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Thread: HB1415 Castle Doctrine

  1. #1
    Accomplished Advocate peter nap's Avatar
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    HB1415 Castle Doctrine

    I think this bill must have been written in crayon. I sure hope VCDL doesn't support it and end up with egg on their faces again.

    HB 1415 Self-defense and defense of others; encodes version of "castle doctrine."
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    Summary as introduced:
    Castle doctrine. Encodes a version of the "castle doctrine," allowing the use of physical force, including deadly force, by a person in his dwelling against an intruder in the dwelling who has committed an overt act against him or another person who is lawfully in the dwelling, without civil liability and without limit to any other existing defense or immunity.Full text:
    12/18/12 House: Prefiled and ordered printed; offered 01/09/13 13100740D pdf

    Status:
    12/18/12 House: Prefiled and ordered printed; offered 01/09/13 13100740D
    12/18/12 House: Referred to Committee for Courts of Justice



  2. #2
    Campaign Veteran roscoe13's Avatar
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    Quote Originally Posted by peter nap View Post
    I think this bill must have been written in crayon. I sure hope VCDL doesn't support it and end up with egg on their faces again.
    Don't hold your breath...

    It wouldn't be nearly as bad if only it said "or (ii)"

    Roscoe
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good." - George Washington

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by roscoe13 View Post
    Don't hold your breath...

    It wouldn't be nearly as bad if only it said "or (ii)"

    Roscoe
    If you sit down and dissect it, there are a lot of problem, one of the biggest ones is that it dilutes Common Law.
    Delegate Crocket-Stark (I hate it when women use two names) ain't talking .....yet!

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    Regular Member 2a4all's Avatar
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    I could live with it if:

    "(i) the other person has unlawfully entered the dwelling and has committed an overt act toward the occupant or another person in the dwelling..." were changed to "... and has committed or threatened to commit...".

    It does raise questions about limiting self defense actions to one's home (v garage, porch or patio, etc.), but it doesn't prohibit them.

    I like the immunity provision, though.
    Last edited by 2a4all; 01-10-2013 at 12:08 PM.
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

  5. #5
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by 2a4all View Post
    I could live with it if:

    "(i) the other person has unlawfully entered the dwelling and has committed an overt act toward the occupant or another person in the dwelling..." were changed to "... and has committed or threatened to commit...".

    I like the immunity provision.
    Except it won't exist in the real world. It's only wax fruit on the table.

  6. #6
    Regular Member Walt_Kowalski's Avatar
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    define "OVERT ACT", because the courts will..

    This bill is hogwash, and erodes our already effective common law protections.
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good"
    -- George Washington

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    Quote Originally Posted by peter nap View Post
    Except it won't exist in the real world. It's only wax fruit on the table.


    " Common law " in Virginia? I thought VA's current lethal force law was that you ahve to prove you were in fear for your life. I may be mistaking but this new bill sounds better than having to prove I was so afraid I had to kill them

  8. #8
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by cjakesnyder1988 View Post
    " Common law " in Virginia? I thought VA's current lethal force law was that you ahve to prove you were in fear for your life. I may be mistaking but this new bill sounds better than having to prove I was so afraid I had to kill them
    Yes, common law in Virginia.
    This is an extremely complex issue and the resident expert is User. He's the Attorney that's written the most acceptable Castle Doctrine bill to date. It has yet to be submitted but will at some point.

    To be technical....This new bill sucks.
    It's poorly written, shallow, restricting and dangerous.
    Last edited by peter nap; 01-11-2013 at 10:09 PM.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by peter nap View Post
    Yes, common law in Virginia.
    This is an extremely complex issue and the resident expert is User. He's the Attorney that's written the most acceptable Castle Doctrine bill to date. It has yet to be submitted but will at some point.

    To be technical....This new bill sucks.
    It's poorly written, shallow, restricting and dangerous.
    Bad bills do not make good law.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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