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The Castle Law?

Discussion in 'Glockers of the Old Dominion' started by MADISON, Feb 12, 2007.

  1. MADISON

    MADISON Millennium Member

    634
    0
    Apr 6, 1999
    Roanoke, Virginia
    A few days ago TV Channel 10 [WSLS] said the LEGISLATURE had passed the CASTLE Law. No where can I find any reference to it's passage. There is reference to the House passing it. Information/truth please.
    MADISON
     
  2. The VA House of Delagates passed HP 1626 Del Janis' and Del Cole's Castle Doctrine bill. It still has to survive the State Senate. VCDL is wanting everyone to contact their State Senator to support the legislation. If it clears the Senate and then the Governor's signature, it will become law. I'll bet we'll hear about it then.
     

  3. MADISON

    MADISON Millennium Member

    634
    0
    Apr 6, 1999
    Roanoke, Virginia
    But Henry County prosecutor Bob Bushnell, speaking for the Virginia Commonwealth's Attorneys Association, said the legislation would shield someone who opens fire on a mentally ill person who wanders into his home.

    It also would provide immunity to a drug dealer who shoots a police officer who enters a home unlawfully because he didn't notice that a magistrate forgot to sign a search warrant, Bushnell said.

    "It could cut off the true victim of a crime shot down by a mean-spirited homeowner taking advantage of this," Bushnell said
    Once again "might happen", "could happen", etc takes
    precedent over the safety of a home owner and his loved
    ones when intruded upon...Bad guys win again.
    __________________
     
  4. dbrowne1

    dbrowne1 Senior Member

    749
    0
    Jan 7, 2000
    Virginia
    I'm going to say this for about the 200th time - this measure does not substantively change current Virginia law (common law) on the issue, and could implicitly undercut the strong common law on defense outside the home by creating a false dichotomy within the Code that gives apparently "more" protection to use of force inside one's home. As it stands now, there is essentially no difference between self-defense inside and outside the home in VA, and citizens in VA have no duty to retreat anywhere if they had no part in causing the altercation.

    Maybe this measure would be useful for an individual charged in an unfriendly area like NOVA, where pointing to a simple Code section could help, but otherwise I see no need for it and plenty of pitfalls.