View Full Version : Bob McDonnell and the Castle Doctrine...
Has he said anything about signing it if he's elected?
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.
I posted a similar thread a while back.....
More info for you.
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.
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