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Posted: 10/6/2015 5:31:49 PM EDT
Can't find anything current on Google
Link Posted: 10/6/2015 5:47:01 PM EDT
[#1]
Link Posted: 10/6/2015 6:09:16 PM EDT
[#2]
No, but we have plenty of case law.
Link Posted: 10/6/2015 6:09:36 PM EDT
[#3]
I've read that our case law is better than castle doctrine.  The how or why never really sunk in.
Link Posted: 10/6/2015 6:16:37 PM EDT
[#4]
That's exactly how I see it too. Thanks guys.
Link Posted: 10/6/2015 6:17:08 PM EDT
[#5]
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Quoted:
I've read that our case law is better than castle doctrine.  The how or why never really sunk in.
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The way I understand it is most (if not all) Castle doctrines only provide protection in a self defense situation in your home (Castle). Where as Va has a large amount of case law that would provide protection basically anywhere in a justified shooting.

Disclaimer: Not a lawyer
Link Posted: 10/6/2015 11:00:24 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I've read that our case law is better than castle doctrine.  The how or why never really sunk in.
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It is in nearly every aspect that matters, and I'm strongly opposed to dickering around with even well-intentioned legislation for fear of screwing it up. VCDL seems to have figured this out as well.

Virginia follows the common law principle that if you had no part in causing or contributing to the altercation, then you have no duty to retreat before using deadly force, ANYWHERE IN THE COMMONWEALTH. In your home, on the sidewalk, at the grocery store ... doesn't matter. In other words, we have the "castle doctrine" here and the entire state is the "castle."

If you did somehow contribute to the altercation (i.e., you're not totally innocent and you may have some of the blame for instigating it) then you must retreat and thereby break contact, evidencing your intent to withdraw from the fight, before you can be excused for resorting to deadly force.
Link Posted: 10/7/2015 12:09:38 PM EDT
[#7]
We have far better and more extensive common (case) law.
Read The Virginia Gun Owner's Guide (Bloomfield Press) for a good summary and reference to the cases.

Virginia has NO lethal force statute law, for ANYONE.
Law enforcement operate under the same case law as everyone else.
They also have department regulations to obey.

Virginia did not have a Court of Appeals till the early 1970s.
Many of the case law rulings are from the State Supreme Court and remain as valid as ever.
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