By Carten Cordell | Virginia Statehouse News
RICHMOND — Virginia lawmakers spent the first month of the 2012 session debating a flurry of proposals to ease access to guns. Now, they will be debating how those weapons can be used.
Virginia residents soon may be allowed to use physical and even deadly force on intruders without fear of civil or criminal prosecution. The House bill's sponsor, Delegate Richard "Dickie" Bell, R-Highland, said his proposal comes down to common sense.
"I think it is fair to say that if someone is inside your dwelling unlawfully, that you have a right to protect yourself against them," he said.
Opponents, including Delegate Scott Surovell, D-Fairfax, say the General Assembly should be critical of the bill's language.
“When you draft criminal statutes, you have to be incredibly precise, because criminal statutes define the boundaries of whether the government can lock you up or not,” he said.
For example, Surovell said the vagueness of the term “dwelling” would open the door to a wealth of legal wrangling in the justice system. He referred to a hypothetical shooting occurring in a mass occupancy location such as a fraternity house.
Gun issues have played a prominent role in the General Assembly during the first month of session. Proposals to lift the one-gun-per-month restriction on weapon's purchases and shield the names of concealed-carry permit holders have each cleared the house.
Bell's bill, also known as the Castle Doctrine, goes beyond the nuances of gun possession and enters the realm of use. It is also one of the most controversial. Efforts to enact similar laws failed in the Democrat-controlled state Senate in 2010 and 2011.
Thirty states have some form of Castle Doctrine law on the books, according to the National Rifle Association's Institute for Legislative Action, the Fairfax-based political arm of the pro-gun advocacy group. Spokeswoman Stephanie Samford said the legislation has spread thanks to the public desire for self-defense laws.
"This is a victim's rights measure that brings common sense to the law," she said. "The law should never put innocent people at the mercy of criminals."
However, it may not be as cut and dry as Samford says. Richmond resident Daquon Rudd, 18, said he supports the Castle Doctrine, but still has reservations about it.
“I would be OK with (people) using force if they needed too,” he said, “but … if they weren’t attacked, I don’t see why a person should harm another person without any real need.”
Samford said the Castle Doctrine does not prevent law enforcement from investigating the circumstances of a shooting.
"Each instance will be investigated by law enforcement. If anyone abuses the law or uses force inappropriately, they will be prosecuted," she said.
The Castle Doctrine cleared House and Senate committees Wednesday. The proposals will hit the floors of the General Assembly next week.
