The bill expands what's called the Castle Doctrine - the idea that a man's home is his castle and can be defended by any means necessary, up to and including lethal force. (In the 21st century, add "woman" to that description. The Castle Doctrine also applies to businesses.)
HB40 says that a citizen confronted by an attacker and fearing serious bodily harm, death, kidnapping or rape can draw and blast away without fear of prosecution. This is known as the Stand Your Ground Doctrine. Current law requires the victim to first attempt to safely retreat before shooting.
Realistically, it's rare for a district attorney to prosecute an honest citizen even without HB40.
This presents two questions:
1. Why is the law needed, if the above is true?
2. If the above is true, why not make it law?
Here's why not, according to anti-gun advocate Bryan Miller, co-founder of Heeding God's Call, and scheduled to testify today.
It's an unwelcome expansion of the Castle Doctrine, he says, "to everywhere - to churches, schools, malls, everywhere, so that someone can claim they were threatened and use lethal force against the person who they claim [threatened them.]
"Our name for it is Judge, Jury and Executioner," he says. Other critics have called it "Shoot now, ask questions later."
The right of self-protection already exists, Miller says, but he sees it as limited.
"Walking on a street or going through a shopping mall," he says, "we are protected by law and by law-enforcement officers," and that's preferable to giving lethal force to individuals.
The other side is expressed by Rep. Daryl Metcalfe, a co-sponsor of the bill who hails from Butler County, about 20 miles north of Pittsburgh.
He sees HB40 as merely reinstating "the common-sense right of a citizen" to defend himself against a threat to his life, kidnapping or rape without fear of being prosecuted or sued.
