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| VA Legislator Proposed Castle Law |
| 2007-01-04 |
| Oklahoma and Colorado call it the “Make My Day” law. Florida calls its version “Stand Your Ground.” But Delegate Bill Janis (R-Goochland) hopes that after the legislative session convening Jan. 10 Virginians will have a “Castle Doctrine” statute to call their own. He’s proposing a bill that would protect people from being sued if, out of self-defense, they kill or injure someone who breaks into their home. “When someone breaks into your home, they violate something pretty sacred,” Janis says, “which is the sanctity of the home.” He says people’s homes are their castles, something they have a right to protect. Virginia’s courts have traditionally given some leeway to people who harm others while trying to defend themselves, but it’s not the legal guarantee of a state statute. Without a rule on the books, intruders who are injured in such confrontations can sue in civil court for personal injury, malicious wounding or even wrongful death — cases Janis sees as revictimizing the person whose home was intruded into. The legislature has said no to similar proposals in recent years. But in the fall Janis decided he’d try to reintroduce such legislation after one of his close friend’s sisters returned to her North Side home after a party to find a stranger in her kitchen. They fought near the front door, but the man escaped. He was eventually caught and indicted of several similar crimes. Although the woman didn’t injure the intruder, Janis says he wants to protect her right to defend herself. Other legislators don’t think such issues are up to them. “What if a homeless person comes in your basement? Are you going to shoot him?” asks Delegate Jennifer McClellan (D-Henrico), who voted against identical legislation last year. “If someone kills somebody, they couldn’t be sued,” McClellan says. “If a person should not be held liable, then they won’t win the case. That’s something a jury should decide, not the General Assembly.” Results in other states seem to be mixed. Supporters in Oklahoma credit their Make My Day with a drop in home invasions. But critics point to cases such as one in Colorado, in which a man shot his neighbor’s barking dog with a pellet gun. In response, the dog’s owner used a club to break out the glass in his neighbor’s front door. The man who shot the dog then killed the dog’s owner with a shotgun. Colorado’s Make My Day law shields him from prosecution in his neighbor’s death. Gee, I guess I'd better ask Rantburgers. If some homeless guy broke into your basement, would you shoot him? |
| Posted by:Anonymoose |
| #20 I guess I'm shit out of luck. I don't have a basement. |
| Posted by: Deacon Blues 2007-01-04 20:24 |
| #19 I once shot a homeless person in my basement just to watch him die. |
| Posted by: DepotGuy 2007-01-04 20:15 |
| #18 Jennifer McClellan usually lets her homeless men in through her front door! |
| Posted by: Anguper Hupomosing9418 2007-01-04 20:12 |
| #17 What if a homeless person comes in your basement? How often do homeless men come in Jennifer McClellan's basement, anyway? |
| Posted by: eLarson 2007-01-04 19:57 |
| #16 If some homeless guy broke into your basement, would you shoot him? How can I tell if he owns a home or not? And why do I need to know this before shooting an intruder? |
| Posted by: Parabellum 2007-01-04 19:29 |
| #15 Gee, I guess I'd better ask Rantburgers. If some homeless guy broke into your basement, would you shoot him? Several times. |
| Posted by: Chuck Darwin 2007-01-04 18:50 |
| #14 So a guy breaks into my home. I'll know he's just some "homeless" slob because he'll be wearing a sandwich board sign that reads: "I'm just a homeless guy intruding into your castle and I'm not here to rob, rape, or pillage." Believing this to be the truth, I hold him at gun point and call the police. When the cops arrive, I ask them to deliver this poor man to Jennifer McClellan's home and stick him through her basement window. That should "make her day" because she always welcomes uninvited strangers into her home. |
| Posted by: GK 2007-01-04 18:25 |
| #13 LOL, that was either purdy damn funny or just plain crazy WXJ. |
| Posted by: Shipman 2007-01-04 18:12 |
| #12 This seems to be just common sense based upon the private property rules on the books back in 1787 or so. But, then, I'm not an enlightened "progressive", so I guess a law may be needed. And, on the homeless person intruder front...I have NEVER heard of that happening, even in urban areas, much less out in the burbs, where this is more likely to do good. After the rash of "He wounded me after I broke in to his home" civil suits, this should be a FEDERAL (applies to ALL states) issue. |
| Posted by: BA 2007-01-04 18:08 |
| #11 Wonder if some wit will pass out the delegate's address to the homeless in the area, and see if visitors change her mind.... Of course, a "homeless person" is unlikely to be anywhere near where she lives. They mostly hang around downtown Richmond. It's true that most prosecutors in Virginia won't bring criminal charges for defending your home, but there are always a few ultra-liberals |
| Posted by: Barbara Skolaut 2007-01-04 17:49 |
| #10 That's the kind of response expected from a liberal Dummocrat. Homeless, mebbe not. Most homeless don't break in, just accost you on the street for handouts. What if someone broke in with the intent to rob you, then dispose of your carcass so you couldn't testify ? Would you offer him a muffin fresh out of the oven, or would you pull the trigger ? |
| Posted by: SpecOp35 2007-01-04 17:34 |
| #9 BANG! "Stop or I'll shoot" |
| Posted by: Texhooey 2007-01-04 16:32 |
| #8 I would not shoot a homeless person who broke into my basement, I would take him prisoner, and torture him. |
| Posted by: wxjames 2007-01-04 16:15 |
| #7 If he laid on the ground until the police showed up, no. Otherwise, he is daisy chow. |
| Posted by: DarthVader 2007-01-04 15:42 |
| #6 Hey, everybody! Par-tay at Jennifer McClellan's house! |
| Posted by: Harry Homeless of Henrico 2007-01-04 15:22 |
| #5 I think it depends if the homeless person were a liberal or not. |
| Posted by: Master of Obvious 2007-01-04 14:32 |
| #4 It would depend on the person. If he left quietly no, if there were some argument/discussion he would finish the conversation with Saint Peter. |
| Posted by: Cyber Sarge 2007-01-04 14:18 |
| #3 Depends. If when I say, "stop or I'll shoot! Hands up!!", he stops and gets his mitts in the air, then no, I won't shoot him. If however he continues on and poses any semblance of a threat whatsoever to me or my family, well then he's made his decision, and I'll make mine. Quickly. |
| Posted by: Steve White 2007-01-04 14:12 |
| #2 If the prosecutor did not bring criminal charges against the homeowner, there shouldn't be any civil suits relating to the case either. McClellan carps about homeless people. Well - how about they make an exception in the bill for unarmed intruders? Would she now support the amended bill? I suspect not. |
| Posted by: Zhang Fei 2007-01-04 13:35 |
| #1 “What if a homeless person comes in your basement? Are you going to shoot him?” asks Delegate Jennifer McClellan (D-Henrico), who voted against identical legislation last year. Hmmm. Let me think, Jen. Uhh....YES I AM. |
| Posted by: mcsegeek1 2007-01-04 13:25 |