View Full Version : The Castle Law?
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.
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.
Here's the link to the general assembly info on the bill. You can read the summary or down load the entire bill.
If you want to write your senator, use the VCDL automated response form:
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.
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.
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