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Bob McDonnell and the Castle Doctrine...

Discussion in 'Glockers of the Old Dominion' started by Dan, Aug 12, 2009.

  1. Has he said anything about signing it if he's elected?
  2. Olivers_AR


    Dec 27, 2007
    Dulles, VA
    It would be an interesting discussion, it still would need to go thru the VA House and Senate and presented for the Governor to sign. Most of VA law is based on case law, so would be an interesting first trial.

    Disclaimer: Don't even play a lawyer on TV.

  3. STP

    STP Gun Nut

    Feb 13, 2008
    Winchester, VA
  4. user

    user VaLegalDefense

    Feb 15, 2008
    Va. and West Va.
    The Supreme Court's recent dicta on "the castle doctrine" only noted that no statute had been passed in Virginia specifically creating such a doctrine. That doesn't mean the law doesn't exist. In fact, the Code states that the Common Law of England, as it existed in the third year of the reign of James I (i.e. 1607, the founding of Jamestown), is the law of Virginia, as are all royal writs, decrees, and acts of Parliament, to the extent these are not repugnant to the Constitution and laws of the Commonwealth.

    The last case to decide the issue of the Castle Doctrine occurred in 1603 or '04. That is the law of Virginia unless overturned by statute.