Virginia Gun Owners Forum - VGOF

I agree, Spence. Our current laws are ridiculous. I've owned guns for most of my life and never had to use one in self defense. Hope I never do. I'm more intimidated to face the legal system afterwords than I would be to face a BG - even if he were a true threat.

It's a shame that in this state the bad guy actually has more rights than you do in that situation, I can almost hear some dingbat lawyer telling a jury that his client didn't deserve to be shot, what a model citizen he is, and how his civil rights have been violated, Fortunately it has been pretty much in favor of the shooters in VA but havng to evaluate a situation to consider the BG'S rights wastes precious time that should be spent ending the assault and defending yourself,,,

This except was taken from the VCDL VA-ALERT, dated 7/10/09. It references VA law as it applies to self defense.

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1. Virginia self-defense law
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I have been getting a lot of questions about self-defense laws in
Virginia, so I decided to address it again for those who may be new to =

the list or missed it before.

First, let me say that I am not a lawyer and don't give legal advice. =

Go to a good gun attorney for such advice.

That said, to guide you in the right direction, this is my lay
understanding of the law:

Virginia is a "stand your ground" state. In Virginia the legal
protections for for self-defense are in common law and case law.

You don't need to retreat as long as:

1. You are somewhere you can legally be (you are covered even outside =

your residence) and
2. You are completely innocent and are not part of the "problem"

If you are part of the problem, say you made an unfriendly hand
gesture at somebody during a traffic incident and that person comes
after you later in a parking lot, you have to retreat as far as
possible and let the aggressor know that you are giving up the fight. =

Only if you are then cornered and the aggressor ignores the fact that
you don't want to fight him, are you then able to legally defend
yourself.

As far as using, or threatening to use, deadly force to defend
yourself (brandishing a firearm or shooting a firearm, for example),
you can only do so if you, or an innocent third party, is in IMMEDIATE =

danger of death or grievous bodily harm.

If you are innocent and can stand your ground and have used deadly
force when threatened with immediate death or grievous bodily harm,
that is considered "justifiable homicide." That is, the State
believes that you were completely justified in what you did.

If you were part of the problem, retreated, and then had to use deadly =

force, that is considered "excusable homicide." Having an excuse to
use deadly force is not nearly as good as being justified.

Bottom line: never be part of the problem. Period. Don't make
obscene gestures, yell at, threaten, or aggravate others. If they try =

to aggravate or threaten you, remain calm, ignore them to whatever
extent possible, and call the police. At all costs, keep your status
of being innocent. That way, if things go down hill, you have the
full protection of the law behind you as you stand your ground. If
you can retreat safely, do so. The only fight you are guaranteed of
winning is the one you don't get into.

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You can read the entire VA-ALERT at the link below:
http://www2.vcdl.org/cgi-bin/wspd_cgi.s ... 89&FILTER=

Thanks Jay, that will help clear some stuff up for a lot of us ,Now we need the Castle Doctrine so it will include the protection of property, home ,car, business, any place legal,etc; and exempt us from civil lawsuit for using it if necessary,