Photo by NCinDC
Though it has always been accepted as common law, yesterday the Virginia House of Delegates passed a measure that officially grants civil immunity to those who use deadly force against intruders, reports the Washington Times.
Known as the “Castle doctrine,” the measure merely codifies a person’s right to shoot someone who breaks into their house and not face any legal liability for doing so. During the debate, one Virginia legislator relayed a story of a constituent who had fired at an intruder and was taken to court for doing so as a justification for the law:
But Delegate Anne B. Crockett-Stark, Wythe Republican, relayed the story of an 82-year old constituent who caught a male burglar in her home one time, held a gun to him, and asked, “Do you want to eat breakfast with the devil?”
Ms. Crockett Stark’s constituent fired at the intruder as he ran, was taken to court and lost, she said. The story garnered a standing ovation from the crowd.
Critics of the measure complained that it was already accepted practice and that the law as written could allow homeowners off the hook for using deadly force indiscriminately.
As of last year, some 31 states have similar laws on the books or have established case law governing the use of deadly force in the home, including Maryland. The District is amongst the few jurisdictions in the country with no explicit law on the matter.
Martin Austermuhle