http://leg1.state.va.us/cgi-bin/legp504 ... 1+sum+HB48
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Click here for details -> why does VCDL need my help? Virginia Castle Doctrine - Attempt to Codify - review now!
40 posts • Page 2 of 2 • 1, 2
Re: Virginia Castle Doctrine - Attempt to Codify - review now!It islisted in the house bill list, submitted on 11 Dec by delegate Richard Bell, to be presented to the house on 20 Jan.
http://leg1.state.va.us/cgi-bin/legp504 ... 1+sum+HB48 [ Post made via Mobile Device ] ![]()
Re: Virginia Castle Doctrine - Attempt to Codify - review now!Glad to see this being presented. I've never bought the "we don't need a castle doctrine law, our present laws cover it" theory.
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Re: Virginia Castle Doctrine - Attempt to Codify - review now!That one doesn't cover much.
(a) What if your wife's boyfriend is standing out in the front yard pumping rounds into your house? He hasn't entered the building. (b) Does it alter or replace the existing law, or just add to it? Doesn't say. (c) How many laymen will know when an entry is "not lawful"? What if your landlord stops by to check on the place and then tries to assault your teen-aged daughter? The ENTRY was lawful, his widow would argue. (d) What does OVERT ACT mean? Was the guy going for a gun in his back pocket, or just scratching his arse? (e) Under what circumstances is your belief that you or another person in the dwelling is in imminent danger of bodily injury "reasonable"? (f) It only protects you from civil liability. What of criminal liability? These days it is not uncommon for the legislature to enact provisions of law without a full appreciation of the implications of the changes. I think this proposed statute is such a provision. "The Bill of Rights is what the people are entitled to against every government, and what no just government should refuse, or rest on inference."
-Thomas Jefferson
Re: Virginia Castle Doctrine - Attempt to Codify - review now!I didn't realize when I posted that there was a preceeding page of posts, or I would simply have opined that User's on the button.
"The Bill of Rights is what the people are entitled to against every government, and what no just government should refuse, or rest on inference."
-Thomas Jefferson
Re: Virginia Castle Doctrine - Attempt to Codify - review now!
So this section would mean to me that I no longer have to be trapped in a corner before I can protect my family and myself. I can Stan My Ground and not be forced to retreat! I Like it! I like it! ![]() "No free man shall ever be debarred the use of arms."
Thomas Jefferson
Re: Virginia Castle Doctrine - Attempt to Codify - review now!
Exactly. No more hiding in the closet while my home is pillaged. [ Post made via Mobile Device ] ![]()
Re: Virginia Castle Doctrine - Attempt to Codify - review now!
How would that work with the new Army...er... no knock SWAT raids? So rattle my bones all over the stones, I'm only a beggar-man whom nobody owns. Oh, see how words as old as sin, fit me like a glove.
I'm here and here I'll stay.
Re: Virginia Castle Doctrine - Attempt to Codify - review now!
Looks to me that this would make a no-knock Swat raid unlawful. I've always felt like they were unlawful, to begin with. "God Almighty created simplicity. Complexity, inspired by the Great Deceiver, tends to be the province of men. " S. H. M., IV
Re: Virginia Castle Doctrine - Attempt to Codify - review now!As a homeowner, resident of Virginia, and a retired police officer, this is well written and I support it 100%
Re: Virginia Castle Doctrine - Attempt to Codify - review now!what would it take to pass this. im sure every single person on this forum would sign a petition. as well as our range buddies and other ellow gun owner friends whom are not on this forum.
Re: Virginia Castle Doctrine - Attempt to Codify - review now!If they can present it as written and not allow any watering down of the language I would support it. Would personally like to see the defense of property included , Noone should ever have to surrender their property to anyone seeking to steal or otherwise obtain that property illegaly by force or threat,
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Re: Virginia Castle Doctrine - Attempt to Codify - review now!
.............................................. I'm gonna play the devil's advocate here for a minute: The problem this raises in the minds of many is that not "hiding in the closet while my home is pillaged" (and by implication drawing on and firing at a burglar who is stealing your Star Wars Yoda mask sounds like the use of deadly force to protect property; which has been a no-no pretty much everywhere from day one. Of course, if you can convince a judge & jury the guy was trying with some reasonable likelihood of success to beat you to death with that latex Yoda head, maybe THAT's different. But that's the big rub with this whole deal. How do you balance the right to protect mere property with our society's concept of the sanctity of life? Even if the dude who broke into your home in the dark of night to steal your Yoda mask is a drug-addicted pedophilic habitual criminal and complete degenerate, what makes your Yoda mask worth his life? If you can't shoot the dude over a Yoda mask, how about your wife's diamond ring? What about your gun collection.......... naah ............... that's a CLEAR case of justifiable homicide if there ever was one, right? I guess it really boils down to this: Does crossing your threshold under the wrong circumstances justify the forfeiture of a man's right to keep on living? Traditionally, the answer was "YES" if he was threatening someone else's life, and "NO" if he was just threatening mere property. Think about the possible abuses if we change that part of the law. It ain't such a simple issue. "The Bill of Rights is what the people are entitled to against every government, and what no just government should refuse, or rest on inference."
-Thomas Jefferson
Re: Virginia Castle Doctrine - Attempt to Codify - review now!
there's an effort underway right now to have this introduced next session. education will continue over the summer months to, hopefully, ease the path. here is the most up-to-date version: http://virginialegaldefense.com/Stuff/D ... ctrine.pdf don't be intimidated by 59 pages. the first 6 and a half are the draft bill. the remainder is all of the legal case commentary that supports the codification of our common law. lots of education to be had should you choose to read through it. "When the masses have physical power equal to the rulers, autocracy cannot survive." - Sic semper tyrannis!
Re: Virginia Castle Doctrine - Attempt to Codify - review now!
Am I supposed to hand him a questionnaire when he comes into my home? Hello good sir(s), thank you for taking the time to fill out this survey to ascertain whether I will be putting a 12 ga solid slug into your chest. Please check whichever is applicable: I am here to take by force: 1) Lives 2) Your stuff If you have selected one, I am probably shooting at you now. If you have selected two, I will be hiding in a closet, please lock the door on your way out, thank you. The nice thing about castle law is it removes alot of scenarios and doubts. If someone is in your home illegally or uninvited their life is forfeit; by their act of doing so. One cannot discern criminal intent, nor should they need to in order to defend their lives and/or their property. So rattle my bones all over the stones, I'm only a beggar-man whom nobody owns. Oh, see how words as old as sin, fit me like a glove.
I'm here and here I'll stay.
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