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THE LAW GOVERNING THE USE OF DEADLY FORCE IN PENNSYLVANIA

THE LAW GOVERNING THE USE OF DEADLY FORCE IN PENNSYLVANIA
1 DAY COURSE

If you think it’s as simple as “I was in fear for my life,” then you do not know what’s involved. Legal justification for the use of deadly force is a very complicated, technical and often confusing subject. Being in fear for one’s life or the life of another is an important aspect of the defense of justification (“self-defense”), but it is far from the whole story.  Being wrong can ruin your life and the lives of your family members.

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There are many considerations, starting with how one found himself in a position where he felt compelled to use deadly force in the first place.  Circumstances might change between the time a problem first arose and the time it became apparent deadly force was warranted, and one might disqualify himself from asserting the defense even before things get serious.  One is not likely to be aware of even half of the circumstances surrounding a sudden emergency, and must be ready to make sound decisions based upon incomplete information. There are also many practical considerations regarding how one might best equip himself, train, and comport himself after a lethal encounter. There are also legal issues pertaining to the use of deadly force on animals.

 

The Pennsylvania Firearms Development Corporation (PFDC) is presenting a six-hour course of instruction, written by a practicing attorney, a firearms instructor and a martial artist. The course is designed for lay people who possess weapons (not limited to firearms), or study a martial art, in contemplation of possibly having to use deadly force to defend against a potentially lethal threat. The course will cover how to comply with the law before, during and after an encounter involving the application of deadly force (whether a death results or not). The focus will be upon statutes, how they are likely to be interpreted, actual case law, and practical advice on how to conduct oneself to stay out of trouble. 

Specific topics addressed will include: 

  • Distinguishing “reasonable force” and “deadly force”

  • The history of the legal defense of justification, and how it relates to “self-defense.”

  • Statutory codification of deadly force principles in Pennsylvania.

  • The “Castle Doctrine,” and how the 2011 changes in the law are working out.

  • Consequences of being wrong (civil and criminal exposure).

  • Consequences of being right (proving your case and avoid “talking your way into jail”).

  • Circumstances affecting the lawfulness of a use of deadly force:

    • Protection of self Protection of others

    • Protection of property

    • Provocation, escalation and your responsibility for a confrontation

    • Use of force to make or resist an arrest

    • Use of force to maintain order by those charged with care of others

    • The duty to retreat

    • Confinement as “deadly force”

    • Duty to render aid following the use of deadly force

  • Your obligations in dealing with the police following an incident

  • “Prohibited” weapons and your liability for possessing them

  • Using deadly force against animals (excluding hunting and the Game Code)

This course is sponsored as a public service by the Firearms Instruction Research & Education (FIRE) Institute, a Pennsylvania nonprofit corporation.

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 “HAVING A GUN AND THINKING YOU ARE ARMED IS LIKE BUYING A PIANO AND THINKING YOU ARE A MUSICIAN”

Col. Jeff Cooper  (U.S.M.C. Ret.) 

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