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 JeffersoniadArchivesMarch 2002 April 2002 May 2002 June 2002 July 2002 August 2002 September 2002 October 2002 November 2002 December 2002 January 2003 February 2003 March 2003 April 2003 May 2003 June 2003 July 2003 August 2003 September 2003 October 2003 November 2003 December 2003 January 2004 February 2004 March 2004 April 2004 May 2004 June 2004 July 2004 August 2004 September 2004 October 2004 November 2004 December 2004 January 2005 February 2005 June 2005 July 2005 August 2005 September 2005 October 2005 November 2005 December 2005 January 2006 February 2006 March 2006 April 2006 May 2006 June 2006 July 2006 August 2006 September 2006 October 2006 November 2006 December 2006 January 2007 February 2007 April 2007 June 2007 July 2007 August 2007 September 2007 October 2007 November 2007 December 2007 January 2008 February 2008 March 2008 April 2008 May 2008 June 2008 July 2008 August 2008 September 2008 October 2008 November 2008 December 2008 January 2009
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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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