by GS78 » Fri, 12 Mar 2010 09:13:35
ftd wrote:If the senate violates their own rules
Unfortunately, the full committee voted HB454 down (no rule violation), so it is probably toast, for this year and likely next year. Also unfortunate is the reality that this bill is really not a gun bill, but rather a basic right to self defense bill. Of course, this bill also limits the possiblity of lawyer fees garnered from innocent citizens who "harm" an illegal intruder or other threat to personnal safety.
Good news: The entire VA Senate is up for election NEXT year.
Bad News: We probably won't see this bill again until 2012.
There are some basic rules that all lawyers learn in law school. First, there is a duty to retreat when faced with danger. Second, if the danger finds you in your house there is no duty to retreat, because the presumption is that you've retreated as far as any person should have to. Thus, the castle doctrine (a man's home is his castle) allows defense of habitation as an extension of defense of self. ...
http://crimlaw.blogspot.com/2010/02/cas ... ginia.html [Of course, this bill also limits the possiblity of lawyer fees garnered from innocent citizens who "harm" an illegal intruder or other threat to personnal safety.]I would venture to say that it also would diminish the ability of defense attorneys to secure large settlements for the
unfortunate, misguided young person who lacked appropriate mentoring from a father figure in the home because of some policy implemented by the Republican party, namely and most likely George W Bush, Richard Cheney and or Karl Rove, who found himself so hopelessly unemployed that he was forced to break into houses to attain a sufficient income to get that operation that granny needs so badly......
...maybe the defense attorneys don't want this castle doctrine?
'those who hammer their guns into plows , will plow for those who don't'
"In a world of universal deceit, telling the truth is a revolutionary act."...George Orwell