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Day Votes to Protect Second Amendment with Castle Doctrine
10/5/2010

HARRISBURG – In his efforts to protect the Second Amendment, Rep. Gary Day (R-Berks/Lehigh) stood in support of legislation that would address the use of deadly force in times of self-defense.

 

“Residents should have full protection under the law when it comes to defending themselves, their families and their property from armed intruders in their homes and vehicles,” said Day, a co-sponsor of the bill. “During this day and age, homeowners are reluctant to even consider using deadly force for fear of being criminally prosecuted or sued. The Second Amendment was added to our national and state Constitutions to ensure law-abiding citizens can fully protect themselves.”

 

House Bill 40, also known as the Castle Doctrine, passed the state House today. It is based on a similar bill enacted in Florida that addresses the use of deadly force in defense of self and others within an individual’s residence or occupied vehicle.

 

During second consideration of the legislation on Monday, Day stood in support to second a motion so that the proposal could not be further amended. Sending a clean bill to the Senate helps move along its passage before the end of session.

 

Under the proposal, if an attacker or intruder intends to do great bodily harm to an individual and others inside of their home or occupied vehicle, and force, including deadly force, may be used to protect themselves, their family and others. The legislation would eliminate the duty to retreat before using lethal force inside of a home or occupied vehicle and would require demonstration of reasonable belief that the homeowner was in imminent danger in order to use lethal force.

 

There is a civil immunity safeguard built into the bill that would prevent a law-abiding citizen from being forced into a frivolous lawsuit due to self-defense.

 

Day noted that the proposal does not endorse unlawful aggression. Instead, it provides individuals with the necessary legal protection to respond to unlawful aggression.

 

“This is commonsense legislation that clarifies the intent of the Second Amendment,” Day said. “It is reasonable and responsible that if someone endangers your life and that of your family, you should have the full force of the law on your side.”

 

The bill does contain some exceptions. The presumption does not apply if the person entering the home was another resident, a law enforcement officer or a parent, grandparent or other guardian removing a child from a home or vehicle. In addition, the presumption does not apply if individuals were using the home or vehicle to further criminal activity.

 

The legislation now moves to the state Senate for consideration.

 

Rep. Gary Day

187th District

Pennsylvania House of Representatives

(717) 787-3017

(610) 760-7082

Contact:  Jennifer Algoe Keaton

jkeaton@pahousegop.com

(717) 705-2094

Member Site: RepGaryDay.com

Caucus Site:  PAHouseGOP.com

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