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Published: 2011-06-30 18:00:00
Updated: 2011-06-30 19:49:41

Gun rights group: Castle Doctrine 'not a make my day law'


Pro-gun measures moving through legislature
Pro-gun measures moving through legislature
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The idea that a man's home is his castle dates to the 18th century. In law, it is codified as the right to defend one's home from intruders without fear of being arrested. North Carolina lawmakers recently voted to expand that right.

Paul Valone, president of gun rights group Grass Roots North Carolina, knows guns and the Castle Doctrine. He wrote the original law currently on the books.

“The important thing to note is that Castle Doctrine is not a make my day law,” he said.

Under current state law, before homeowners can use deadly force against someone, they must have a reasonable belief that the intruder intends to kill or seriously hurt them.

Effective Dec. 1, gun owners will have less guesswork. The update to the law flips the burden of proof from the homeowner to prosecutors. If someone unlawfully crosses a homeowner’s threshold, whether there's a weapon in the intruder’s hands or not, it's automatically presumed that the person is a violent intruder.

“So, under Castle Doctrine, there’s a legal presumption that if he’s here, inside forcibly and unlawfully inside, he’s here to do me harm. And at that point, I can respond with deadly force,” Valone said.

However, there are limits in the new law. If the intruder tries to leave, the Castle Doctrine no longer applies. The bill also includes the right to defend your car and workplace, but you can't just pull a gun on anybody walking by.

“(The intruder) has to forcibly and unlawfully try to enter the vehicle,” Valone said.

Part of the law will also apply outside people’s homes – an alley, a mall, anywhere that person has a legal right to be.

Under the law, if a perpetrator runs up to someone with a bat, that person would first have to try to run away. The new law removes the duty to retreat. If the person felt the perpetrator could kill or cause harm, he or she could use deadly force, if necessary.

However, prosecutors can still argue that the threat wasn’t real.

“Castle Doctrine is not a get out of jail free card,” Valone said.

The law that updates the Castle Doctrine makes these other changes to gun laws in the state:

  • District attorneys, assistant district attorneys and DA investigators can carry concealed handguns in courthouses, but not in courtrooms.
  • If a person is found with a gun of any kind (open or concealed) on school property or at a school-sponsored event, they are only guilty if they knowingly brought it on campus.
  • A sheriff has to either issue or deny a gun permit within 45 days, down from 90 days.
  • People can carry a concealed handgun on the grounds or waters of state parks.
  • People can purchase a gun in another state as long as they under go a background check for that state, including an inquiry of the National Instant Background Check System.

 


197 Comments


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Latest Comments
hearandnow > I am sorry that you were not here when the discussion was occuring and you would have seen that my comment was referencing concealed carry and alchohol.

But you have proven that you are not fit to carry so please do not ever buy a gun. For someone to come up with scenarios like you did in your mind shows a complete and utter instability. I do not beleive that you have the self control or responsibility level needed to own a gun.

As two your two completly moronic and extreme situations I would say this -

A.) I have been around guns my whole life and I have been around gun owners my whole life. I have never known one of them to be arrested for firing a girl scout or shooting someone for turning around in their driveway.

B.) I think you need help in getting whatever the deep seated issues you have out. That is going to burn you up inside.

Hereandnow99, obviously you chose to express an extreme viewpoint on this – this can of course be taken on any issue. No matter the law, it will never cover 100% of all situations. What we do is want the majority of the situations covered, and those of us with rational heads on our shoulders are happy to see that this law is back on the side of the innocent. If you disagree, then just look at recent postings about voilent home invasions: http://www.wral.com/news/news_briefs/story/9819891/ http://www.wral.com/news/news_briefs/story/9813641/ http://www.wral.com/news/news_briefs/story/9810058/ http://www.wral.com/news/news_briefs/story/9804725/

@yep I carry said, “It is still illegal to have a drop of alcohol in your system and posses a firearm. Seems fair as well.”

Explain this to me, please. Wouldn’t this require that every gun owner never touch alcohol in his home? (or take pain or sleeping pills)

What happens if you have a “drop of alcohol” in your system and someone unexpectedly enters your home? It could be a burgular, your child home early for spring break, your wimpy neighbor who was scared of a sound he heard in his backyard, ...

And there you are in your castle...a little tipsy...with a loaded gun...

Well...you’re good to go. Take that safety off and let ‘em have it. I mean, if they’re friendlys, they should have called first...

45ACP said, "If someone is in my house unlawfully, I FEEL THRETENED!!"

Really? So, the girlscout who saw your cute puppy in the foyer and couldn't resist opening the door to pet him...she "THRETENs" you? Or, the frail 80 y.o. mentally "slow" neighbor who stumbles in your door in his boxers and without his dentures...he "THRETENs" you?

Well...you're in luck. You can blast away now. You don't have to think at all. You don't have to justify your shooting to anyone. Great job. Oh, you may want to avoid shooting the puppy...or not.

I think it's about time we received some increase in our liberties, instead of the usual which is increase in government power. Especially in the case of defending yourself, your home and/or your family. With the current state of the economy crime is on the rise. If you look at the statistics for NC Crime you will find that B&E is rapidly increasing. I Have no desire to take another person's life and if the neighbor kid breaks in my house and steals my blender I will let him and call the cops, but if someone comes up the stairs the my bedroom they obviously want more than the blender and thus they will get more.

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