Results 1 to 12 of 12

Thread: Castle Doctrine

  1. #1
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    14

    Post imported post

    As I read it, the WV Castle Doctrine law, basically says that I have the right to use deadly force against someone if the need arises in my home, or anywhere else I have the legal right to be, but only if the threat is against myself or my family. Right?

    I read the amendment once, but can't seem to find it now for some reason.

  2. #2
    Regular Member
    Join Date
    Apr 2009
    Location
    Charletson, West Virginia, USA
    Posts
    32

    Post imported post

    On Wednesday, March 12 2008, Governor Joe Manchin, (D) signed Senate Bill 145, West Virginia’s “Castle Doctrine” bill, into law.

    SB145 will permit law-abiding citizens to use force, including deadly force, against an attacker in their homes and any places outside of their home where they have a legal right to be. It is clearly stated that there is no “duty to retreat” from an attacker, allowing law-abiding citizens to stand their ground to protect themselves and their family. SB145 also protects individuals from civil lawsuits by the attacker or the attacker’s family when force is used.


    West Virginia §55-7-22 of the Code of West Virginia
    (a) A lawful occupant within a home or other place of residence is justified in using reasonable and proportionate force, including deadly force, against an intruder or attacker to prevent a forcible entry into the home or residence or to terminate the intruder's or attacker's unlawful entry if the occupant reasonably apprehends that the intruder or attacker may kill or inflict serious bodily harm upon the occupant or others in the home or residence or if the occupant reasonably believes that the intruder or attacker intends to commit a felony in the home or residence and the occupant reasonably believes deadly force is necessary.
    (b)A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder or attacker in the circumstances described in subsection (a) of this section.
    (c) A person not engaged in unlawful activity who is attacked in any place he or she has a legal right to be outside of his or her home or residence may use reasonable and proportionate force against an intruder or attacker: Provided, That such person may use deadly force against an intruder or attacker in a place that is not his or her residence without a duty to retreat if the person reasonably believes that he or she or another is in imminent danger of death or serious bodily harm from which he or she or another can only be saved by the use of deadly force against the intruder or attacker.
    (d) The justified use of reasonable and proportionate force under this section shall constitute a full and complete defense to any civil action brought by an intruder or attacker against a person using such force.
    (e) The full and complete civil defense created by the provisions of this section is not available to a person who: (1) Is attempting to commit, committing or escaping from the commission of a felony; (2) Initially provokes the use of force against himself, herself or another with the intent to use such force as an excuse to inflict bodily harm upon the assailant; or (3) Otherwise initially provokes the use of force against himself, herself or another, unless he or she withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
    (f) The provisions of this section do not apply to the creation of a hazardous or dangerous condition on or in any real or personal property designed to prevent criminal conduct or cause injury to a person engaging in criminal conduct.






    The first link is from the NRA on the passing of our No Retreat policy to the Castle Doctrine the second is SB145 the

    http://www.nraila.org/legislation/read.aspx?id=3672


    http://www.legis.state.wv.us/Bill_Te...145%20SUB1.htm

  3. #3
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    14

    Post imported post

    Awesome. Thanks for the info. So, yes I can use force outside of my home, and no it doesn't have to be in defense of a family member, it is just "other". Great law, especially the part about using this lawful right as a complete defense against civil action.

    This law is the only federal law concerning the use of firearms I could justify on the Federal level, since it is the second amendment expounded for the idiots who don't like guns.

  4. #4
    State Researcher
    Join Date
    Jan 2007
    Location
    Lebanon, VA
    Posts
    678

    Post imported post

    2008 SB 145 covered civil liability.

    Criminal liability in West Virginia is still covered by common law. Although it does not cover all the precedential cases on self-defense in West Virginia, I quote many of the most important cases on the use of deadly force inthis thread.

    Because the circumstances under which deadly force is justified arise and dissipate rapidly--and thus make the lawful use of deadly force an inherently split-second decision--you should be prepared to deal with the aftermath of a justifiable SD shooting. Once you are safe, you should not "flee" or attempt to tamper with evidence or dispose of your weapon. It may or may not be prudent to call 911 to passively and in a third-person way say that there has been a shooting and that the police and an ambulance are needed. Do not make any admissions about what you have or have not done and hang up after you have given the location and that there is a need for an ambulance and police response. When the police attempt to question you about what happened, you should immediately tell them that you would like to cooperate but first want to speak with an attorney and (this is important) clearly insist that you want an attorney and that you will not say anything else to them until after an attorney consultation. Then, call a good criminal defense attorney.

    This can be difficult to do, but it is critical that you conduct yourself in a manner that does not further incriminate you or cast doubt upon your credibility or the credibility of your self-defense claim. There are more cases that you know where a person has acted in a manner perfectly consistent with self-defense but destroyed their defense with a few, very poorly chosen words.

