WSET.com - ABC13Locals React to Castle Doctrine's Likelihood of Becoming Law

Locals React to Castle Doctrine's Likelihood of Becoming Law

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Reporter: James Gherardi l Videographer: Jonathan Merryman

Danville, VA - Virginia has had self-defense laws for decades, but state lawmakers are looking to add to that legislation. Monday afternoon the Senate approved a bill allowing for self-defense in your home no matter how violent that defense may be.

Thirty states already have similar legislation to the castle doctrine. It's a law that allows you to defend yourself or your family inside of your home if you feel at all threatened. Some say the move takes things too far, and others say it's the law they've been waiting for.

All that it needs now is a signature from the governor. After the Senate approved House Bill 48, known as the Castle Doctrine. The bill passed with overwhelming support from Republicans.

"If that harm is imminent, then you can use whatever force necessary to subdue the situation," said Tom Warren, the vice chair of the Danville Republican Committee.

Local party leaders say while self-defense common law (law derived from Virginia court rulings) has been around for decades, this bill takes it one step further.

"The important thing is you cannot be sued civilly," said Warren.

The law adds civil immunity to a homeowner's self-defense, preventing an intruder from coming back and suing for an injury from the break-in.

"In Virginia law, we have very good protections for people using deadly force in defense of their home. The bill seems to be accomplishing nothing except to muddy up what we call the common law," said Josh Horwitz, the vice president of the Virginia Center for Public Safety.

Public Safety advocates say civil suits following home break-ins are rare. In fact, home invasions while the owners are inside are even less frequent.

"So these are a bunch of bills that don't do a lot. Whether you think it's good or bad, gun owners, home owners in Virginia have a lot of protection in both civil and criminal law," said Horwitz.

But bill supporters say even more of that protection can't hurt.

"It was not intended to diminish or lessen common law. It is there for your protection as a homeowner," said Warren.

Currently, Virginia law allows for family members of murdered home intruders to sue the home owner that killed their family member. The Virginia Center for Public Safety says they will ask the governor to not sign this bill.

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