BY WESLEY P. HESTER

Legislation that would allow homeowners to shoot intruders first and ask questions later is all but assured to pass the House of Delegates Thursday after advancing to its final reading on a voice vote.

House Bill 48, sponsored by Del. Richard P. “Dickie” Bell, R-Staunton, would prevent the criminal prosecution of homeowners who use physical or deadly force against an intruder if they fear bodily harm.

Democrats railed against the measure, pointing to various scenarios in which it could be used to justify killing an ex-girlfriend, or even a girl scout.

Del. David B. Albo, R-Fairfax, joined in the opposition, noting that the so-called “Castle Doctrine” has been common law in Virginia for more than 400 years.

Bell’s bill would essentially codify that, but remove “reasonable response” as a condition of using such force, meaning the homeowner’s response must be proportional to the intruder’s actions.

“If the girl scout throws some cookies at you, you can throw cookies back at her,” Albo explained the existing common law. “If you believe that you you’re going to be injured seriously…you can blow the person away, as you well should.”

Albo and Democrats argued that such a clause was necessary to prevent the law from being used to defend homicide under complicated scenarios.   

“The world is not black and white,” Albo said. “The world is gray. Situations matter. Situations are different.”

The Senate passed similar legislation last week, all but assuring that the legislation will clear the General Assembly.

A related measure — House Bill 14, sponsored by Del. Gregory D. Habeeb, R-Salem – also advanced to its final reading on a voice vote. It would protect the homeowner from a civil lawsuit in similar circumstances.