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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.

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Off of Route 29-South (Delray Road), Augusta, WV 26704