Homeowner Beware If Cretin Invades

Letter to Ephesians: State law controls if you can shoot a burglar but many that provide homeowner a defense require “proportionality” in defending self & fam. Maybe script this to hand to an invader: “Please sir, show DL & drops yo gun, then, gets yo sorry a** out da door before I’s puts it on da floor.”

There’s of course been a long nationwide debate over the self-defense issue, especially as progressive states were becoming particularly aggressive in eroding the long- standing Common Law right of a homeowner to use whatever force is necessary to protect the homestead. When I was a law student during the 70s, for instance, criminal law courses typically suggested a burglar, armed or not, had few legal protections against a gun toting homeowner. The issue came up again, however, in a recent post by a fellow blogger so I thought a quick AI review of the current law in my home state of Virginia was advisable & worth sharing.

To be sure, you can’t have a lawyer on 24-7 call for advice when confronted with a home invader, but it’s impo for Virginians to know in advance that the use of deadly force against anyone is justifiable only if you have a “reasonable belief of imminent death or serious bodily harm.” And, you can only use the amount of force “necessary to repel the threat.” Fortunately, Virginia “follows a version of the Castle Doctrine, meaning you are not obligated to retreat from your home when faced with a threat.” On the other hand, these caveats (and others too numerous to go into here) also mean an erroneous split-second decision can open the homeowner to being arrested along with the cretin & even maybe sued by him or her in civil court for damages. Hence, the suggested “calling card” left on a table in the foyer to advise burglar with a “reasonable” request. Worth a shot.

Davd Soul