Stand-your-ground law - Wikipedia, the free encyclopediaQuote:
A stand-your-ground law states that a person may use force in self-defense when there is reasonable belief of a threat, without an obligation to retreat first. In some cases, a person may use deadly force in public areas without a duty to retreat. Under these legal concepts, a person is justified in using deadly force in certain situations and the "stand your ground" law would be a defense or immunity to criminal charges and civil suit. The difference between immunity and a defense is that an immunity bars suit, charges, detention and arrest. A defense, such as an affirmative defense, permits a plaintiff or the state to seek civil damages or a criminal conviction but may offer mitigating circumstances that justifies the accused's conduct.
Virginia Self Defense Law -- A Stand Your Ground StateQuote:
Virginia is a "stand your ground" state. In Virginia the legal protections for for self-defense are in common law and case law.
From the page you listed:
Look up Commonwealth v Alexander from VA, they ruled you cannot brandish a weapon solely in defense of personal property.Quote:
As far as using, or threatening to use, deadly force to defend yourself (brandishing a firearm or shooting a firearm, for example), you can only do so if you, or an innocent third party, is in IMMEDIATE danger of death or grievous bodily harm.
Virginia common law, IIRC, only permits deadly force to protect yourself or others when you reasonably fear death OR grievous bodily injury, NOT to protect your property/against a trespasser.
Here is a good summary of VA firearm laws... http://www.piedmontnrainstructors.or...irearmsLaw.pdf
Which also states:
VII. DEFENSE OF PROPERTY
A. A person has NO RIGHT TO USE DEADLY FORCE solely to defend his property. This applies where you
are only defending your property and NOT defending yourself or your family. (example, you CANNOT shoot
someone in the back while they are running across your yard with your TV)
B. A person has NO RIGHT TO THREATEN THE USE OF DEADLY FORCE solely to defend his property.
(This is a recent change in the law). (Example, you CANNOT brandish a firearm to run someone off who is
breaking into your unoccupied car in a parking lot)