Henrico County VA

Bills would allow deadly force against intruders


Delegate Dickie Bell, R-Staunton, is sponsoring two bills that would empower Virginians to use lethal force against an intruder in their home.

House Bill 47 would grant civil immunity to anyone who injures or kills someone while defending their home from another person who has posed a threat of injury to the other or has entered the home unlawfully.

House Bill 48 would enshrine in Virginia law the “Castle Doctrine” that about 30 other states have. The bill would allow the use of physical or deadly force in someone’s home if an intruder has committed an “overt act against him.”

Both bills have been referred to a subcommittee of the House Courts of Justice Committee. HB 48 is scheduled for consideration by the subcommittee next Monday [Jan. 23].

Andy Goddard, director of the Virginia Center for Public Safety, said bills like Bell’s are attempting to fix a problem that doesn’t exist.

“Nobody is finding themselves at the wrong end of the law. ... Nobody is being prosecuted for defending their home,” said Goddard, father of a victim of the 2007 Virginia Tech shooting.

Both bills grant an across-the-board exemption and, according to Goddard, leave too much room for potential misuse of the law.

“What about a messy divorce? One partner invites the other over to pick up something, shoots them and then says, ‘Well, we had a messy divorce, he or she started shouting and threatening, I was afraid and I shot.’ You get away with murder,” Goddard said.

The Virginia Citizens Defense League, which supports Second Amendment rights, has chosen to stay neutral on both bills. Instead, the group has asked that a state commission conduct a study before such legislation is passed.

“We think that probably that should be a more comprehensive bill,” VCDL president Philip Van Cleave said Monday at the organization’s lobby day at the state Capitol.

“Right now, Virginia law is extremely good, and we’re concerned that if it’s not done right, it can actually make it worse.”

With Republicans controlling both the House and Senate, this could be an important year for gun rights supporters.

“I think it is more in our favor than it has been in the past three or four years,” Van Cleave said. “I’m optimistic that some of the bills that have died before will probably make it this time.”

So far, legislators have introduced 36 bills that would affect state gun policy. Six of them were drafted by the VCDL.

“This is where the rubber meets the road,” U.S. Senate candidate Jamie Radtke said at VCDL’s lobby day.

“Republicans say they’re conservative and say they’re for the Second Amendment. It’s easy to say that when you know things are going to get killed in committee and you’re not going to have to deal with the issues.”

The true test comes now that Republicans are in charge of the General Assembly, said Radtke, a leader in Virginia’s tea party movement. “We’ll see if they’re going to vote the way they say they believe.”
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