Published: February 28, 2008 09:57 pm         

‘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.

“Your home is your castle,” Sen. Shirley Love, D-Fayette exulted upon learning the House Judiciary Committee sent his 2-year-old bill out, absent any effort to either amend or debate it.

Within an hour, the full House shipped the bill on to Gov. Joe Manchin, with the only opposition vote cast by Delegate John Doyle, D-Jefferson.

“When you think about it, in this day and time, your home is even more so your castle. That old adage that the wind can come in and not the king is true. It really means something when you stop and think about it.”

Love began the push last year to upgrade West Virginia’s self-defense law with the backing of the National Rifle Association.

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.

“We worked very hard with the chairs of both committees to craft a bill that we feel is very solid and very structured,” said Jordan Austin, state liaison for the NRA.

“It will guarantee an individual’s right to self-defense inside the home and outside the home.”

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.

An NRA movement began a few years ago to accord homeowners more protection began with Florida and now has expanded to 21 states with West Virginia now on board.

Austin wasn’t surprised to see the Love bill ease through the House panel without amendments or opposition votes.

“This has been the will of the people for quite a long time,” he said. “It has attracted lots of support from individuals in the state.”

West Virginia has never had a “duty to retreat” as some states do as a means of preventing a showdown with an intruder, “but we’re just making clear there is no duty to retreat,” Austin said.

Love said he has been overwhelmed with calls and e-mails from across the state expressing support.

“I think this gives homeowners a little more feeling of security that they can protect themselves, their families and their property without having the fear of being prosecuted by ones who are the intruders on their personal premises,” he added.

— E-mail: mannix@register-herald.com