put the gun down nearby before police arrive, be careful not to disturb the scene and explain to investigators all important details, such as where they were standing and who they shot at, he said.
State Rep. David M. Maloney, a Pike Township Republican who supported the expanded law, said he wanted to ensure victims weren't prosecuted or sued for saving themselves.
"There is no worse situation than to feel helpless and under attack," he said. "Why shouldn't you have the right to defend yourself?"
Maloney said he has often ridden his bicycle on the section of the trail where the man shot the teens and hates to think of an innocent person being assaulted there.
"That section is out of the way, and the perpetrators knew that and took advantage of it," he said. "It was a very dangerous situation."
Max Nacheman, director of CeaseFirePA, said there was no need to update the Castle Doctrine because the law always protected those who used guns to legitimately defend themselves.
"That was never in question," he said.
The new law was pushed by firearm lobbyists trying to spread fear and increase gun sales, he said.
Nacheman wasn't critical of Wednesday's fatal Thun Trail shooting, but said the new law goes too far.
"People should be trying to preserve life, and should only be using guns if they need to," he said. "The change gave too much leeway to those carrying guns."