The Castle Doctrine


The Hampshire Review has received a few questions and comments about the Castle Doctrine story I did for the April 23, 2008, publication of the newspaper.

For those of you who didn’t read the story, the Castle Doctrine bill relates to reasonable force in defense of self, real and personal property without the fear of prosecution.

The passage of the bill was put into West Virginia law Feb. 28, 2008.

My story explained, “The legislation permits law-abiding citizens to use force, including deadly force, against an attacker in their homes and any places outside of their homes where they have a legal right to be.”

Also in the story I referenced an incident described to me by a reader.

A cabin had been broken into several times and the owner rigged a gun inside to thwart intrusion.

An intruder was injured and the owner was sued.

Following the publication of the April 23rd story entitled “Castle bill allows force against home intruders,” one reader asked, “Does this mean that anyone who trespasses on an owner’s property risks being shot outdoors?”

The concern from the reader was that property boundaries are not marked and she wanted to know if the bill was specific as to what actions are threatening.

Another question raised was,   “Does the law relate only to where an individual lives.”

That question was referring to uninhabited vacation property such as a cabin.

When readers talk about or question a story, it means I am doing my job as a writer. We welcome any and all comments, good or bad.

To try and further clarify the Castle Doctrine, I spoke with Joe Altizer, chief counsel for the state judiciary.

Referring to the “booby-trapped” cabin, Altizer said,

“Nothing in the bill allows for people to create a dangerous condition that could cause death or injury.”

 In so far as the risk of being shot outdoors, Altizer explained, “You have to be in a position of feeling like your life is in immediate danger.”

Altizer said the Castle Doctrine reads that people are justified defending themselves if they fear death or injury.

In regard to protecting oneself in a place other than in their residence, Altizer explained, “You have to remember your home is the place where you are staying at the moment.”

He said that place can be a hotel room or vacation property.

“Your castle follows you where you sleep,” Altizer said.

He said the law doesn’t mean if someone grabs your purse that you can shoot them in the back when they run away.

“It only protects those who feel their life is in imminent danger,” said Altizer.

I hope this helps clear up some of the details of the bill.

For a copy of the “bill summary” which translates the complete bill into layman’s terms, e-mail Stacey Ruckle, communications director at the WV House of Delegates, at sruckle@mail.wvnet.edu.

And thanks for reading.

 

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