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Senate unanimously OKs ‘Castle Doctrine’ bill

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Lasher Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-23-08 02:36 AM
Original message
Senate unanimously OKs ‘Castle Doctrine’ bill
CHARLESTON — Senators agreed Tuesday that one’s home is a castle, open to the wind but not to intruders with evil in mind.

And if any is caught pilfering, the owner is allowed to use deadly force, and may use the fear of a threat the intruder poses as a “full and complete defense” in case the burglar files a lawsuit over his wounds.

<snip>

A stronger version was offered in time to beat the 41st day deadline for offering legislation by Senate Transportation and Infrastructure Chairman John Unger, D-Berkeley.

Unger offered his own tack, one that would disallow a wounded intruder to even file a lawsuit in the first case.

http://www.register-herald.com/local/local_story_050232214.html
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neverlander Donating Member (129 posts) Send PM | Profile | Ignore Sat Feb-23-08 05:26 PM
Response to Original message
1. I like this one
Since I am older and live alone...I like this one.
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Lasher Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-23-08 05:44 PM
Response to Reply #1
2. The Senate version does not protect homeowners from civil lawsuits
Edited on Sat Feb-23-08 05:48 PM by Lasher
I contcted my House rep to ask that he do whatever possible to ensure both criminal and civil protections are included in the final measure. Ideally this would look pretty much like the Castle Doctrine law they have in Texas today. Right now they're trying to pass a similar law in Wyoming.

Please consider asking your House rep to get behind this.

Edit: Response from my rep

***

I have supported and will ontinue to support the Castle Doctrine Bill. Hopefully this year we can make it happen. Thanks for the E-Mail.

Del. Larry Barker

***

Think I'll call Monday to ensure he's got his mind right about the civil lawsuits.

Lasher
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neverlander Donating Member (129 posts) Send PM | Profile | Ignore Sat Feb-23-08 06:05 PM
Response to Reply #2
3. Happy to..
I would be happy to help. I'll do it first thing Monday.
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Lasher Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-24-08 02:55 AM
Response to Reply #3
4. Here's how to locate your state reps
Hit this website and put your zip code in at the bottom right hand side. Then just click on your House rep's email address and away you go. Phone numbers are included too.

http://www.legis.state.wv.us/
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neverlander Donating Member (129 posts) Send PM | Profile | Ignore Sun Feb-24-08 11:46 AM
Response to Reply #4
5. Dirty Local Polotics HELP
Can anyone offer any suggestions (read the other thread) on how to shut these people down.
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Lasher Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-24-08 12:48 PM
Response to Reply #5
6. I read that one. Pretty good rant.
I can't think of any way to shut these people down. Maybe you should recruit a good attorney to see what can properly be done to discourage frivolous legal initiatives.
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neverlander Donating Member (129 posts) Send PM | Profile | Ignore Sun Feb-24-08 03:02 PM
Response to Reply #6
7. Thanks
If you come up with anything let us know.
We are just getting as much correct info out there as we can.
Maybe we can at least kill their credibility, since they have none anyway.
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Lasher Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-29-08 11:13 AM
Response to Original message
8. ‘Castle Doctrine’ bill on its way to Manchin
CHARLESTON — Quicker than a marksman could fire and reload, the House of Delegates agreed Thursday that a man’s home is his castle and it’s all right to gun down any intruder skulking about, in or out of the premises.

<snip>

In mind was some protection in law that a homeowner could protect hearth and home and use deadly force, if needed, if he felt he and his family were imperiled by invaders.

Love’s bill would guarantee that a homeowner using such force could use the fear of potential harm as a “full and complete defense” if the intruder filed a lawsuit over his wounds or his survivors resorted to litigation.

This bill goes an extra step in allowing a property owner to use force outside the home if he feels a prowler is about to commit a felony, such as making off with an expensive yard implement, auto or other possession.

<snip>

A stronger version offered by Sen. John Unger, D-Berkeley, would have blocked any injured prowler from even filing a lawsuit against a homeowner, but Austin said the Love bill would suit West Virginia’s needs.

http://www.register-herald.com/local/local_story_059215715.html


I wish the bill would have included the measure promoted by Sen. Unger but this is still a big improvement.
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neverlander Donating Member (129 posts) Send PM | Profile | Ignore Sat Mar-01-08 12:58 AM
Response to Reply #8
9. Good deal!
I am glad this has passed. It doesn't change what I would have done had my home been invaded, but it is nice to know it is campletely legal to defend your property now. If I read it right we do not have to "drag the body inside" anymore :applause:. Good for us OLD men, I can barely drag arse out of bed, much less a guy I took down for invasion :rofl:
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Lasher Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-01-08 07:48 AM
Response to Reply #9
10. Yep you read that right.
Surviving intruders or their survivors are not prohibited from filing a civil suit as I had hoped, but this law will make it more difficult to prevail in such a case.
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