Kasunic lauds enactment of ‘Castle Doctrine’ bill
State Sen. Richard A. Kasunic lauded enactment of the so-called “Castle Doctrine” bill that was signed into law Tuesday.
?The legislation, House Bill 40, gives the people the right to use force to protect themselves while on their property but outside their home.
Kasunic, D-Dunbar, said the law will provide an additional layer of protection for law abiding citizens by shielding them from wrongful and overzealous prosecution.
“One’s life and safety is more important than adhering to some vague and chancy legal retreat standard,” he said, noting that House Bill 40 expands the provision of state law that protects the right of homeowners to use deadly force against intruders in their home and property.
Under the old law, homeowners could use deadly force to defend themselves against an intruder while inside their house, such as in their living room, dining room, den, kitchen or basement.
In other areas of their property, such as a garage, porch, driveway, yard or vehicle, the homeowner had to first attempt to retreat from the intruder before legally using their weapon to protect themselves.
Kasunic said the new law removes the “retreat provision” and protects people from being prosecuted in many home defense scenarios that result in injury or death. He said it also strengthens presumptions on having a reasonable belief to use deadly force.
“Expanding the Castle Doctrine favors law abiding citizens over robbers, muggers, rapists and murderers. I’ll choose that side every time,” Kasunic said, following Gov. Tom Corbett’s signing of the bill.
In addition, Kasunic said House Bill 40 should also help prevent unjustified lawsuits from occurring.
“This new law should also help deter prosecutors from prosecuting or suing law-abiding people who justifiably used deadly force to defend themselves,” he said.
The bill signing ceremony took place in the governor’s reception room in Harrisburg.