While this also helps prevent the Courts from finding their own definition of a vehicle, as will be shown in the section “The Bad and the Ugly, The Definition of ‘Vehicle’”, this also could result in problems for someone who is “openly” carrying a firearm, while riding a bicycle, as now that would constitute concealed carry. “A conveyance of any kind, whether or not motorized, that is designed to transport people or property.” This further defines a dwelling, so that the Courts are not left to their own devices.Īnother definition that was added was the definition of a “vehicle.” A vehicle is now defined as, ![]() While I believe this language should have been even more broad to include the curtilage, this is definitely a vast improvement, since under the prior law, it could be contended that a porch, deck or patio was not included. One of the first good legal aspects to HB40 was that the definition of a ‘dwelling’ was modified to include an attached porch, deck, or patio. “It is proper for law-abiding people to protect themselves, their families, and others from intruders and attackers without fear of prosecution or civil action for acting in defense of themselves and others.”Īnother interesting finding was that not only residents but also visitors “have a right to remain unmolested within their homes or vehicles.” Now that the differences have been explained, let’s look at the good aspects to HB40.įirst and foremost, it is important to note what the Congress found in enacting HB40: There are, however, a number of different Stand Your Ground Doctrine variations on the use of force in particular circumstances for instance, whether or not deadly force can be used against a fleeing thief, who is in posession of your TV. Furthermore, under the previous laws, an individual did have a duty to retreat, if he/she could do such safely, when outside one’s home.Ī Stand Your Ground Doctrine, on the other hand, provides that the individual does not have a duty to retreat, including in public. Pennsylvania’s law prior to enacting HB40 provided that one could use deadly force in one’s home without a duty to retreat, but there did need to be a threat of death or serious bodily injury. ![]() ![]() First, it is important to understand that a Castle Doctrine refers to the ability of one to defend his home.
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