CHARLESTON, WV (LOOTPRESS) — A newly introduced bill in the West Virginia House of Delegates would expand the state’s Castle Doctrine laws, strengthening legal protections for people who use force — including deadly force — in self-defense.
House Bill 4878, introduced on January 28, would broaden when and where West Virginians may legally defend themselves, their homes, and others, while also shielding them from both criminal charges and civil lawsuits when force is lawfully used.
What the Bill Does
The legislation clarifies that a lawful occupant may use reasonable force, including deadly force, against an intruder or attacker inside a home or residence if they reasonably believe the intruder could cause death, serious bodily harm, or intends to commit a felony.
The bill also extends those protections beyond the walls of the home to include the curtilage — areas immediately surrounding a residence, such as yards, driveways, and porches — and removes any duty to retreat when a person is lawfully present.
Expanded Self-Defense Rights
Under the proposal, individuals who are not engaged in illegal activity could use deadly force:
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Inside their home or residence
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On the curtilage of their home
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In other places where they have a legal right to be, if they reasonably believe they or someone else face imminent death or serious bodily harm
The bill also clearly defines when deadly force may be used to defend another person, provided a reasonable person would believe such force is necessary.
Legal Protections and Cost Recovery
House Bill 4878 would provide a complete defense against criminal prosecution and civil lawsuits for individuals who lawfully use force under the bill’s standards.
Additionally, courts could award attorney’s fees, court costs, and related expenses to individuals who successfully defend themselves against civil lawsuits brought by intruders or attackers — or who were criminally charged but later acquitted or had charges dismissed due to justified self-defense.
Important Limits
The bill does not protect individuals who:
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Were committing or attempting to commit a felony
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Provoked the violence
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Created dangerous traps or hazardous conditions
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Used force against law enforcement officers acting in the line of duty
What’s Next
House Bill 4878 has been referred to the House Judiciary Committee for consideration. If passed, supporters say it would provide clearer legal protections for law-abiding citizens acting in self-defense. Critics are expected to raise concerns about potential misuse and public safety impacts.
The bill remains early in the legislative process and could be amended before any final vote.
