close

Privacy guaranteed - Your email is not shared with anyone.

Bob McDonnell and the Castle Doctrine...

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

  1. Dan

    Dan

    Joined:
    Oct 10, 2001
    Messages:
    1,174
    Likes Received:
    11
    Location:
    Moonshine Capital, VA
    Has he said anything about signing it if he's elected?
     
  2. Olivers_AR

    Olivers_AR

    Joined:
    Dec 27, 2007
    Messages:
    714
    Likes Received:
    0
    Location:
    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

    Joined:
    Feb 13, 2008
    Messages:
    123
    Likes Received:
    0
    Location:
    Winchester, VA
  4. user

    user VaLegalDefense

    Joined:
    Feb 15, 2008
    Messages:
    1,241
    Likes Received:
    0
    Location:
    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.