I hope this passes.Under the Castle Doctrine, the requirement that a citizen flee his/her home in the face of an attacker is eliminated. Citizens can stand their ground and fight that intruder--using deadly force if need be--without worrying about being prosecuted, assuming that it's an otherwise supportable act of self-defense.



ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-22. Civil immunity to persons resisting criminal activities.
(a) Any person who unlawfully enters upon the property of another, enters into the motor vehicle of another or enters upon any location where another has a right to be for purposes of engaging in criminal conduct assumes the risk for any injury, including, but not limited to, death, caused to him or her by the reasonable and proportionate acts of the owner, or his or her agent or another in resisting the commission of the criminal conduct.
( The use of reasonable and proportionate force for the purpose of protecting one's self, his or her property or the person or property of another as contemplated by the provisions of subsection (a) of this section shall constitute a full and complete defense to any action at law based upon the use of such force.
(© The provisions of this section do not apply to the creation of a hazardous or dangerous condition on the property designed to prevent criminal conduct or cause injury to a person engaging in criminal conduct.

NOTE: The purpose of this bill is to authorize the use of proportionate force by a person in any place the person has a legal right to be against an intruder or attacker. The bill also provides that the use of proportionate force is a full defense, civilly or criminally.
http://www.legis.state.wv.us/

hey cool! get that moving across the board!

the only problem i can see: how would you have to prove you were under attack?? like does there have to be physical signs of forced entry etc?? i'm assuming they will have to have some sort of regulations like that in place, so people dont go shooting up dinner guests saying they broke in??

generally a good idea though... how many other states have legislation like this??

Has anyone in WV ever been prosecuted for defending their home in this way?

You should be able to look that info up. If you ever do have to defend yourself that way, there WILL be an investigation......don't kid yourself. But if you have truly been attacked, there is usaully no problem proving it. And......I would rather deal with the court than get killed.

Castle doctrine is opposed by many of the anti-gun folks who think you should run instead of stand your ground in your own home. So of course I support it. I think it recently passed in FL.

Who exactly has come out against such legislation? I think this is more of a way for politicians to pander to a certain voting block. I highly doubt anyone in WV that has used a firearm to defend their family in their home has ever spent a day in jail because of it.

Don't know about that but I give everyone fair warning at my place. gate across the drive, fence around the house, and a sign warning them of my wittle puppy wuppies.

This goes beyond self defense in your home.

ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-22. Civil immunity to persons resisting criminal activities.

(a) Any person who unlawfully enters upon the property of another, enters into the motor vehicle of another or enters upon any location where another has a right to be for purposes of engaging in criminal conduct assumes the risk for any injury, including, but not limited to, death, caused to him or her by the reasonable and proportionate acts of the owner, or his or her agent or another in resisting the commission of the criminal conduct.
( The use of reasonable and proportionate force for the purpose of protecting one's self, his or her property or the person or property of another as contemplated by the provisions of subsection (a) of this section shall constitute a full and complete defense to any action at law based upon the use of such force.
(© The provisions of this section do not apply to the creation of a hazardous or dangerous condition on the property designed to prevent criminal conduct or cause injury to a person engaging in criminal conduct.

NOTE: The purpose of this bill is to authorize the use of proportionate force by a person in any place the person has a legal right to be against an intruder or attacker. The bill also provides that the use of proportionate force is a full defense, civilly or criminally.
http://www.legis.state.wv.us/

It also allows for someone else to protect your property (like the guy in Texas)

I hope it passes.

So I guess, digging a pit and putting sharpened punji sticks coated in feces, and then covering it over with camouflage, is still against the law.... <sigh>


Sounds like a good law, I hope it passes. Finally something to protect the victims instead of protecting the criminals.

Yea. And no electrified grate on the ground in front of the front door
whats a girl to do?

And I would say razor blades tapped to the flag of the mailbox would be a big no-no.

A bit off-topic, but the "mailbox" reference brought something to mind.

After we'd replaced our mailbox AGAIN due to ANOTHER night of teeny-boppers playing mailbox base-ball, my husband put a BIG RED "X" on our mailbox with the words "X marks the spot".

Apparently the hoodlums enjoyed that because we've been spared further mailbox bashing while our neighbors are STILL replacing mailboxes.

Hmmmm, maybe I should buy the neighbors razor blades and have them taped them to their post boxes.

Probably not... and rightfully so....
However, they would still be liable if the perp decided to sue them for any injuries that he might have from the homeowner injuring him or becoming injured as a result of the crime ..
Under the castle doctrine, the perp no longer has that right...
I find it extremely troubling that some idiot can break into your home and attack you, you then wound them in defense of your life and the a**wipe then goes and sues you for damages and usually wins... it seems to happen more than not lately.... not only does the perp sue, but if the perp should happen to die, their family sues you for all the money he might have made (robbing people) if he still lived...

Of course, I will always remember the words of wisdom my father told me when I got my carry permit back in NY... He was a detective on the NYCPD... he said "Remember, if you have to use that gun... Shoot to kill... that way there is only one story being told"

Update:

The House Judiciary Committee reported out Senate Bill 145 with the recommendation that it do pass. This bill, which will allow West Virginia residents to use reasonable force to protect themselves against intruders in places where they have legal authority, was taken up for immediate consideration. The House voted to suspend constitutional rules, moved it to third reading and then voted to pass the bill.

That's great.

I think I'm going to be moving to WV in the next couple years, I've just about had enough of this nanny state.

Well, depending on where you move to here in the state, you may get "nannied" here too. The further away from the larger cities and denser populations, the less government involvement in your private life.

Probably going to look around the Berkley Springs area.

MD's taxes are getting ridiculous and the gun laws here get worse everyday.

My last real estate tax assessment was the last straw even after I had an appraisal done they still don't want to lower it to what the appraiser came up with.

So I'm out of here probably WV. but possibly PA.

BS is nice. It's not as heavily built up like Hedgesville, martinsburg area. Theres not much in the way of entertainment there. And it gets down right crazy when the Apple Butter festival is going on! Other than that, BSprings is a nice quiet town. Lots of small shops on the main drag (522).

I like BS too, but it's a long way from anywhere. Northern and western Berkeley County are nice.

YAY! It's a LAW!!!! Woo-hoo!


On Wednesday, March 12, Governor Joe Manchin, (D) signed Senate Bill 145, West Virginia’s “Castle Doctrine” bill, into law.

SB145 will permit law-abiding citizens to use force, including deadly force, against an attacker in their homes and any places outside of their home where they have a legal right to be. It is clearly stated that there is no “duty to retreat” from an attacker, allowing law-abiding citizens to stand their ground to protect themselves and their family. SB145 also protects individuals from civil lawsuits by the attacker or the attacker’s family when force is used.

Please contact Governor Manchin and thank him for preserving your Second Amendment right to self-defense. The Governor can be reached by phone at (304) 558-2000 or email Governor@WVGov.org.

Great News!

Good job WV!!! Great to hear.