‘Castle doctrine’ bill picks up support

Mannix Porterfield
Register-Herald Reporter

January 24, 2007 10:57 pm

— CHARLESTON — Shooting an intruder breaking into a West Virginian’s home no longer would expose the homeowner to civil liability pressed by either the criminal or his family in a new Senate bill offered Wednesday.
Pushed by the National Rifle Association, the measure is commonly known as the “Castle Doctrine,” harking back centuries to England.
In that era, the law recognized that, as one writer phrased it, “a man’s home is his castle, and the wind, but not the king, may enter.”
Put simply, it means a homeowner under law can protect his domicile from invaders without feeling any repercussions from the law.
Sen. Shirley Love, D-Fayette, the prime mover of the bill, has been joined by 24 fellow senators, making it a shoo-in for passage in the upper chamber.
“The NRA is very interested in this,” Love said. “It’s the same bill that was passed in Florida. From all the consensus there, the crime rate in Florida was very high as far as burglaries. When this bill was passed, it almost instantly in statistics showed that it decreased.”
Love acknowledged West Virginia’s crime rate, typically, is much lower than Florida’s.
“We have a right to bear arms in our own homes, which would make a burglar think twice,” he said. “But yet, this bill amplifies the fact that if someone is in your home, in the middle of the night, or you come home and they’re breaking into your home, you have to presume they would do you bodily harm.”
The proposal abandons the concept known as retreat, obligating someone under attack to do all possible to get away and avoid a showdown, Love said.
“You can use force against force in your own home and would not then be liable by the criminal or their families from suing you for protecting your own in your own home,” the senator said.
Love said his proposal — backed, among others, by Senate President Earl Ray Tomblin, D-Logan, and Judiciary Chairman Jeffrey Kessler, D-Marshall — is similar to one proposed a year ago by House Speaker Rick Thompson, D-Wayne.
“It will be analyzed by the judiciary chairman and others to make sure it is more compatible with the Florida law,” he said.
Love said the proposal has been adjusted since the earlier one was introduced to minimize any controversy.
“I think this will help its passage,” he added.

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