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  #1  
Old 04-01-2020, 07:29 PM
Tenring1911 Tenring1911 is online now
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Store Employee being charged

Need more info and not sure of the laws there but, just by what I read here might not be looking like a good shoot.

https://www.arlnow.com/2020/03/29/po...ould-be-thief/
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  #2  
Old 04-01-2020, 07:39 PM
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STORM2 STORM2 is online now
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He left. Then reentered! No retreat is one thing, going back is another.
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Old 04-01-2020, 08:32 PM
Timbo3 Timbo3 is offline
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I think a good attorney will get him off if he can afford one. He was sleeping there and had actually established it as a residence so depending on VA law castle doctrine may apply.
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  #4  
Old 04-01-2020, 08:55 PM
earlwb earlwb is offline
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Not sure about this one, I think there is more to the story that wasn't mentioned.
From what I read and understand is:
Violation of a protective Order sounds like the employee had done some family violence previously. Maybe he is prohibited from possessing a gun. Then the state may have a law that you have to retreat from a threat and can only use self defense if you cannot retreat. Of course shooting someone for stealing may be a crime there too.
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Old 04-01-2020, 09:34 PM
USMM guy USMM guy is online now
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There is no "castle law" in VA.

Quote:
Originally Posted by Timbo3 View Post
I think a good attorney will get him off if he can afford one. He was sleeping there and had actually established it as a residence so depending on VA law castle doctrine may apply.
There is however four centuries of case law that actually protects a legitimate shoot pretty well. Additionally there is no "duty to retreat law in VA either".

We do however prohibit certain people from possession of firearms.
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Old 04-01-2020, 11:36 PM
magazineman magazineman is offline
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What these type of incidents boil down to is this:

Did you HAVE to shoot?

If you truly HAD to shoot you are pretty much beyond blame.

But if you fired without an absolute need to do so...........well........... you might now be the OTHER criminal in the situation. I think this guy is going to be in trouble.

Also note this: many guys here claim "Any intruder in my home is getting shot" and that the law says that this is okay. --------------- But that is not 100% true.

If your intruder is discovered asleep, then shot, you may be in trouble.
If they are fully surrendering, then shot, same thing.
If it's a blind lady with a white cane & a seeing eye dog, see above.
If it's after a 20 minute argument, or it's a little kid, etc etc.

There are plenty of possible situations where you can face charges, as steep as murder, for shooting an intruder in your home. Someone being uninvited is not Carte Blance to kill them.

Save that for when you NEED to.
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