imported post
skidmark wrote:
By far the best and easiest source of case law on all things firearms and self defense is
http://www.virginia1774.org .
"Castle Doctrine" comes from English Common Law, which forms the basis for Virginia law and jurisprudence. Read up on it at the site.
IANAL and all that, but if you have time to issue a warning or challenge you are not in a situation where you are in imminent fear of death or grevious bodily injury. Thus, you have no "right" to the use of lethal force for self defense.
stay safe.
skidmark
Issuing a warning is not a bad idea,
if and when circumstances permit, such as the one I described in a two-story dwelling. I should have added to this that as soon as a break in was detected, a call to 911 should be made. Not so much for help, but more along the lines of having your actions on tape, which could go a long way should you get charged or have to face a civil suit. So yelling for the perp(s) to get out of your home is really a positive here. It also proves that you went beyond the pale and tried your best to avoid a deadly encounter.
However, when presented directly with a deadly threat, I completely agree with you that no verbal warning of any kind should be in your order of "things to do" when responding to such a threat. If your attacker(s) stop their assault when they see your weapon, then you might tell them to get away, if they haven't already fled, and leave you alone, but that is only an option and should not be considered otherwise.
As for having the right to respond with deadly force, you always have that right wherever you may be (legally and acting within the law) if you are in fear for your well being (as in death or serious injury).
In the beginning of "The Good, The Bad, and The Ugly", the Eli Wallach says, after shooting his assailants, "when you come to shoot.. shoot, don't talk". That's actually pretty good advice.