Should a PA homeowner be “obligated to retreat if confronted by an attacker”? State Rep. Paul Clymer says, No.


Opponents target gun legislation       

By: CHRISTOPHER RUVO / www.phillyburbs.com

Bucks County Courier Times

The measure would allow citizens to stand their ground and use deadly force to fend off an attacker. Opponents call it shoot first legislation.

Supporters of a state house bill say it will empower citizens to protect themselves and restore the basic right of self-defense. But opponents say the bill will increase gun violence, endanger police officers and make criminals harder to convict.

Sometimes called the “Stand Your Ground” bill by proponents and “Shoot First” legislation by detractors, House Bill 40 allows Pennsylvanians to use force – including deadly force – to fend off an attacker they believe intends to kill, rape, kidnap or cause them or another serious harm.

Currently people are obligated to retreat if confronted by an attacker, but the proposed bill eliminates that obligation and says citizens can battle the assailant anywhere they may be attacked, be it in their home, a parking garage, the street, etc.

The bill provides legal protection and civil immunity to people who use authorized force to defend themselves, as long as the person had a legal right to be in the area where they were attacked and as long the potential victim was not committing a crime.

“No person should be required to needlessly retreat in the face of intrusion or attack from a place where he has the right to be,” said state Rep. Matthew E. Baker (R-Potter/Tioga/Bradford counties), a co-sponsor on the bill. “The legislation+gives notice to repeat violent criminals that crime will no longer be tolerated by citizens who refuse to become their victims.”

State Rep. Paul Clymer, a Republican who represents much of Upper Bucks County, said he supports the concepts of the bill because everyday citizens should be able to defend themselves properly in a society that has grown increasingly violent.

“We now live in a culture that says it’s all right to do harm to innocent people,” said Clymer. “Individuals need protection from those who would do them harm.”

The bill has garnered support from Second Amendment advocates, including the National Rifle Association and the Pennsylvania Firearms Owners Association.

Still, the Pennsylvania State Police, Pennsylvania Police Chiefs Association, CeaseFirePA and the Pennsylvania District Attorneys Association oppose the bill.

While the bill prohibits citizens from using force against police officers acting in their official capacity on authorized duty, police worry the bill will make people more trigger happy, putting officers in greater danger when responding to calls.

“The danger is this is taking away from people the obligation to make even a momentary evaluation of the situation before deciding to use deadly force,” said Doylestown Township Police Chief Stephen J. White.

[Snip]

Lower Southampton Police Chief William Wiegman said the bill gives people untrained in making threat assessments the power to kill another person based on what might be a knee-jerk reaction

“Police go through extensive training on threat assessment. Residents don’t have that same training,” said Wiegman.

December 27, 2009 02:02 AM

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