Brandishing ok in this situation? [Archive] - Glock Talk

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zoanemesis
03-08-2011, 02:16
Okay so I live in Pa where we have castle doctrine law and I was in a bad situation the other night. I was at my gfs uncles house where I was given permission to throw a party and I was authorized to be in charge of the house. So because of a misunderstanding some girls boyfriend came at me and wanted to fight me. Now me being the unconfrontational one as I am I backed away as much as I could and eventually backed into a corner. I asked him and his girl to leave several times but they wouldnt and I wasnt able to call the cops. His friends were trying to restrain him but he almost got away. At one point he became unrestrained and started coming toward me. I was unarmed because I knew it was a party with friends and didnt feel the need to have my G23 on me. Luckily his friends got him and calmed him down and everything got sorted out. My question is since I was unable to retreat any further plus I was in a home I was authorized to be in would I be justified in putting him at gun point if I had my glock on me? Also would I be justified in shooting under Castle doctrine Law?

Mas Ayoob
03-08-2011, 06:17
Glad you didn't have the gun, bro.

1. You didn't mention any great size or strength, known or obviously inferable high skill in unarmed combat, or anything else on the part of the other man that would create disparity of force, i.e., a likelihood as seen by the reasonable person standard that his unarmed attack on you would result in death or great bodily harm to you.

2. Anyone relying on Castle Doctrine needs to read the fine print. As an invited guest, the other guy had a right to be there too. The point at which he was ordered to leave and his presence constituted trespass after warning would be a relatively nebulous one, something even judges and juries don't find easy to sort out.

3. He was being restrained by friends, and when he broke loose was restrained again. Most would not see you in deadly danger in that situation.

4. A "party" begs the question of how much alcohol was ingested by whom; no room to go there but concerns are obvious.

5. Speaking as a deadly force instructor, I don't see any point here where shooting the assailant would have been justified in the specific circumstances you portray, nor even taking him at gunpoint.

6. Use of force training recommended.

best,
Mas

zoanemesis
03-09-2011, 08:36
I kinda figured it wouldn't be appropriate to use or even pull out a gun but I figured I would ask to make sure I understand everything correctly regarding castle law. Thanks for helpful advice.