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Posted on 01/25/2007 11:40:26 AM PST by neverdem
CHARLESTON — Shooting an intruder breaking into a West Virginian’s home no longer would expose the homeowner to civil liability pressed by either the criminal or his family in a new Senate bill offered Wednesday.
Pushed by the National Rifle Association, the measure is commonly known as the “Castle Doctrine,” harking back centuries to England.
In that era, the law recognized that, as one writer phrased it, “a man’s home is his castle, and the wind, but not the king, may enter.”
Put simply, it means a homeowner under law can protect his domicile from invaders without feeling any repercussions from the law.
Sen. Shirley Love, D-Fayette, the prime mover of the bill, has been joined by 24 fellow senators, making it a shoo-in for passage in the upper chamber.
“The NRA is very interested in this,” Love said. “It’s the same bill that was passed in Florida. From all the consensus there, the crime rate in Florida was very high as far as burglaries. When this bill was passed, it almost instantly in statistics showed that it decreased.”
Love acknowledged West Virginia’s crime rate, typically, is much lower than Florida’s.
“We have a right to bear arms in our own homes, which would make a burglar think twice,” he said. “But yet, this bill amplifies the fact that if someone is in your home, in the middle of the night, or you come home and they’re breaking into your home, you have to presume they would do you bodily harm.”
The proposal abandons the concept known as retreat, obligating someone under attack to do all possible to get away and avoid a showdown, Love said.
“You can use force against force in your own home and would not then be liable by the criminal or their families from suing you for protecting your own in your own home,” the senator said.
Love said his proposal — backed, among others, by Senate President Earl Ray Tomblin, D-Logan, and Judiciary Chairman Jeffrey Kessler, D-Marshall — is similar to one proposed a year ago by House Speaker Rick Thompson, D-Wayne.
“It will be analyzed by the judiciary chairman and others to make sure it is more compatible with the Florida law,” he said.
Love said the proposal has been adjusted since the earlier one was introduced to minimize any controversy.
“I think this will help its passage,” he added.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
Yeah, and they'll be serving popsicles in hell befire this one ever flies in California.
I guess West Virginia DemonRats are less evil than some others. But what's with the dude named 'Shirley'?
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
Actually, it is rooted in Scottish law. There is even a legal term, hamesucken, for the crime of home invasion. It was punishable by death.
Wonder if we can get Arlen Specter to sign on?
"Sheets" Byrd is also the King of Pork. That gets him a lot of votes.
They said "there is none, if you have it in your car you will be arrested".
I said "arrested? What if I had no ammo in the gun or the case?"
They said "Doesn't matter".
I then asked "what if I was moving there, couldn't I bring my guns with me to put in the house?"
They said "no"
I asked, "you mean you can't even own a firearm?"
They said "yes, you can own one"
I then asked "well, how do you get it to your house then?"
They said "you can't have it in your car."
I again asked "How then would one get it to the house?"
And they just repeated the same thing "you can't have it in your car"
I then told them that that doesn't make any sense and they told me that that was the law.
What a bunch of communists.
At least we haven't lost our Gun right in Arizona yet (Governor Napalitano). I don't think she'll try it either, so many people carry guns in Arizona (even conceal carry) that she would torque off the wrong folks. We put them in our glove compartments and on the seats here.
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That §18-2-8a of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-8a. Course of study in firearms and firearm safety.
Garde la Foi, mes amis! Nous nous sommes les sauveurs de la République! Maintenant et Toujours!
(Keep the Faith, my friends! We are the saviors of the Republic! Now and Forever!)
LonePalm, le Républicain du verre cassé (The Broken Glass Republican)
Is there any clear legal duty to retreat in West Virginia currently? I think it is a fine law to pass (the Florida law, as referenced in the article, did seem to have an immediate practical effect although the Castle Doctrine in Florida was not impaired prior to its passage as far as I could tell), but I am curious if it there is currently any duty to retreat now in West Virginia.
Horse hockey! I know we're pretty lib here in California, but it's not that bad yet. I think you were probably talking to one of those police volunteers who didn't really know the law.
You can carry your weapon in your car but it must be unloaded and any cartridges cannot be available for use. So you could carry either weapon or ammo in the glove box and the other in the trunk of the car. (Where it would not be available to bring the two together.) I have had my gun in the glove box when stopped for a traffic thing. First thing I tell the cop is that I have an unloaded weapon in the glove box. When asked where is the ammo, I say in the trunk and there is no problem.
Well...that's the way it is now. But give the Dems a little more time and who knows. They're trying!
Wheeling has a Greyhound bus station named after Robert Byrd. Goes to show you that 1) he can bring home the pork, and 2) the Democratic voters are smart enuf to keep re-electing oldtimers because they understand that seniority brings leadership positions which enables that person to bring home more pork. They're smart, as opposed to the PA voters, who succumb to a barrage of negative ads and throw out their long-time Republican politicians.
If only there were more good jobs in West Virginia, it would be a great place to move to.
I don't live in WV, so I can't say yes or no. But I can't figure another reason for wanting protection against liability from criminal or civil prosecution other than there is a current duty to retreat.
They'll be serving popsicles in hell before this one gets by the Supreme Court if things continue as they are.
TOM TANCREDO '08
"That said, the WV Democrats (except Byrd,Rocky,Rahall, and Mollohan) are more socially conservative than most Rinos in the US Congress."
Sadly, your exceptions (Byrd, Rahall, and Mollohan) are more conservative too. - We don't claim Jay. All get an A or better rating from the NRA. I have gotten pro-gun letters from both Mollohan & Byrd.
http://www.vote-smart.org/issue_rating_detail.php?sig_id=003284M
I just hope that the next GOP presidential candidate is as conservative as our WV democrats.
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