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For Immediate
Release
6/20/11
Senate Sends Castle Doctrine
Legislation to Governor's Desk
HARRISBURG – The Senate passed legislation today championed by Sen. Richard
Alloway II (R-33) to expand the Castle Doctrine in Pennsylvania, sending the
bill to the governor's desk to be signed into law.
House Bill 40 would protect gun owners who act in self-defense by removing
the "duty to retreat" clause when an individual is threatened by an attacker in
any place that individual has a right to be, including the individual's home or
vehicle. The bill would provide important protections against criminal
prosecution or civil litigation for those who act in self-defense.
"Law-abiding gun owners should not have to fear prosecution for acting to
prevent a violent crime," said Alloway, who introduced Castle Doctrine
legislation that was approved by the Senate in March. "I am thankful that the
General Assembly has taken action to protect responsible gun owners who respond
when facing a serious threat from a criminal."
The General Assembly passed legislation expanding the Castle Doctrine in 2010
by an overwhelming margin, but then-Governor Rendell vetoed the bill. Governor
Tom Corbett has voiced support for expanding the Castle Doctrine to protect
law-abiding gun owners.
Under House Bill 40, an individual would need to demonstrate a reasonable
belief that he or she was in imminent danger in order to use lethal force. The
legislation was amended to ensure that the Castle Doctrine applies only to
individuals who legally possess a firearm, and the legal protection for gun
owners does not apply if used against a peace officer.
The bill also includes tougher penalties for individuals involved in
trafficking stolen firearms.
Contact:
Sally Kohr
(717) 787-4651
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