ALEC in Virginia
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ALEC Legislation in Virginia:
ALEC Legislation in Virginia: Guns
HB 854 (2010) and HB 1573 (2011): The Castle Doctrine
This bill would legalize the use of deadly force in defending one's home. This bill was strongly backed by the National Rifle Association, which claimed credit for helping draft the language. ALEC' Castle Doctrine model legislation was approved by the organization in 2005. The NRA is a long-time member and funder of ALEC and an NRA lobbyist has served on and chaired the Public Safety and Elections Committee (which produced the Castle Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
- Sponsors: Delegates Cleaveland, Athey, Bell, Richard P., Carrico, Cole, Cox, J.A., Crockett-Stark, Habeeb, Hugo, Jones, Landes, Lingamfelter, Miller, J.H., Morefield, Poindexter, Robinson, Sherwood and Wilt; Senator: Puckett
- Status: Failed
Virginia's Castle Doctrine
ALEC's Castle Doctrine
Use of physical force, including deadly force, against an intruder; justified self-defense.
A. A lawful occupant of a residence is justified in using reasonable and proportionate force, including deadly force, against an intruder or attacker to prevent a forcible entry into the residence or to terminate the intruder's or attacker's unlawful entry if the occupant reasonably apprehends that the intruder or attacker may kill or inflict serious bodily harm upon the occupant or others in the residence or if the occupant reasonably believes that the intruder or attacker intends to commit a felony in the residence and the occupant reasonably believes deadly force is necessary.
B. A lawful occupant within a residence does not have a duty to retreat from an intruder or attacker in the circumstances described in subsection A
C. A person not engaged in unlawful activity who is attacked in any place he has a legal right to be outside of his residence may use reasonable and proportionate force, including deadly force, against an intruder or attacker, without a duty to retreat, if the person reasonably believes that he or another is in imminent danger of death or serious bodily harm from which he or another can only be saved by the use of such force against the intruder or attacker.
D. The justified use of reasonable and proportionate force under this section shall constitute a full and complete defense to any civil action brought by an intruder or attacker against a person using such force. The defense to a civil action, however, is not available to a person who:
a. The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully or forcefully 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; and
b. 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
3. A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another, or to prevent the commission of a forcible felony.
A person who uses force as permitted in Section (1) [and other state codes which are affected/amended by this legislation and which refer to the use of force including deadly force] is justified in using such force and is immune from criminal prosecution and civil action for the use of such force.
Virginia's bills: http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB854
ALEC's model legislation: http://alecexposed.org/w/ images/7/7e/7J2-Castle _Doctrine_Act_Exposed.PDF