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Saturday, February 02, 2008Barticles: Castle Laws and HB710Bart Hinkle sounds off on opposition to HB710 pending in the Virginia General Assembly this year. As quoted when the issue was brought to the fore in 2007: The obvious problem with applying the duty to retreat to the homeowner is that, inside his domicile, the homeowner already has retreated. He has closeted himself away from the outer world inside what should be his zone of privacy and security. To demand that he then retreat even further (where to? a closet? a panic room?) is absurd.I'm a fan of castle laws. When an intruder has forced you to pretty much your "last stand" position on your property, you have a right to defend yourself. Lest anyone think that HB710 gives you the right to blast salesmen and Jehovah's Witnesses (or anyone wandering on your lawn), pseudonymous commenter "Bill" states the scenario plainly: (M)ore important than what this bill does say is what it does not say. The ONLY thing this bill says is that if you “lawfully occupy a dwelling” and another person has “unlawfully entered the dwelling, has committed an overt act toward the occupant or another person in the dwelling, and the occupant reasonably believes he or another person in the dwelling is in imminent danger of bodily harm,” THEN, under all of those circumstances, you will be “justified in using any degree of physical force, including deadly physical force” against the invading attacker, even though you dind’t try to run away first.It's not a bill that allows you to shoot trespassers -- it's literally a last ditch defense to protect you and your family. In rural Virginia, where trained on-duty deputies literally take 30 minutes to get from where they are to you, such laws can (and do) save lives.
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JEFFERSONIAD POLL: Whom do you support for Virginia Attorney General?1) John Brownlee2) Ken Cuccinelli AboutShaunKenney.com is one of Virginia's oldest political blogs, focusing on the role of religion and politics in public life. Shaun Kenney, 30, lives in Fluvanna County, Virginia.ContactThe Jeffersoniad
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1 Comments:
I've been told by both lawyers and sheriff's deputies that if someone has broken into your house (not a case of trespassing, but actual burglary): shoot the bastard.
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