Posted on 01/19/2012 7:09:07 AM PST by marktwain
RICHMOND – Del. Dickie Bell, (R-Staunton), is sponsoring two bills that would empower Virginians to use lethal force against an intruder in their home.
House Bill 47 would grant civil immunity to anyone who injures or kills someone while defending their home from another person who has posed a threat of injury to the other or has entered the home unlawfully.
House Bill 48 would enshrine in Virginia law the “Castle Doctrine” that about 30 other states have. The bill would allow the use of physical or deadly force in someone’s home if an intruder has committed an “overt act against him.”
Both bills have been referred to a subcommittee of the House Courts of Justice Committee. HB 48 is scheduled for consideration by the subcommittee on Jan. 23.
Andy Goddard, director of the Virginia Center for Public Safety, said bills like Bell’s are attempting to fix a problem that doesn’t exist.
“Nobody is finding themselves at the wrong end of the law. ... Nobody is being prosecuted for defending their home,” said Goddard, father of a victim of the 2007 Virginia Tech shooting.
Both bills grant an across-the-board exemption and, according to Goddard, leave too much room for potential misuse of the law.
“What about a messy divorce? One partner invites the other over to pick up something, shoots them and then says, ‘Well, we had a messy divorce, he or she started shouting and threatening, I was afraid and I shot.’ You get away with murder,” Goddard said.
The Virginia Citizens Defense League, which supports Second Amendment rights, has chosen to stay neutral on both bills. Instead, the group has asked that a state commission conduct a study before such legislation is passed.
“We think that probably that should be a more comprehensive bill,” VCDL president Philip Van Cleave said Monday at the organization’s lobby day at the state Capitol.
“Right now, Virginia law is extremely good, and we’re concerned that if it’s not done right, it can actually make it worse.”
With Republicans controlling both the House and Senate, this could be an important year for gun rights supporters.
“I think it is more in our favor than it has been in the past three or four years,” Van Cleave said. “I’m optimistic that some of the bills that have died before will probably make it this time.”
So far, legislators have introduced 36 bills that would affect state gun policy. Six of them were drafted by the VCDL.
“This is where the rubber meets the road,” U.S. Senate candidate Jamie Radtke said at VCDL’s lobby day.
“Republicans say they’re conservative and say they’re for the Second Amendment. It’s easy to say that when you know things are going to get killed in committee and you’re not going to have to deal with the issues.”
The true test comes now that Republicans are in charge of the General Assembly, said Radtke, a leader in Virginia’s tea party movement. “We’ll see if they’re going to vote the way they say they believe.”
I totally agree.
BTW, VA also has a superb Second Amendment Sister state coordinator, too.
“Right now, Virginia law is extremely good, and we’re concerned that if it’s not done right, it can actually make it worse.”
Mr. Van Cleave is 100% correct. While Virginia does not have a "Castle Doctrine Law", per-se, the Commonwealth also has no history of prosecuting, or attempting to prosecute, those who have justly defended themselves, their loved ones and/or their property from criminals. It would be a shame for us to screw things up by rushing to jump on the "Castle Doctrine" bandwagon just because it happens to be in the neighborhood.
Colorado passed their “Make My Day Law” 20+ years ago. So far, no mass murder is happening in homes.
I’m actually surprised that my beloved Commonwealth doesn’t have a formal castle doctrine law. Growing up in rural Amherst County, it was just assumed. If somebody tried to break into a house, if the ever-present dogs didn’t get them, the homeowner would. And fortunately, most Commonwealth’s Attorneys have enough brains not to prosecute home defense, although I wouldn’t trust ones in liberal counties like Arlington or Albemarle.
}:-)4
Current good sale on 308 ammo. http://www.natchezss.com/
I don’t think the Buffalo Bills have that good of a defense.
Information from NRA/ILA on this topic:
“Castle Doctrine” establishes the presumption that an individual who forcibly enters one’s home, business or occupied motor vehicle is there to cause death or great bodily harm, and allows force, including deadly force, against that person. This legislation would guarantee a right thirty states have already recognized and one that needs to be realized in Virginia.
House Bill 14, sponsored by Delegate Greg Habeeb (R-8), would provide civil immunity to an occupant of a dwelling who uses any degree of physical force to defend the dwelling or another person in the dwelling.
House Bill 47, sponsored by Delegate Dickie Bell (R-20), would provide similar protections as HB 14.
House Bill 48, also sponsored by Delegate Dickie Bell (R-20), seeks to codify the “Castle Doctrine” by providing both criminal and civil liability immunity to someone who uses any degree of physical force against another person when the other person has unlawfully entered the dwelling and committed an overt act.
House Bill 925, introduced by Delegate Scott Lingamfelter (R-31), would codify a version of “Castle Doctrine” to allow the use of physical force, including deadly force, by a person in his dwelling against an intruder who has committed an overt act against him or another person in the dwelling.
“What about a messy divorce? One partner invites the other over to pick up something, shoots them and then says, ‘Well, we had a messy divorce, he or she started shouting and threatening, I was afraid and I shot.’ You get away with murder,” Goddard said.
Sound like the "Wild West" and "Roadrage" arguments against CCW. These antis always come up with a lot of lameazz "What ifs?".
What is current law? Glare at intruder in hostile manner until the leave?y
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