    Police officers knowthe proper procedures to followthey are involved in a shooting on the job, both to comply with departmental policies and to protect their personal legal interests.We ordinary citizens are well-advised to do the same.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  5. #5
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    14

    Post imported post

    I absolutely agree.

    The decision to use a deadly weapon in self defense is not a light one. I hope to never have to go through anything like that. Though I choose to exercise my right to bear arms, and would, if necessitated, exercise my right to protect me and mine, I sincerely wish to never have to draw my weapon for use in the latter.



  6. #6
    Regular Member
    Join Date
    Oct 2009
    Location
    Bluefield, West Virginia, USA
    Posts
    5

    Post imported post

    Im so glad i read this tonight, im new here so bear with me but my girl friends x boyfriend came to my house to jump on me.i met him on my porch and he didnt see my shotgun. As he started up my stepsi told him to leave and to get off my porch. Well he kept coming up the steps and after a second warning he didnt stop soI put the shot gun in his face then he went into the yard.I told him to leave or im gonna call the police so he did. He is on parole for armed robbery and kidnapping while using a firearm. ShouldI follow up this with the police or what? This is the first time ive came that close to doing something thatI never want to do and it would definitly be a last resort but this is my house ya know? Any advice would be greatly appreciated.I also live in West Virginia, and thanks again for posting on this topic.

  7. #7
    Regular Member
    Join Date
    Feb 2009
    Location
    , ,
    Posts
    21

    Post imported post

    I would call the police and make a statement. I would also keep a sharp lookout for a while...especially at night. I think you let him off kind of easy, really. If the shotgun was actually "in his face", then that is a little too close for comfort for me. Did any neighbors witness this? Is your vehicle in a garage, or is it out in the open? These ****** bags love to mess with a taxpayer's vehicle.

    1 more thing: If you can find out who his parole officer is, get a hold of him/her and let them know he threatened you with bodily harm.

  8. #8
    Regular Member
    Join Date
    Oct 2009
    Location
    Bluefield, West Virginia, USA
    Posts
    5

    Post imported post

    I had my 20-gauge just beyond arms reach of him. I live near my dad and he came out here when this guy pulled into my yard and he witnessed the tail end of everything. He also stopped at all my neighbors house knocking on the door looking for me. I was wondering about making a statment to the police just incase things get worse next time. After i made this post i spoke to my girlfriend and he called her severl times threating to choke her but im not sure what she is going to do. This guy is really disturbed, the kidnapping charge came from his exwife. He held her at gunpoint when she tried to leave him while State Troopers surrounded his house and the armed robbery came from robbing several pharmacies. Thank for the advice!!

  9. #9
    Regular Member
    Join Date
    Oct 2009
    Location
    Bluefield, West Virginia, USA
    Posts
    5

    Post imported post

    Another option I have instead of resorting to using a firearm is my dog. Everything happened to fast last night for me to think about my dog but I have an overly protective pitbull that was raising al kinds of caine last night. I would rather let him deal with this guy instead if me having to shoot or something. thanks again for the advice.

  10. #10
    Regular Member Undertaker's Avatar
    Join Date
    Feb 2009
    Location
    The Wood, Kentucky, USA
    Posts
    146

    Post imported post

    You should absolutely file a statement with the police and keep a copy for yourself in the event this happens again. You see, he could be making a statement that you pointed a gun at him. I'm of the opinion (yea I know) that he who dials 911 first usually wins.

    re. the Castle Doctrine, It's my opinion (I know) the most important part is that you don't have the obligation to retreat.

  11. #11
    Regular Member
    Join Date
    Oct 2009
    Location
    Bluefield, West Virginia, USA
    Posts
    5

    Post imported post

    I filked a report this afternoon with the WV State Police in Princeton so they now know whats going on. My girlfriend called me less than an hour ago saying that he is drinking and threating her which her parents, who she is staying with right now, is supposed to be calling the police. But he told her that he is going to come up here so I cant kill him. Thats the craziest thing ive ever heard!! I think, hope and pray to God thats its just the alcohol talking. The first thing im going to do if he comes up here is dial 911 but there is no city police where I live, just county and state so if something does happen I dont think they will have time to get here to help ya know? But thanks again for all the advice and hopefully nothing will come of this. Another thing he is a known crack smoker and I know people do things diferently when their high on that crap so who knows. Im just gonna say a prayer that he doesnt try to go thru with what he was saying.



  12. #12
    Regular Member
    Join Date
    Oct 2009
    Location
    Bluefield, West Virginia, USA
    Posts
    5

    Post imported post

    And I also wanted to appologize to alatht for taking this thread in a totally different direction, I appologize for hijacking your thread.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •