Firerarms and Self-Defense

[december]

Hi, I hope this is the right forum. I was wondering about self-defense laws in Pennsylvania, especially regarding the use of firearms.

I've looked at several websites that detail the supposed laws, but every one of them includes a disclaimer that states something to the effect of "these laws may not be accurate or current." So I wanted actual human advice.

Now, I know the basics. If someone is charging toward you holding a baseball bat and yelling that they're going to kill you, yeah, obviously it's ok to use a gun (...or is it?).

What I'm asking about is situations where the law isn't the same as plain common sense.

For example, is it legal to produce a firearm in a confrontation if, say, someone on the street attempts to rob you at knife (or even gun) point? Does the person have a legal duty to hand over their money instead of using the threat of deadly force against the mugger? Or is it legal to pull a gun? Some websites imply a responsibility on the part of the person carrying the gun to hand over whatever the mugger wants.

Another hypothetical: What if a neighbor or some such is quite obviously beating up his wife? Is it legal for a civilian to stop the altercation simply by showing the guy that he's holding a gun? Or would you end up being charged with "brandishing a firearm" or some nonsense?

My question relates only to a person who owns and carries a firearm legally.

 

[FlyingRon]

Those other sites are humans too, and you'll get the disclaimers here.

The statutes are 18.501-510 of the PA Consolidated statues.

We don't do hypotheticals.

The statute says pretty much threat of death, serious injury, kidnapping or rape that you couldn't just retreat to. Provided the person attacking doesn't have any claim of ownership (i.e., he's after his own property), force is justified in response. Frankly if you brandish a weapon, I would suggest you be covered by the appropriate response statutes even if you don't actually intend to use the force.

 

[december]

Those other sites are humans too, and you'll get the disclaimers here.

The statutes are 18.501-510 of the PA Consolidated statues.

We don't do hypotheticals.

The statute says pretty much threat of death, serious injury, kidnapping or rape that you couldn't just retreat to. Provided the person attacking doesn't have any claim of ownership (i.e., he's after his own property), force is justified in response. Frankly if you brandish a weapon, I would suggest you be covered by the appropriate response statutes even if you don't actually intend to use the force.

Thanks for your reply. I pretty much know when actual force is ok. What I'm wondering about is the threat of force. Is there a legal difference between holding a gun visibly at your side, and actually pointing it at someone?

 

[FlyingRon]

Thanks for your reply. I pretty much know when actual force is ok. What I'm wondering about is the threat of force. Is there a legal difference between holding a gun visibly at your side, and actually pointing it at someone?

Saying you'll use the gun or pointing it at someone is assault. I would not do that unless you are prepared to exercise one of the statutory defenses.

 

[december]

OK, and thanks again.