Senator Richard Alloway

Chair
Game and Fisheries Committee

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October 22, 2010
Contact: Sally Kohr
(717) 787-4651

News from the General Assembly
by Senator Richard Alloway II
 

Many gun owners possess a firearm as a means of self-defense to protect against intruders in their home. Gun owners should have the right to protect their lives and property when threatened by a criminal, and the General Assembly is taking important steps to protect law-abiding gun owners who act in self-defense in their home or vehicle. 

The Senate approved legislation recently that would expand the Castle Doctrine in Pennsylvania to protect gun owners who act in self-defense. I authored an amendment to House Bill 1926 that would extend this important protection to gun owners. My amendment, which received broad bipartisan support, includes similar language to Castle Doctrine legislation I introduced earlier this year. 

The Castle Doctrine is derived from the English Common Law premise that a person's home is their castle and an individual should have the right to defend themselves from violent attacks in their own home. As amended by the Senate, House Bill 1926 would remove the "duty to retreat" clause when an individual is threatened by an attacker in any place that individual has a right to be, including the individual's home or vehicle. 

The legislation would apply only in those cases where a criminal has made a forcible entry into an individual's home or vehicle or is attempting to do so. The individual must also have reason to believe that the intruder wishes to do serious bodily harm to the individual or other occupants or commit other felonies, such as burglary, theft or assault.  

The bill would provide important protections against criminal prosecution or civil litigation for those who act in self-defense. Thirty-one states offer some form of protection for gun owners who act in defense of life and property, and I am hopeful that Pennsylvania will follow suit in establishing a firm law protecting responsible gun owners. 

Our Second Amendment rights are among the most important rights granted to citizens in the U.S. Constitution. Passage of this legislation is a victory for all individuals who own a firearm as a means of self-defense. House Bill 1926 enjoyed broad bipartisan support in the Senate, and I am grateful that my legislative colleagues have joined me in taking action to protect law-abiding gun owners who act in self-defense.
 


Senator Alloway represents the 33rd Senatorial District, which includes all of Adams and Franklin Counties and parts of York County. More information on these and other state issues is available online at senatoralloway.com.

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