Today, Governor Ed Rendell vetoed a bill overwhelmingly passed by the Pennsylvania House and Senate that would have expanded the right to use deadly force on a person's property. Essentially, that bill would have allowed property owners to use deadly force even when outside their home, or in their vehicle, without being required to retreat. Current law allows the use of deadly force within a person's home when threatened with deadly force, which generally includes the use of such force against an intruder, without having to retreat. What is interesting about this debate is that the law was opposed by the Pennsylvania District Attorney's Association and over 100 police chiefs throughout Pennsylvania. It is usually rare to see lawmakers opposing law enforcement officials so openly. And what is also unusual is that the passage of the law expanding the use of force was endorsed by many criminal defense lawyers! So you have the situation of defense lawyers on the same side as state legislators, who are usually loath to make such alliances, with the lawmakers opposing their more common allies, the police and prosecutors.
This may be a short-lived head scratcher, as the new state legislature is expected to revisit the issue when it convenes in January, and Governor-elect Tom Corbett is on record as being in favor of the legislation. Whether this legislation addresses a real problem, or is a solution in search of a problem, is a question that still remains.
