VA Legislature Prepared to Undermine “Castle Doctrine”
Tuesday, 06 March 2012 14:39
Modified legislation weakens current law ––
Tomorrow, a conference committee in the Virginia legislature will be voting on “castle doctrine” language that would make things much, much worse for Old Dominion residents.
The conference language, as currently drafted, needs to be resoundingly defeated.
The problem is this:
Virginia, like 48 other states, has inherited (ultimately from England) a body of court-made law, called “common law.” This “common law” is the “law of the land” in Virginia unless it is overturned by statute.
Virginia common law provides that you can protect yourself in your home or elsewhere against the reasonable fear of imminent death or serious bodily injury.
Thus, if a person lawfully enters your house, but pulls a gun and starts shooting at people, under common law, you can use deadly force.
If a person is standing in your bedroom holding a gun in the middle of the night, under common law, you can use deadly force, even though that person has taken no “overt act.”
Unfortunately, the conference committee language being voted on by the Virginia legislature tomorrow would require both “unlawful entry” and an “overt act.”
Fine, we said. Just add language which would provide that the statutory language does nothing to overturn the protections of “common law,” but rather is in addition to your right to defend yourself at common law.
However, this is NOT the route the conference committee has chosen to go.
So the bottom line:
The conference language would REPEAL your common law right to defend yourself and your family against someone who legally entered your house, but turned violent.
The conference language would REPEAL your common law right to defend yourself and your family against someone who was illegally in your house in the middle of the night with a gun, but had committed no OVERT ACT.
ACTION: Contact your Virginia state Senator and Delegate immediately. Urge them to oppose the conference report on the castle doctrine unless there is a provision which grandfathers our “common law” protections. Even better, urge them to support a REAL Castle Doctrine Bill –– such as what was written for Attorney General Ken Cuccinelli by defense expert Daniel Hawes over the summer.
You can send a message to your state Senator and Delegate by clicking here. Search by your address, click the “Send a message to your Delegate and Senator” button, and cut and paste the message below.
Prewritten Letter:
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Dear
The “castle doctrine” language that is being considered by the conference committee would make things much, much worse than under current law. And thus, I agree with GUN OWNERS OF AMERICA that the conference committee language must be defeated, unless language is included which would grandfather our “common law” protections.
The problem is this:
* Virginia, like 48 other states, has inherited (ultimately from England) a body of court-made law, called “common law.” This “common law” is the “law of the land” in Virginia unless it is overturned by statute.
* Virginia common law provides that I can protect myself and my family in my home or elsewhere against the reasonable fear of imminent death or serious bodily injury. Thus, if a person lawfully enters my house, but pulls a gun and starts shooting at people, under common law, I can use deadly force.
* If a person is standing in my bedroom holding a gun in the middle of the night, under common law, I can use deadly force, even though that person has taken no “overt act.”
Unfortunately, the conference committee language would require both “unlawful entry” and an “overt act” before I could use deadly force in my home against an armed intruder.
All you needed to do was to add language which would provide that the statutory language does nothing to overturn the protections of “common law,” but rather is in addition to my right to defend myself at common law.
Sadly, this is NOT the route the conference committee has chosen to go.
So the bottom line:
(1) The conference language would REPEAL my common law right to defend myself and my family against someone who legally entered my house, but turned violent.
(2) The conference language would REPEAL my common law right to defend myself and my family against someone who was illegally in my house in the middle of the night with a gun, but had committed no OVERT ACT.
Therefore, please vote against the conference report language on House Bill 48, unless language is included which would grandfather our “common law” protections.
Even better, you should support a REAL Castle Doctrine Bill –– such as what was written for Attorney General Ken Cuccinelli by defense expert Daniel Hawes over the summer.
Sincerely,
