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FOR IMMEDIATE RELEASE |
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State Rep.
Thomas Caltagirone |
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House Judiciary Committee hears testimony on expansion of the Castle Doctrine
HARRISBURG, Nov. 19 – House Judiciary Committee Chairman Tom Caltagirone today held a public hearing on legislation known as the Castle Doctrine, which would protect people who use a gun for self-defense in their home or car.
Caltagirone said that while there is currently a Castle Doctrine on the books in Pennsylvania, the legislation (H.B. 40) would make a significant change to that law by removing a person's duty to retreat or find a safe place from danger before resorting to protective or deadly force. He said the language of the bill instead would grant a person the right to stand their ground when being threatened, provided they did not provoke the perpetrator. The bill would also extend the Castle Doctrine defense to persons being threatened on their porch, deck or patio, but it could not be used in resisting officers of the law.
The bill would also grant immunity in civil cases where a person can justify the need to protect themselves against a perpetrator threatening them with death, serious bodily injury, kidnapping or rape.
Testimony was heard from representatives of CeaseFire PA, a nonprofit group that seeks to reduce gun violence; the National Rifle Association; the Pennsylvania District Attorneys Association; and the Pennsylvania Firearms Owners Association. They all agreed the Second Amendment needed to be upheld, but produced varying points of view on the legislation.
CeaseFire PA Executive Director Joe Grace said his group does not support the bill and argued that the legislation perpetuates a shooting culture in Pennsylvania. He said removing the duty to retreat would make it difficult for police and prosecutors to do their jobs and justify shootings associated with road rage or gang violence. The group instead favors legislation that provides for more strict guidelines for reporting lost and stolen guns that are commonly used to commit violent crimes because their origin is difficult to trace.
On the contrary, Pennsylvania liaison for the NRA John Hohenwarter said the NRA supports the bill, stating that the bill's intent is to address self-defense, not criminal violence. The group maintains that a person's right to protect themselves is not the responsibility of law enforcement. He referred to statistics from the Department of Justice that it can take between five minutes and one hour, often too late, before officers respond to an emergency. He said the stand-your-ground language in the bill is crucial because it can be extremely dangerous to turn one's back on a violent criminal.
PDAA President Ed Marsico said the association does not support the legislation because it is too vague. He expressed concern that if enacted, the bill would exacerbate problems with gun violence. He also said he did not know of any widespread problems with the Castle Doctrine as it currently stands.
"The hearing provided a forum for the committee to hear from the law enforcement and interest groups whose missions are at opposite ends of the spectrum on this issue," Caltagirone said. "While I am a member of the NRA who believes in the right to bear arms, I agreed to some extent with many of the arguments made today. I am just pleased that our committee, no matter their personal beliefs, recognized the importance of this issue and welcomed the opportunity to learn more about this bill."
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