| West Virginians could use deadly force, likely gunfire, against intruders or attackers under the "Castle Doctrine" bill now before Governor Manchin.
The purpose of this bill is to authorize the use of force, including deadly force, against an intruder or attacker in a dwelling, residence, or vehicle under certain circumstances.
The House widely-approved a Senate-passed bill Thursday that embraces the "Castle Doctrine" concept, which supporters say is law in at least 20 other states.
The measure echoes court rulings that have allowed "proportionate" force when people have a legal right to confront an attacker.
It also protects citizens from any resulting lawsuits brought by the attacker when they resist with "reasonable and proportionate force."
Since the government has given police the authority to enter houses through a "no knock" law, the "Castle Doctrine" could create a hazardous situation for officers.
The law usually designates one's place of residence or automobile as a place in which one enjoys protection from illegal trespassing and violent attack.
It then goes on to give a person the legal right to use deadly force to defend that place or any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack.
In a legal context, it allows the use of deadly force which actually results in death, and may be defended as justifiable homicide under the Castle Doctrine.
HIGHLIGHTS OF WV BILL
- The Castle Doctrine - a presumption of reasonable fear of imminent peril of death or great bodily harm when using defensive force that is intended or likely to cause death or great bodily harm to another, granting immunity from criminal prosecution and civil action.
- The Legislature hereby finds that it is proper for law-abiding people to protect themselves, their families, and others from intruders and attackers without fear of prosecution or civil action for acting in defense of themselves and others.
- The Legislature finds that the castle doctrine is a common-law doctrine of ancient origins which declares that a person's home is his or her castle.
- The Legislature finds that Section 22 of Article III of the West Virginia Constitution guarantees the right of the people to bear arms in defense of themselves.
- The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence or occupied vehicle.
- The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
- Protection for the person against whom the defensive force is used is a law-enforcement officer who enters or attempts to enter a dwelling, residence or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law-enforcement officer.
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