Castle bill allows force against home intruders
Wednesday, April 23, 2008 - MARLA PISCIOTTA Review Staff
CHARLESTON — With the passage of Senate Bill 145, referred
to as the Castle Doctrine, West Virginian’s will be allowed to use force against an intruder or attacker without the
fear of criminal prosecution.
During the signing ceremony recently, Gov. Joe Manchin commented,
“Don’t mess with us.”
Manchin said he joined with the Legislature in supporting
the bill.
Hampshire County Sheriff Nathan Sions supports the bill as
well.
“I certainly believe people have the right to protect
their homes from burglars and thieves,” said Sheriff Sions.
The legislation permits law-abiding citizens to use force,
including deadly force, against an attacker in their homes and any places outside of their home where they have a legal right
to be.
It clearly states that property owners do not have to “retreat”
from an attacker.
And the law protects individuals from civil lawsuits by the
attacker or the attacker’s family when force is used.
In April 2005, Florida became the first state in the nation
to pass a version of the “castle doctrine ” bill.
Since then at least 19 states have followed suit.
The National Rifle Association is campaigning to get such
laws on the books in all 50 states.
Capon Sport Shop owner Alan Sirbaugh supports the new legislation.
“I’m 100 percent for it. I think necessary force
is needed to defend yourself,” said Sirbaugh.
Three Churches resident Juanita Cutler also agrees with the new law.
“I can’t imagine making a decision to shoot someone,”
said Cutler.
However, she said, “People should have the right to
protect themselves and their property.”
Cutler recalls an incident some years ago when an intruder
was injured while breaking into a cabin.
According to Cutler, the cabin had been invaded numerous times
when the owner rigged up a gun inside to thwart intrusion.
“The cabin was broken into again and the intruder was
injured. And he sued the owner and won,” said Cutler.
Cutler said the intruder should have had no right to sue.
This is the type of situation that will no longer be an issue
with the passage of the new state law in February.
“Castle doctrine” is derived from English common
law that a person’s home is his castle.