Castle Doctrine for NC

[davem]

Just received this email from Senator Berger and thought I would share with everyone. Notice the last sentence..."This act becomes effective December 1, 2007"

----------------------------------
GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

S
D

SENATE DRS85277-LH-80 (02/07)


Short Title: Castle Doctrine for NC.

(Public)

Sponsors: Senators Brock, Berger of Franklin and Snow.

Referred to:


A BILL TO BE ENTITLED

AN ACT to clarify when a person may use force to defend himself or herself or another person or to prevent the imminent commission of a forcible felony.

The General Assembly of North Carolina enacts:

SECTION 1. Article 6 of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14-18.10. Use of force in defense of person; immunity from criminal prosecution and civil action for use of justifiable force.

(a) For purposes of this section, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant.

(b) A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force.
However, a person is justified in the use of deadly force and does not have a duty to retreat if:

(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or

(2) Under those circumstances permitted pursuant to G.S. 14-51.1.

(c) A person who uses force as permitted in subsection (b) of this section is justified in using such force and is immune from criminal prosecution and civil action for the use of such force. A law enforcement agency may use standard procedures for
investigating the use of force as described in subsection (b) of this section, but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful. The court shall award reasonable
attorneys' fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in this subsection."

SECTION 2. This act becomes effective December 1, 2007.

[Pinki]

Does that mean it's law?

[davem]

Not yet... This bill has been filed by the Senate, if it gets passed it would become law in December of this year. Let's keep our fingers crossed!!!

[NC Bullseye]

There are two different bills in this session on the Castle Doctrine so read both before supporting one or the other. Here's a link to get two both bills, one in the house and the other in the senate.

NC Castle Doctrine House & Senate 2007 (http://www.ncleg.net/gascripts/BillSearch/BillSearch.asp?typeToSearch=ALL&chamberToSearch=&sortBy=relevance&sessionToSearch=2007&searchCriteria=castle&submitButton=Go)

And don't forget House bills 830 and 831 for the carry in parks and also in restaurants that serve alcohol.

[concealedcarry]

Even though Senator Snow is a co-sponsor of the "Castle Doctrine" bill, he is also a co-sponsor of some very ANTI GUN legislation proposed by Senator Boseman of New Hanover County. If Senate Bill 8 passes you cannot take a firearm into McDonalds due to the playground that is usually attached to the restaurant. You may read the full bill here. Contact your reps and help get this bill defeated NOW!

http://www.ncga.state.nc.us/Sessions/2007/Bills/Senate/HTML/S8v1.html

For those of you who do not wish to read the complete bill, here is the part will cause us to have to leave our guns at home when we go out for a happy meal.

"§ 14‑269.5. Possessing or carrying firearms in public parks, in child care centers, or on playgrounds.

(a) Definitions. – The following definitions apply in this section:

(1) Child care center. – A child care center as defined in G.S. 110‑86(3)a., and that is licensed by the Secretary of the Department of Health and Human Services.

(2) Playground. – Any outdoor facility (including any parking lot appurtenant thereto) intended for recreation open to the public, and with any portion thereof containing three or more separate apparatuses intended for the recreation of children including, but not limited to, sliding boards, swing sets, and teeterboards.

(b) Offense. – It is unlawful for any person to possess or carry, whether openly or concealed, any gun, rifle, or pistol in any public park, in any child care center, or on any playground.

(c) Exemptions. – This section shall not apply to the following:

(1) A person exempted by the provisions of G.S. 14‑269(b).

(2) Firefighters, emergency service personnel, North Carolina Forest Service personnel, and any private police or security guard employed by the owner, lessee, or manager of the playground or child care facility, when acting in the discharge of their official duties.

(d) Penalty. – Any person violating this section is guilty of a Class 1 misdemeanor."

SECTION 4. This act becomes effective December 1, 2007, and applies to offenses committed on or after that date.

[BigWaylon]

Originally posted by NC Bullseye
And don't forget House bills 830 and 831 for the carry in parks and also in restaurants that serve alcohol.


December 1, 2007 is the listed effective date for both of those as well, should they pass...

Greg

[Cannibal Roses]

Forgive me for my ignorance, but how is the best way to show your support for/against these bills? Is there a Carolina Pro-Gun website that publishes action letters or anything similar???

[NC Bullseye]

Originally posted by Cannibal Roses
Forgive me for my ignorance, but how is the best way to show your support for/against these bills? Is there a Carolina Pro-Gun website that publishes action letters or anything similar???

Just go to www.ncleg.net and on the main page they have a place to look up your reps. When you find out who they are, do a triple tap on them. Email, Snail mail, and phone them. Tell them your a voter in their area and want them to support the bills you want to support or tell them what your against. Takes some time but well worth it.

[Pinki]

SECTION 1. Article 6 of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14-18.10. Use of force in defense of person; immunity from criminal prosecution and civil action for use of justifiable force.


Can someone clarify for me. Does this mean we will be immune from civil suits if we are forced to use deadly force?

[concealedcarry]

Basically yes, if your use of deadly force did not violate state laws. Often times people are sued civilly even though there was no state criminal violation. Passaage of this law should prevent that type of civil action.

[Pinki]

:thumbsup:

[Glocks&Ducs]

Originally posted by Pgrl
Can someone clarify for me. Does this mean we will be immune from civil suits if we are forced to use deadly force?

Not only would you be immune from civil suits, you also would not automatically be brought up on charges, and have your fate decided by a grand jury as you currently would. In other words, if you shoot someone now, even if justified under current NC law, you are being arrested, going to court, and probably jail. Basically, you are a criminal until proven otherwise. The average schmuck like me would be in debt the rest of my life, defending myself in court, for doing something I was legally justified in doing in the first place. This law changes it to the way it should be.

[Thunderbear]

Originally posted by Cannibal Roses
Forgive me for my ignorance, but how is the best way to show your support for/against these bills? Is there a Carolina Pro-Gun website that publishes action letters or anything similar???


Try Grass Roots NC

http://www.grnc.org/


I'm surprised that this is the first I've heard of the Castle bill.