Virginia Gun Owners Forum - VGOF

Virginia: Self-Defense Legislation Scheduled for House Subcommittee Consideration Tomorrow!

Tomorrow, the Criminal Law Subcommittee of the House Courts of Justice Committee will consider four “Castle Doctrine” bills that will expand your right to defend yourself and your family in your home. “Castle Doctrine” establishes the presumption that an individual who forcibly enters one’s home, business or occupied motor vehicle is there to cause death or great bodily harm, and allows force, including deadly force, against that person. This legislation would guarantee a right thirty states have already recognized and one that needs to be realized in Virginia.

House Bill 14, sponsored by Delegate Greg Habeeb (R-8), would provide civil immunity to an occupant of a dwelling who uses any degree of physical force to defend the dwelling or another person in the dwelling.

House Bill 47, sponsored by Delegate Dickie Bell (R-20), would provide similar protections as HB 14.

House Bill 48, also sponsored by Delegate Dickie Bell (R-20), seeks to codify the "Castle Doctrine" by providing both criminal and civil liability immunity to someone who uses any degree of physical force against another person when the other person has unlawfully entered the dwelling and committed an overt act.

House Bill 925, introduced by Delegate Scott Lingamfelter (R-31), would codify a version of "Castle Doctrine” to allow the use of physical force, including deadly force, by a person in his dwelling against an intruder who has committed an overt act against him or another person in the dwelling.

Please contact members of the subcommittee listed below and respectfully urge them to support the above legislation. Contact information can be found below.

Criminal Law Subcommittee of the House Courts of Justice Committee:

Delegate Rob Bell (R-58), Chairman

Phone: (804) 698-1058
Email: DelRBell@house.virginia.gov

Delegate Dave Albo (R-42)

Phone: (804) 698-1042
Email: DelDAlbo@house.virginia.gov

Delegate Ben Cline (R-24)

Phone: (804) 698-1024
Email: DelBCline@house.virginia.gov


Delegate Todd Gilbert (R-15)

Phone: (804) 698-1015
Email: DelTGilbert@house.virginia.gov

Delegate Jackson Miller (R-50)

Phone: (804) 698-1015
Email: DelTGilbert@house.virginia.gov

Delegate Ron Villanueva (R-21)

Phone: (804) 698-1021
Email: DelRVillanueva@house.virginia.gov

Delegate Richard Morris (R-64)

Phone: (804) 698-1064
Email: DelRMorris@house.virginia.gov

Delegate Vivian Watts (D-39)

Phone: (804) 698-1039
Email: DelVWatts@house.virginia.gov


Delegate Charniele Herring (D-46)

Phone: (804) 698-1046
Email: DelCHerring@house.virginia.gov

there's a big, continuing discussion on ocdo of the wisdom of supporting any of these existing, so-called, castle bills.

castle doctrine is very complicated, as it is covered in hundreds of years of case and common law in va currently. the biggest danger of the proposed bills is that they are considered to be far less comprehensive than what the case/common law provides now. i'd urge anyone who hasn't done so, to read the proposed draft bill that Dan Hawes (forum id: user) has authored and compare to these bills. you'll see.

i for one have emailed the committee to study this issue further before proceeding on bills that will leave us less protected. as i understand it from the other discussion, the nra and the committee have Dan's draft.

Mods... am i allowed to post a link to Dan's draft here? please advise. thx!

I think that if you do a search that Dan's draft has already been posted let me see if i can find it here

Vern

here is the link
http://vagunforum.net/general-discussion/virginia-castle-doctrine-attempt-codify-review-now-t11381.html

here's the most current version:
http://virginialegaldefense.com/Stuff/1 ... lation.pdf