Calling all Students of Virginia Law, FNG needs some help.

[adams40cal]

I ran across this forum while doing research for a paper that I'm writing for one of my classes. The subject is the Castle Doctrine and I have been digging around trying to find in words "Exactly" what Virginia's law on self defense in the home is. I have found in the code what pertains to Crimes Against Property but nothing I have found explicitly states what your obligations are when an intruder enters your home. I have had armchair quarterbacks tell me different things but I cannot use this heresay in my paper.

Can you point me in the right direction?

Thanks and sorry for the long winded first post.

[TBob]

Virginia self-defense law is largely based on case law rather than code. There's some information at http://www.virginia1774.org/Page5.html and its following pages. Other than that, you'll probably have to consult with a lawyer knowledgeable in the case law or consult a good law library.

[gunderwood]

IIRC, there is no statue in VA. The law is derived from case law and VAs common law heritage. IANAL.

[VBshooter]

IANAL either and that's the way I understand the law to be too. Even McDonnells campaign office told me that when I wrote to McDonell asking his stance on a Castle Doctrine before the election.

[gunderwood]

IANAL either and that's the way I understand the law to be too. Even McDonnells campaign office told me that when I wrote to McDonell asking his stance on a Castle Doctrine before the election.

We need a Castle Doctrine because of some bad judges adding arbitrary things into the case law.

[TBob]

We need a Castle Doctrine because of some bad judges adding arbitrary things into the case law.

Agreed. Hopefully this next year. But we'll have to clean up the corrupt Virginia Senate first.

[VBshooter]

We also need to get the votes in the Senate or we'll be &%#$ out of luck again come next year, Seems nonone in RIchmond had the stones to do anything when the Senate rules were broken and the Hit Sqaud shot down a lot of bills from the sactuary of the hallway by leaving their proxy ..I pressured McDonnel early on in his camapign because he was ignoring the issue or skirting it with "He supports it already as it is VA case law" answers from his office. We need the Castle Doctrine most definitely as we are one of four states without it , Even anti gun states like MA,NJ, and other occupied terrortories have some form of one on their books.

[VBshooter]

We also need to get the votes in the Senate or we'll be &%#$ out of luck again come next year, Seems no one in RIchmond had the stones to do anything when the Senate rules were broken and the Hit Sqaud shot down a lot of bills from the sactuary of the hallway by leaving their proxy ..I pressured McDonnel early on in his camapign because he was ignoring the issue or skirting it with "He supports it already as it is VA case law" answers from his office. We need the Castle Doctrine most definitely as we are one of four states without it , Even anti gun states like MA,NJ, and other occupied terrortories have some form of one on their books.

[zephyp]

Even Maryland has a Castle Doctrine codified in law...

[allingeneral]

This is an interesting read with a lot of different cites that should help you:

http://www.courts.state.va.us/opinions/ ... 136973.pdf

Also, you can use the "Case Law Search function" at the VA Judicial website:
http://www.courts.state.va.us/search/textopinions.html

[adams40cal]

Thanks for the input guys. I had already been to the virginia1774.org site. I am using some of that stuff in my paper.

And as gunderwood stated that the law is derived from case law. And that can lead to issues based on individual interpretation. How ever the lawyers and judges see fit to interpret on that days is how its gunna be.

As soon as I get done writing this paper I am going to spend some time browsing through this website.

I'm glad I found it. From what I have already seen it looks like there is a lot to be learned here.

I'm not a Wordsmith by no means.

See ya.