One Less Scumbag

One Less Scumbag

This is a discussion on One Less Scumbag within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; My only problem with this is the last sentence. Just more reason Virginia needs a Castle Doctrine and not simply rely on case law. I ...

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  1. #1
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    Thumbs up One Less Scumbag

    My only problem with this is the last sentence. Just more reason Virginia needs a Castle Doctrine and not simply rely on case law.

    I also wonder if the fact that the home was that of a Sheriff's Deputy comes into play. As in targeted and not just a random target.


    Intruder Shot, Killed In Prince Edward Home Invasion - WRIC Richmond News and Weather -

    \
    UPDATE: State Police confirm the home owner was an off-duty Prince Edward County sheriff's deputy. It is unclear if he used his service weapon in the shooting.

    Stay with 8News for updates.

    ---------------

    Release from Virginia State Police:

    PRINCE EDWARD COUNTY, Va. The Virginia State Police Bureau of Criminal Investigation's Appomattox Field Office is investigating a home invasion that occurred overnight at a residence in the community of Rice. The incident occurred shortly before midnight at a residence on Pisgah Church Road off of Route 460.

    It was shortly before midnight when a male stranger broke into the home. When the residents encountered the man, a struggled ensued and the intruder was shot by the homeowner. The intruder, Clarence Bobby Banks, 30, of Farmville, died at the scene.

    Banks was transported to the Office of the Chief Medical Examiner in Richmond for examination and positive identification.

    There were a total of five people in the residence at the time of the break-in, to include two adults and three children. No one in the residence was injured.

    No charges have been filed at this time as the incident remains under investigation
    .
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  2. #2
    VIP Member Array JoJoGunn's Avatar
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    Home invasions can happen to anyone, law enforcement folks are not exempt. Criminals do not care what the person does, who they are or anything for that matter, their only concern is stealing anything they can get their hands on and get out without what happend to "Mr." Banks. I don't think they stand outside the residence and ponder if the guy who may be inside is a cop or not. Sad but true, we are all subject to crime anywhere, anyplace, anytime and add to it....anyone!

    Of course now we will have to hear from the dead perps family & friends about what a wonderful man he truly was and how he was getting his life back in order and just a warm hearted person who just loved people and wouldn't have harmed a fly......
    "A Smith & Wesson always beats 4 aces!"

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    Member Array oldcurmudgeo's Avatar
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    There are people who would rather get in a cop's house because of the guns, vests, etc.

    Here in my county we have had two recent cases of beak ins in which guns, badges, uniforms, vests, etc., were stolen.

    It makes one wonder when and how they will show up.

  4. #4
    Senior Member Array Zsnake's Avatar
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    In Virginia, I have been told by a lawyer, there are two distinct classes of Home Invasion. Daylight and Night.

    During the day, the homeowner must retreat to the furthest corner of his home before using leathal force to engage the perp. Unless, of course, the perp has a weapon and the home owner is in fear for his life.

    If an invasion occurs during the hours of darkness, the courts percieve it as a Felony act per se' and all gloves are off. One may fire at will.

    If anyone has proof of a different set of rules, please advise.

  5. #5
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    Safe family, dead dirtbag...all good with me!
    mook012 likes this.
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  6. #6
    Senior Member Array threefeathers's Avatar
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    This had a good ending.

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    Good deal, one less problem for mankind !!!
    mook012 likes this.
    " The beauty of the second amendment is that it will not be needed until they try to take it." Thomas Jefferson

  8. #8
    Senior Member Array Freedom Doc's Avatar
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    I do not think "retreat" is mentioned in this regard in Virginia law. If it was before it should certainly be gone now as, IIRC, Virginia is a Castle state.
    Anti-gunners seem to believe that if we just pass enough laws, we can have utopia. Unfortunately, utopia is NOT one of our choices.

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    Distinguished Member Array DefConGun's Avatar
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    Where's the part where the BGs friends and family talk about what a good guy he was and how he loved life?
    ep1953 likes this.

  10. #10
    Senior Member Array Zsnake's Avatar
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    In a search for "Va. Castle Doctrine" I found.....

    "Virginia is a case law state. Some of the "case law" cited in previous posts have changed significantly due to rulings in more recent cases...

    Virginia Case Law on Firearms and the Use of Deadly Force

    But to answer the original question, no...VA has no Castle Doctrine law.

    and

    "Yup, case law state. Every incident can be new territory. You can be hung out to dry, or get billed 'justifiable'. Just try to study the state laws as best you can."

    and

    "All Virgina lethal force law is common (case) law.

    Virginia is a justifiable / excusable homicide state.

    You do not have to retreat form any place you are legally present, and may meet deadly force with deadly force.

    The case law is pretty clear and definitive.

    The only thing missing is that you have no civil protection form the BG, but the suite would be laughed out of court in Virginia."

    That being said, I still maintain that if you are NOT in fear of your life, you must retreat.

  11. #11
    Senior Member Array Zsnake's Avatar
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  12. #12
    Senior Member Array Freedom Doc's Avatar
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    Quote Originally Posted by Zsnake View Post
    In a search for "Va. Castle Doctrine" I found.....

    "Virginia is a case law state. Some of the "case law" cited in previous posts have changed significantly due to rulings in more recent cases...

    Virginia Case Law on Firearms and the Use of Deadly Force

    But to answer the original question, no...VA has no Castle Doctrine law.

    and

    "Yup, case law state. Every incident can be new territory. You can be hung out to dry, or get billed 'justifiable'. Just try to study the state laws as best you can."

    and

    "All Virgina lethal force law is common (case) law.

    Virginia is a justifiable / excusable homicide state.

    You do not have to retreat form any place you are legally present, and may meet deadly force with deadly force.

    The case law is pretty clear and definitive.

    The only thing missing is that you have no civil protection form the BG, but the suite would be laughed out of court in Virginia."

    That being said, I still maintain that if you are NOT in fear of your life, you must retreat.
    I guess I stand corrected on Virginia having the "Castle Law". I thought due to everything I had heard that Virginia had become quite "gun friendly" and that surely they had this by now.

    My state has had this type of law since 1983 (at least in your own home at that time). I really don't think that the state (any state) should be telling someone how or when they should retreat. That should be a personal choice, based on the situation.
    Anti-gunners seem to believe that if we just pass enough laws, we can have utopia. Unfortunately, utopia is NOT one of our choices.

  13. #13
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    Quote Originally Posted by Freedom Doc View Post
    I guess I stand corrected on Virginia having the "Castle Law". I thought due to everything I had heard that Virginia had become quite "gun friendly" and that surely they had this by now.

    My state has had this type of law since 1983 (at least in your own home at that time). I really don't think that the state (any state) should be telling someone how or when they should retreat. That should be a personal choice, based on the situation.
    VA is a very gun friendly state, unfortunately until this last election Dem's have had control of the state senate. That just changed with the last election. Hopefully we can get a Castle Doctrine pushed through next year.
    Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.

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  14. #14
    Senior Member Array Zsnake's Avatar
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    WE CAN ONLY HOPE....And bug the **** out of the Senate and House.

    Looking forward to another 2nd Amendment rally in Richmond this summer.

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