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Re: The first batch of new gun laws

Posted: Tue, 11 Jan 2011 23:26:00
by Jakeiscrazy
Eutaw wrote:Having just graduated college, this is the stuff I haven't been hearing. Stuff I need to know. Anything I can do, or individuals can do to push for castle doctrine other than vote? Its something i'd like to see happen for us.

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Email your Reps. As far as helping the 2A community overall. First off be a good representative, be respectful, safe, don't break the law, ect. Become an NRA member, and VCDL member(despite the fact I have neglected to do that myself), talk to your friends about their rights, take them shooting if they are willing(safely and nicely, don't hand them a 12G to see their faces when it nails their shoulder), and email your Reps both state and national, and of course vote them out if they don't vote the way you want. *Warning some people pro-2A guy don't like the NRA and/or VCDL for various reason most of them silly IMHO. You can look into that yourself.*

Re: The first batch of new gun laws

Posted: Wed, 12 Jan 2011 06:10:47
by zephyp
I know that having a Castle Doctrine bill is high on the agenda for many of you. I looked at getting one introduced this year, but in my discussions with the Senator I was asking to introduce the bill, it was pointed out to me that there no glaring issue with needing civil immunity after having to use deadly force to defend yourself in Virginia.
The first statement bothers me more than anything else. The VCDL should be there to represent the agenda of gun owners - not VCDL. And, Mr. Van Cleave also makes the statement that one would most likely win a civil suit. My guess is he doesnt carry a gun that will "most likely" get the job done if need be...nuff said.

Re: The first batch of new gun laws

Posted: Wed, 12 Jan 2011 06:48:28
by Yarddawg
WRW wrote:
Yarddawg wrote:
Jakeiscrazy wrote:From VCDL on Castle Doctrine:
CASTLE DOCTRINE BILL

I know that having a Castle Doctrine bill is high on the agenda for many of you. I looked at getting one introduced this year, but in my discussions with the Senator I was asking to introduce the bill, it was pointed out to me that there no glaring issue with needing civil immunity after having to use deadly force to defend yourself in Virginia.

Virginia case law and common law are already clear that you can stand your ground anywhere you are, no need to retreat. However, if you are part of the "problem" (somehow encouraged a confrontation), then you would need to retreat and could defend yourself if then cornered and after indicating your intent to give up the fight.

For civil law, you would most likely win in court as well. Lawyers who would file a suit against someone who defended themselves would almost always do so on "contingency." That is the lawyer would get paid only based on him winning the case. Since the odds of winning such a civil case are almost nil, lawyers don't even take on such cases, since they know they would never get paid.

Codifying current case law and current common law on self defense would be tricky. One would have to be careful to not somehow take away protections we currently enjoy. VCDL may attempt to put in such a bill at some point, but not this year. That is not to say that someone else might not put in such a bill this year, since bills will continue to be introduced for another week or so.
I can see it now..."Your Honor, Ladies and Gentlemen of the jury, my client should be cleared of all charges against them because they have a newsletter from the VCDL that says they will win this case." Yeah, right, I'm sure that will fly!
If that was the best lawyer I could find, I'd defend myself.
You seem to have missed my point completely. Without a Castle Doctrine law on the books, all of the speculation concerning criminal prosecution and civil litigation means NOTHING. Sadly, the Commonwealth of Virginia instead of leading the way, is behind the eight ball on this issue.

Remember, it only takes one activist judge, and all case law/common law/common sense goes out the window!

Re: The first batch of new gun laws

Posted: Wed, 12 Jan 2011 08:34:07
by VBshooter
I agree on this ,..We don;t buy a house or car without it being documented somewhere, I don;t think we should on this,,,,Not to mention the answer came from A POLITICIAN... That's enough cause for doubt right there.

Re: The first batch of new gun laws

Posted: Wed, 12 Jan 2011 10:28:41
by WRW
Yarddawg wrote:
WRW wrote:
Yarddawg wrote: I can see it now..."Your Honor, Ladies and Gentlemen of the jury, my client should be cleared of all charges against them because they have a newsletter from the VCDL that says they will win this case." Yeah, right, I'm sure that will fly!
If that was the best lawyer I could find, I'd defend myself.
You seem to have missed my point completely. Without a Castle Doctrine law on the books, all of the speculation concerning criminal prosecution and civil litigation means NOTHING. Sadly, the Commonwealth of Virginia instead of leading the way, is behind the eight ball on this issue.

Remember, it only takes one activist judge, and all case law/common law/common sense goes out the window!
You seem to have missed my sense of humor. But, the list is somewhat longer than just one activist judge. If one should happen upon an activist judge, prosecutor and jury, there is still the court of appeals and the State Supreme Court.

Now this part is anecdotal, so take it for what it is worth. When I started work at the job I retired from the employee handbook was 18 pages long and there was little question of what was right. At retirement the book had grown to two books of over 200 pages each and it created more confusion than it avoided. The comment about codifying common law and case law being tricky makes perfect sense to me in light of that experience.

Re: The first batch of new gun laws

Posted: Wed, 12 Jan 2011 18:17:32
by Yarddawg
Yes, I am guilty as charged Bill, my apologies. :friends:

Re: The first batch of new gun laws

Posted: Wed, 12 Jan 2011 21:20:09
by WRW
Yarddawg wrote:Yes, I am guilty as charged Bill, my apologies. :friends:
No apologies needed. Seems most everyone misses my sense of humor and I don't see any George Carlin smilies, so...

Re: The first batch of new gun laws

Posted: Thu, 13 Jan 2011 21:06:29
by Micro
SB 757 - Senator Reynolds - allows someone on private property to be able to discharge an air gun as long as they have permission from the property owner to do so and reasonable care is taken to ensure the projectile does not cross the bounds of the property. Any local ordinances to the contrary, such as Fairfax County has, would be preempted - VCDL Strongly Supports this bill

I live on an acre of land and have plenty of room to safely shoot an airgun or airsoft guns. Any ideas on the likelyhood of this to pass?