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Virginia: Can I Use Force Against Someone Burglarizing My Car?

 

When can I use force against someone burglarizing my car in Virginia?

Law Shield Member Ambassador Sherry Hale:

Welcome members and fellow gun owners. In the last Members Voice video, our member Tyler witnessed a criminal breaking into his car. Tyler drew his gun and the bad guys ran away.

The legal questions started pouring in, and members, you wanted to know your legal rights in your state. So here’s your U.S. Law Shield Independent Program Attorney to give you insight on what the law says.

U.S. Law Shield Independent Program Attorney Ed Riley:

Hi, my name is Ed Riley, and I’m a U.S. Law Shield Independent Program Attorney for Virginia.

We often get asked “What can I do if I see somebody breaking into my car when it’s in my driveway or on the street near my house?”

The first thing I want to make very clear is that you CANNOT use deadly force or the threat of deadly force to defend personal property such as a car or items in a car.

What we recommend in this situation, is that you call 9-1-1, and get the authorities to your location as soon as possible.

In the event you decide to intercede and approach the bad guy that’s taking your property, you must proceed very cautiously. Virginia does not allow you to commit an offense to defend that property, such as assault and battery or brandishing of a firearm.

The law does allow you to use as much force as reasonably necessary to protect your property, as long as you do not commit such an offense as assault and battery or a breach of the peace.

In the event you decide to intercede and approach the bad guy to defend your personal property, you must proceed very cautiously, because these situations move quickly and you could become the victim of an attack at which point you would be entitled to defend yourself with the use of reasonable force.

If you need to know more about that type of situation, you can view other videos such as these, or our book “Virginia Gun Law Armed and Educated.”

Law Shield Member Ambassador Sherry Hale:

Educating you is the cornerstone of U.S. Law Shield. Thank you for being a part of our family.

Comment section

1 comments on “Virginia: Can I Use Force Against Someone Burglarizing My Car?

    Looks like the perf has all the advantages if you defend yourself and your property. You can call the police who will show up within an average 18 minute period thus causing you to lose you car of valuables inside, or you can intercede and possibly escalate the situation to the point that the perf threatens you and you can shoot him, hopefully. Looks like the law favors the bad guy.

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