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Special Assignment: 'Stay Out Or I'll Shoot'

W.Va. Law Gives Right To Use Force Against Trespassers

A new law in the state of West Virginia gives citizens the right to meet force with force if they feel their home or family is being threatened.

The Castle Doctrine passed the state legislature overwhelmingly, and when it hit Gov. Joe Manchin's desk, his signature made it effective immediately.

"It's if you're feeling threatened," said Delegate Randy Swartzmiller (D) of Hancock County.

Swartzmiller said passing the Castle Doctrine in March was a no-brainer for legislators. He said it simply gives West Virginians more rights.

"If they're coming at you with a gun or you feel you're being threatened by a weapon, you can meet them with equal force," said Swartzmiller.

Joe Roxby, a retired Wheeling police officer, agrees with the law. "Self defense is a very strong instinct. People should be allowed to take care of that," said Roxby.

But just because the law gives West Virginians the right to defend themselves, doesn't mean all trespassers are in danger.

"You shooting the paperboy at eight o’clock in the morning is far different than someone breaking into your home at three o’clock in the morning," said Roxby.

Instead, supporters said it's about those tense moments in the middle of a dangerous situation when you don’t have time to think – just react – before help is on the way.

"That two minutes, five minutes, 10 minutes that it takes them to get there. It's an eternity when you're literally under the gun," said Roxby.

Agree or disagree, the fact is, for West Virginians it's law -- aimed at protecting your rights when you protect yourself.

"Someone can't come back and sue you for protecting yourself, your family, or your property," said Swartzmiller.

The Castle Doctrine is also being considered in the Buckeye State. Sen. Jason Wilson is a co-sponsor of the bill, which passed the Senate overwhelmingly last week and has since moved to the House. Wilson said the governor does support the bill.

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