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Clarification: You Have The Right to Defend Yourself |
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Gregory Morris, 1/12/08 12:01:53 pm |
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Um, we already knew that. But that's OK. A Castle Doctrine fixer-upper bill has been
submitted in WV.
In my home state, there was never really much of a question about having the right to shoot a home intruder. In fact, I think the current legal standard is "did he deserve a good shootin'".
On the one hand, I'm glad they are moving forward with this. Castle Doctrine bills almost always turn out to be good legislation, even if they are simply codifying the current practices within the state. On the other hand, I get nervous about just about any legislation, because it means there are probably new things you have to know to stay in line with the law. I don't think it'll be a problem, mostly because it should not be adding any new limits (i.e. people can just do what they have always been able to do.)
I must say, I do like how they word things in WV:"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."
Instead of saying the owner has no liability, they are saying the criminal assumes the risk. Basically, "if you threaten me or my family, all bets are off sucker." |
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