Virginia Gun Owners Forum - VGOF

SC has what they call the Alter Ego Clause. Basically, you have the right to defend another individual from life threatening assault if the other individual has the same right but is not able/equipped to do so.

Does Va. have a similar statue? It seems to me that I should be able to protect another individual. If not, must I stand by and watch a life threatening assault without being allowed to stop it with deadly force?

Va does not have a specific statute, but rather uses the common sense answer that you may use deadly force to protect your life, or the life of another innocent person from death or serious bodily injury.

ProShooter wrote:Va does not have a specific statute, but rather uses the common sense answer that you may use deadly force to protect your life, or the life of another innocent person from death or serious bodily injury.

I hear whatcha sayin' and have no reason to call you on it, but I sure would like to see a statute that says so. Mind you, it's not that I don't believe you, it's that I want to see it for my peace of mind.
Any ideas for a reference?

Yes. Sections 1-200 and 1-201. Virginia law goes back to 1066, when William the Bastard came to England, defeated Harold at the Battle of Hastings, and made himself William the Conqueror. (He really was called, "the bastard", because he really was the illegitimate son of the Duke of Normandy, and thus could not inherit in France. So his daddy provided him with an army, and sent him off to England.)

The common law rule you're looking for says this: "When one reasonably believes, based on an objective body of fact, that he or an innocent third party is faced with the threat of imminent serious bodily injury, then the use of force to the extent necessary, up to and including deadly force, is excusable."

Note that much of this is legalese, even though it looks like English. And in particular, note the use of the word, "innocent". If you happen upon a couple of people in the street, and one is about to shoot the other, you have to consider whether the potential victim is "innocent"; it may be that he's the dangerous felon and the prospective shooter is an undercover cop. And if you shoot the cop in that situation, you're looking at the death penalty for your mistake.

That ol' William....he sure was a bastard!