This is a video I did awhile back on West Virginia’s “Stand Your Ground” law, also referred to as “Castle Doctrine.” There’s a lot of disinformation out there, and misapphrensions as well (is that a word? I think so.) It’s always important for gun owners to also be students of the law. This is by no means comprehensive, but like I always say, if you don’t like it, I’ll give you your money back.
This is the statute:
W. Va. Code § 55-7-22(a)-(d).
(a) A lawful occupant within a home or other place of residence is justified in using reasonable and proportionate force, including deadly force, against an intruder or attacker to prevent a forcible entry into the home or residence or to terminate the intruder’s or attacker’s unlawful entry if the occupant reasonably apprehends that the intruder or attacker may kill or inflict serious bodily harm upon the occupant or others in the home or residence or if the occupant reasonably believes that the intruder or attacker intends to commit a felony in the home or residence and the occupant reasonably believes deadly force is necessary.
(b) A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder or attacker in the circumstances described in subsection (a) of this section.
(c) A person not engaged in unlawful activity who is attacked in any place he or she has a legal right to be outside of his or her home or residence may use reasonable and proportionate force against an intruder or attacker: Provided, That such person may use deadly force against an intruder or attacker in a place that is not his or her residence without a duty to retreat if the person reasonably believes that he or she or another is in imminent danger of death or serious bodily harm from which he or she or another can only be saved by the use of deadly force against the intruder or attacker.
(d) The justified use of reasonable and proportionate force under this section shall constitute a full and complete defense to any civil action brought by an intruder or attacker against a person using such force.
For more information, read the written post I did on this back in August of 2018:
https://wvcriminaldefenseattorney.wordpress.com/2018/08/03/forget-what-you-heard-the-reality-of-the-law-of-self-defense-with-a-firearm-in-west-virginia-what-does-castle-doctrine-or-stand-your-ground-actually-mean-in-wv/
My contact info is at my website johnbryanlaw.com
Obviously, I’m not your lawyer, and there is no attorney client relationship created just by virtue of your watching this video. I’m not your lawyer unless and until you hand over a big wad of cash across my conference room table…. or at least something equivalent.
source
OMG I want that Axe ….<3 Ugh
you should do more WV law explanations. like for stop and ID
If you hear my story you may be the first one to ever see a case like this.
Wouldn’t the stand your ground law be redundant? I mean we have an inherent right to defend ourselves regardless. It’s not my job to jump fences are find escape hatch’s.
Is all that your private collection?
ok so silly question potentially, lets say a cop busts into your home without a warrant and threatens to arrest you for some petty reason and attempts to arrest you in violation of your rights, would that potentially fall under stand your ground? Due to deprevation of rights being a federal statute, and a felony. I ask more as a thought experiment, as in theory based on the wording of the law it seems like it makes no distinction about whom can and can not be shot.
The facts and circumstances will explain if 'stand your ground' is or not protected by the law at home or out.Case of excess of what could be at first considered a legitime defense.Need to unify law through the States.This must be clarified to people who must know the law and its complexities.Peotection of personal ptoperty is a matter of debate of what is more important,human life or things.
Yes!THE TOMAHAWK-"Chop"-SOUNDS-
"Agreeable"!
Are RIGHTS debatable..
I love This Guy – lol Im Canadian
Banks are allowed to kill to protect property
If somebody enters a carport with or without a garage door or surrounding doors to carport and breaks into your vehicle that carport or garage is apart of your private domicile. You have every right to meet the invader with deadly force
Yeah in Deming/Luna County they plant millions of dollars of crystal in your car and expect you sit in your car to breathe it all over the floor dash and in your things and then expect you drive around two they can pull you over under the influence. Then reuse to take a report about their conspiratorial behavior. Because you’re under the influence,because they did it. Then follow you around the country with every local pd doing the same thing because you can report them. Oh yeah they also take your camera away. And surround you with drones for 11 hours, all on my property!! The San Diego sheriffs continued the same behavior, as well as police in WI. Also did the same thing on the job while working for congressman Darrell Issa. It’s a shame civil rights are tough cases, and no attorney will respond in NM,CA or the state I’m in now. This has been going on for a year.
Nice review
There was a case in Texas were a man blindly shot into a tow truck that was doing a legal repo of his truck, he killed the tow truck driver an was cleared of all charges because of Texas state law allowing you to use deadly force to protect your property
What about if cops r trying to break in ur house without Warrant
You better stay out of wyoming county they will give you life for defending yourself there. Especially the new sheriff he hates civil rights.
No duty to retreat and the right of self defense or denfense of another Applies to the home or in any place public or priviate where a person has a legal right to be. Stores, Parking lots etc… WV code 61-2a-2, 4 c. …WV Code 55-7-22 c.
Brilliant video 👍
What has always bugged me about these laws is I understand not wanting to encourage deadly force without reason but unfortunately you cannot ask the intruder to state their purpose and intention to verify their deadly force. If they brandish a weapon then my attempts to use common sense may have arrived much too late and we might as well have taken ten paces and the attacker turned on their 7th pace to shoot me in the back. How can you determine the use of deadly force for an intruder when the very idea of any intruder makes the situation unpredictable in the face of common sense?
Keep up the good fight! We are glad to have you on our side. God bless you!
Thanks for the videos. I found your Putnam County illegal search video on Reddit and subbed. What do you believe would happen if a person "stood their ground" in an establishment with a no gun policy?
Definitely need to be able to use deadly force to protect your property. Your property is an extension of your work and well being as far as I’m concerned and no one has right to steal it. Then again, Thry could be grounds for stopping the govt from stealing form you. 😂
Thank you for sharing your thoughts on this subject !! 🤡👍👍🍩🍩🍩