View Full Version : NC expands Castle Doctrine
Dietrich
07-01-2011, 01:47 AM
Under current law in NC,if a person unlawfully enters your home you must determine whether or not that person means to seriously harm or kill you before you can legally use deadly force.After December 1st,you may automatically assume he [or she] is there to harm you and the use of deadly force can be justified.However,if the perp turns and tries to run,disengageing himself from the invasion,you may no longer legally use deadly force.It is not a "Make my day" law.It also expands the right to defend yourself from unlawful invasion of your vehicle by a carjacker or other violent criminals trying to gain entry to your car while you are in it.There are also expanded rights to carry while in state and city parks. It expands your right to self defense to include anywhere you are lawfully allowed to be.Under current law,a chl holder is required to retreat from a violent confrontation before using deadly force to protect themselves.That means if I`m say,at the mall, and a guy is coming at me with a baseball bat,I have to try to run away from him before I can legally use deadly force for defense.The new law does away with that requirement,thank God.This is not a get out of jail free card.These are common sense improvements to NC law and there is no one happier than I am about them.More improvements are being debated among the state legislature members and hopefully will make it into law soon.
crazymailman
07-01-2011, 04:02 AM
I was surprised that the bill was actually signed.
Dietrich
07-01-2011, 05:27 AM
I was surprised that the bill was actually signed.
You ain`t the only one.Even the democrats are uncertain as to what Bev Purdue will or will not veto.I think she knows she`s on shaky ground for re-election and is trying to shore up some new support.Let`s see what happens when the carry in alcohol serving restaurants part comes up.
deadhead1971
07-01-2011, 06:13 AM
Bev was endorsed by the NRA. Google it. I had heard she is a life-time member. Not sure about that last part.
there are other goodies in HB 650...I heard they will take up HB 111 in the short session. HB 111 was up for a 3rd reading in the Senate but it was pulled from the schedule at the last minute for "discussion only." I have been told that this may have been a strategy. HB 650, with all its goodies, flew under the radar. The media did not pick it up until the end, and by that time, it was too late for the opponents to organize. HB 111 was a decoy.
did a short video on HB 650
http://www.youtube.com/watch?v=3WuatqNy0Wo&feature=channel_video_title
deadhead1971
07-01-2011, 06:36 AM
News media: http://www.wral.com/news/state/nccapitol/story/9805007/
rholmes69
07-01-2011, 08:06 AM
Just want some clarification on the city and town parks portion. My understanding is that we can now carry there, but you can't carry on the playground, athletic field or athletic house IF their is a posted sign. So if I went to Lake Wheeler and was fishing on the banks with my daughter, I could carry. But if we go up to the playground and a sign is posted no guns, then I would have to stow in my truck. Is this the correct interpretation?
deadhead1971
07-01-2011, 09:13 AM
Yes, that is my understanding. And if there is no sign, you can carry on the playground.
BeyondTaboo
07-01-2011, 10:04 AM
So proud/Happy to live in NC. Now I never have to leve my CW9 at home!
One of the benefits of living in Colorado for the last two decades has been our strong Castle Doctrine law.
Glad to hear NC has really joined the club.
PA also just signed into law an, as I understand it, absolute no duty to retreat Castle Doctrine law. Meaning if you are in a place you have a right to be you have no duty whatsoever to retreat from a threat. If truly so, good on them!!! Do plan to immediately research it a bit further since I'll be there late next week, with handguns, and have a non-resident PA carry permit.
Thunder71
07-01-2011, 07:05 PM
Can we borrow your mayor, ours is an idiot.
Interesting side story -
Florida recently changed the "flee" part of the law as well as the castle doctrine part. Its similar to, but less restrictive than the NC law.
We had a case, where an individual was harassed by two people in a truck while walking his dog on a public highway. He tried to avoid the truck, but the truck went off the road "to scare him". He fired shots at the truck, from in front of it, fatally shooting both occupants. He emptied his high capacity 9mm handgun. He was promptly arrested, held for several months. No bail was allowed. During that time, he lost his job. His dog was impounded, and destroyed by the county. His house was torched, clearly arson, presumably by persons seeking revenge for the killing of the two persons in the truck. His case was thrown out by the judge, but not before his life was ruined. Now the county is seeking reimbursement for fire services, and taxes on the property, and have filed a lien on the same, seeking to take his lot from him.
Just sayin.... the whole thing isn't right, but thats how it goes.
Dietrich
07-09-2011, 02:52 PM
Interesting side story -
Florida recently changed the "flee" part of the law as well as the castle doctrine part. Its similar to, but less restrictive than the NC law.
We had a case, where an individual was harassed by two people in a truck while walking his dog on a public highway. He tried to avoid the truck, but the truck went off the road "to scare him". He fired shots at the truck, from in front of it, fatally shooting both occupants. He emptied his high capacity 9mm handgun. He was promptly arrested, held for several months. No bail was allowed. During that time, he lost his job. His dog was impounded, and destroyed by the county. His house was torched, clearly arson, presumably by persons seeking revenge for the killing of the two persons in the truck. His case was thrown out by the judge, but not before his life was ruined. Now the county is seeking reimbursement for fire services, and taxes on the property, and have filed a lien on the same, seeking to take his lot from him.
Just sayin.... the whole thing isn't right, but thats how it goes.
Things like this just stick in my craw.I don`t trust the government at any level.In my opinion,government officials are more crooked and more of a cancer on society than the mafia is.
MikeyKahr
07-09-2011, 05:52 PM
Dietrich, how dare you group the two groups together - that comparison unjustly gives the mafia a bad name!
As Masaad Ayoob has written so many times, your life will be forever changed after a shooting... justified or not. I guess the only way to find out how it will be changed is to SURVIVE and live thru it!!!
kahrseye
07-19-2011, 08:39 PM
One of the benefits of living in Colorado for the last two decades has been our strong Castle Doctrine law.
Glad to hear NC has really joined the club.
PA also just signed into law an, as I understand it, absolute no duty to retreat Castle Doctrine law. Meaning if you are in a place you have a right to be you have no duty whatsoever to retreat from a threat. If truly so, good on them!!! Do plan to immediately research it a bit further since I'll be there late next week, with handguns, and have a non-resident PA carry permit.
PA also took their law one step further. If you kill or wound someone and it is ruled justified, that person if wounded or his family, if he were killed cannot bring legal action against you (can't sue you in civil court). This is a great piece legislation, which was actually passed by the previous legislature but Democrat Gov Rendell would not sign it. :D
As Masaad Ayoob has written so many times, your life will be forever changed after a shooting... justified or not. I guess the only way to find out how it will be changed is to SURVIVE and live thru it!!!
He's both right and not...depending on location, location/circumstances/legal access/and personal mindset.
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