Pennsylvania Considers the Castle Doctrine

The Pennsylvania House of Representatives is considering the adoption of the “Castle Doctrine,” which gives citizens the right to use deadly force against an attacker, if reasonably necessary, to defend themselves wherever a citizen has a right to be.

Pennsylvania House Bill 40 would clarify the state's existing self-defense law by clearly adopting the standard derived from English Common Law that regards a man's home as his castle. The Castle Doctrine includes the abolition of the “duty to retreat” currently in Pennsylvania law, which would guarantee citizens the right to “stand their ground.”

Current Pennsylvania law forces citizens to prove that that the use of a deadly weapon in self-defense -- even only brandishing a firearm -- was justified. Citizens who defend themselves justifiably are often arrested, especially in Philadelphia County. Indeed, justice is unequal in Pennsylvania, as the use of a deadly weapon in self-defense is less prosecuted in many other counties. Under Pennsylvania House Bill 40, the burden will be on the prosecution to prove that the use of deadly force was not reasonable.

House Bill 40 would also provide citizens with immunity from lawsuits brought by criminals against citizens who use deadly weapons to defend themselves.

The adoption of the Castle Doctrine would safeguard citizens better than current Pennsylvania law by removing any fear of prosecution or litigation for justifiably defending themselves, which also would thereby better deter crime. Pennsylvania law should guarantee the rights of citizens to use deadly force to defend themselves and their property reasonably, which is why Pennsylvania House Bill 40 must pass.