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Senate unanimously OKs ‘Castle Doctrine’ bill

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beevul Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-23-08 02:23 AM
Original message
Senate unanimously OKs ‘Castle Doctrine’ bill
Senate unanimously OKs ‘Castle Doctrine’ bill

By Mannix Porterfield
Register-Herald Reporter

CHARLESTON — Senators agreed Tuesday that one’s home is a castle, open to the wind but not to intruders with evil in mind.

And if any is caught pilfering, the owner is allowed to use deadly force, and may use the fear of a threat the intruder poses as a “full and complete defense” in case the burglar files a lawsuit over his wounds.

As things turned out, the bill’s leading proponent the past two sessions, Sen. Shirley Love, D-Fayette, wasn’t around to take part in the 32-0 tally that propelled the “Castle Doctrine” bill on to the House of Delegates.

Love missed a second straight day, tending to an ailing sister in another state, his secretary explained.

Senate Judiciary Chairman Jeffrey Kessler, D-Marshall, made note of Love’s lead sponsorship of the bill, saying it was intended to protect families and homeowners from acts of invasion and violence.


http://www.register-herald.com/local/local_story_050232214.html



Now this is what I like to see:

"bill’s leading proponent the past two sessions, Sen. Shirley Love, D-Fayette"

"Judiciary Chairman Jeffrey Kessler, D-Marshall, made note of Love’s lead sponsorship of the bill, saying it was intended to protect families and homeowners from acts of invasion and violence."


Democrats getting it right. We need MORE Democrats doing that at a federal level.


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east texas lib Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-23-08 02:29 AM
Original message
One's home should be inviolate...
Edited on Sat Feb-23-08 02:32 AM by east texas lib
And the Dems should lead the way.
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Lasher Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-23-08 02:29 AM
Response to Original message
1. Yay!
Edited on Sat Feb-23-08 02:55 AM by Lasher
I hope they pass the version where an intruder can't even file a lawsuit.

Edit: Think I'll post this in the WV forum.

I just noticed there are similar measures currently under consideration in Texas and Wyoming. Looks like they gutted the Wyoming bill in committee.

CHEYENNE, Wyo. (AP) - A Wyoming legislative committee heavily amended a self defense bill this evening (Tuesday) to remove a key provision that had specified homeowners couldn't be prosecuted if they kill anyone who entered their homes illegally.

The action by the House Judiciary Committee leaves the bill sponsored by Rep. Lorraine Quarberg, R-Thermopolis, with only one remaining feature: it would specify that residents who used deadly force against intruders would be immune from civil lawsuits.

As amended, the bill would continue to leave decisions about whether to prosecute people who kill intruders into their homes in the hands of prosecutors and judges.

Casper District Attorney Mike Blonigen, and Tom Jubin, spokesman for the Wyoming Trial Lawyers Association, both spoke against the bill. They warned the committee that there could be unintended consequences from overturning the established body of Wyoming law on self defense.

http://www.localnews8.com/Global/story.asp?S=7896397&nav=menu554_2_2


Then when it got to the full house it got un-gutted. Ha ha.

CHEYENNE, Wyo. (AP) - The Wyoming House today (Thursday) restored a critical provision to a self-defense bill that specifies citizens have no duty to retreat before using deadly force.

The House Judiciary Committee earlier this week had stripped the "no retreat" language from the bill.

Bill sponsor Rep. Lorraine Quarberg is a Republican from Thermopolis. She urged the House to restore the "no retreat" language.

The House then gave preliminary approval to the entire bill, HB 137. It needs to pass twice more in the House before heading to the Senate.

http://www.localnews8.com/Global/story.asp?S=7908385&nav=menu554_2_2
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Spoonman Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-23-08 08:25 AM
Response to Reply #1
2. Texas Implemented this Last Year
It went into effect Sept 1, 2007.
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Lasher Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-23-08 10:59 AM
Response to Reply #2
4. OK thanks.
Edited on Sat Feb-23-08 10:59 AM by Lasher
Looks like it provides protection from both criminal prosecution and civil suits. Sure hope the WV version ends up doing the same.
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L1A1Rocker Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-23-08 11:57 AM
Response to Reply #2
5. And it didn't get any National coverage
that I can remember. I thought that was very strange. It was really a "ho-hum" deal here.
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SteveM Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-23-08 05:58 PM
Response to Reply #5
6. Nor is there more follow-up by the press re: Obama's "individual right" stand...
Does his "individual right" stand mean that Chicago's laws are unconstitutional? Does it mean that he no longer favors the ban of semi-automatics? Does his stand even represent a major shift from the "communitarian" right to "individual right?" They won't follow up, even when he proffered his position on his own.

For the most part, you cannot trust MSM to cover 2A fairly or even professionally. If a gun "story" doesn't go their way, they won't pursue it.
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benEzra Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-23-08 09:15 AM
Response to Original message
3. The story tries to make it sound like it's about executing people pilfering your stuff.
CHARLESTON — Senators agreed Tuesday that one’s home is a castle, open to the wind but not to intruders with evil in mind.

And if any is caught pilfering, the owner is allowed to use deadly force, and may use the fear of a threat the intruder poses as a “full and complete defense” in case the burglar files a lawsuit over his wounds.

The story tries to make it sound like it's about executing people for pilfering your stuff.

Is it possible for any news organization to report on a gun-related story without trying to spin it?

People who want to "pilfer" don't generally stage unlawful and forcible invasions of occupied homes. If someone invades your home while you are inside (generally not a difficult determination to make), they are likely there for a confrontation with the occupants, not for your silverware.
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pipoman Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-23-08 07:21 PM
Response to Original message
7. Is this common
jargon in that neck o'the woods?

"Love missed a second straight day, tending to an ailing sister in another state, his secretary explained."

Seems sort of old fashion. Two whole days? So far sounds like a visit to an ill relative. Now if she took a leave of absence, or was on her second or third week maybe she would be "tending". And I must ask, is Shirley Love a man or a woman? ("his secretary")?

Other than that, every state should allow homeowners to protect themselves and their families from intruders without fear of spending the value of their home or more defending against prosecution or frivolous civil actions...:bravo:
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fightthegoodfightnow Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-23-08 07:41 PM
Response to Reply #7
8. States?
You write: 'Other than that, every state should allow homeowners to protect themselves and their families from intruders without fear of spending the value of their home or more defending against prosecution or frivolous civil actions...:bravo:"

Those of us not living in states know how to protect ourselves from intruders without requiring us to sell our homes to not only protect ourselves but to demand representation in our own government.
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pipoman Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-23-08 07:47 PM
Response to Reply #8
9. ..
:beer: :beer: :beer: :beer: :freak: :crazy: :puke:
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fightthegoodfightnow Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-23-08 07:51 PM
Response to Reply #9
10. Does Drinking Impair Your Judgment?
Perhaps you should consider this when ............ firing a ........... fire arm.
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