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Thread: Self-Defense Laws

  1. #1
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    As a newbie to OCing, I need to know what rights I have when it comes to OC. Does anyone know where I can find the VA (or maybe they are national) laws concerning self-defense, and defending others? Is there such a thing as a Good Samaritan law that gives me the right to protect a stranger who needs help?

    Thanks for any leads and help!

  2. #2
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    There are a number of classes of law that are in effect. The fundamental source of law in the US is English common law. Then there are black-letter statute law (the expressed will of the legislature) and stare decisis case law (previous court decisions).

    The elements of common law self-defense are; be innocent of instigation, be in reasonable fear of bodily harm, use sufficient force only to deliver oneself from evil and attempt to withdraw. Clearly legislation is being written to change these traditions in 'castle doctrines' for instance.

    Defense of a third party is too complex for a 'Good Samaritan' law, more usually applied to care providers. They may be written to cover defense of another but application will be capricious and civil penalties are still in play. As there are a number of classes of law, so too are there different standards of proof and innocence. In civil court you may be required to prove innocence (rather than the state proving guilt) by a preponderance of evidence (rather than the state's burden of 'beyond reasonable doubt).

    AS to rights, men are endowed by their creator with certain inalienable rights, some of which are enumerated in the Bill of Rights, specifically the Right to keep and bear arms shall not be infringed.

    HTH

    Either we are equal or we are not. Good people ought to be armed where they will, with wits and guns and the truth. NRA *******

  3. #3
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    What needs to happen now is follow the Florida example and protect people who are cleared in self defense cases from malicious civil law suits filed by the families of crimnals. It is stupid to have to go through a civil trial after being found justified in a criminal case. People go through enough following a shooting and it is absolutely outrageous to allow these civil suits to happen.

  4. #4
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    bspurs5 wrote:
    As a newbie to OCing, I need to know what rights I have when it comes to OC. Does anyone know where I can find the VA (or maybe they are national) laws concerning self-defense, and defending others? Is there such a thing as a Good Samaritan law that gives me the right to protect a stranger who needs help?

    Thanks for any leads and help!
    bspur5 - welcome - to the board and to OC in general.

    Recommend you take a look at this: http://opencarry.mywowbb.com/forum61/3356.html

    BobCav put this together not too long ago.

    Also check out http://www.vaguninfo.com for links to applicable laws.

    Hope this helps.
    Laws alone can not secure freedom of expression; in order that every man present his views without penalty there must be spirit of tolerance in the entire population. -Albert Einstein

  5. #5
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    Welcome bspurs5 ,

    You could pick up a copy of " The Virginia Gun Owners Guide" at most book stores or gun shops. I would recommend it

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