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-   -   Loophole in NC castle doctrine closed!!! (http://www.firearmstalk.com/forums/f97/loophole-nc-castle-doctrine-closed-44549/)

vincent 06-30-2011 10:56 PM

Loophole in NC castle doctrine closed!!!
 
A great day for firearm owners here in NC. Legislation goes into effect Dec. 1 and it's about time, finally someone is getting it right. The changes now shift the burden of proof from the homeowner to the prosecution in cases where deadly force was used in a home invasion. 1)-The old laws state that once an intruder enters your home, you have to prove he was there with the intent to commit a felony (even though his unauthorized presence in your home IS a felony) before you are allowed to use deadly force. From a legal standpoint, you were much better off shooting him through the door BEFORE he gains access (count how many basic gun rules that breaks!) as his attempts to access your home are considered felonious. With the burden of proof shifting to the prosecution, your use of force will not be dissected at every turn in court and no jury that I know of will side with the guy that just kicked in your door. Then again, you never know... 2)- The changes also apply to your vehicle as well. Your car door is one in the same as your front or back door (or window for that matter) in your home, which the same rules for deadly force apply. 3)- In public, (not in your car) before the changes, you are under obligation to retreat when a significant threat presents itself...not anymore!!! As long as the threat is there, you no longer are obligated to turn tail and flee and are well within the law to defend yourself. Removing yourself from a dangerous situation is ALWAYS the best thing to do but sometimes, you just can't, and I'm grateful the NC legislature sees it the same way. Don't know how many firarmstalk users here in NC have heard about the changes, just thought I'd throw it out there. Always check your local laws yourself on the state website and BE INFORMED!!! Don't just listen to some guy (me) on the internet!!

AcidFlashGordon 07-03-2011 11:51 AM

Basically a "full on" Castle Doctrine where you can protect yourself with up to and including deadly force wherever you have a right to be, including home, office, car, shopping, etc.

Sniper03 07-03-2011 02:41 PM

That is great! Obviously the Liberal Democrats are not making the decisions in NC. It's about time the US got back to making sense for the victim not the perpetrator. Bash in my front door and you will get a one way ticket to the morgue. I think the US public in general is totally feed up with what has been going on in the recent past!
I like the stickers I see and have bought a couple myself! "Don't Tread On Me"
God Bless America!:D
03

spittinfire 07-03-2011 03:20 PM

I've been waiting for that change for a long time. Up until now I've just decided that if protecting my family ment I could possibly get into trouble it was worth the risk.

vincent 11-19-2011 04:39 PM

...bump...for those in NC who haven't heard and newer forum members, the law changes in 11 days...finally...Just a friendly reminder

sharpshooter1sg 11-29-2011 01:51 AM

Agreed
 
Quote:

Originally Posted by Sniper03 (Post 533691)
That is great! Obviously the Liberal Democrats are not making the decisions in NC. It's about time the US got back to making sense for the victim not the perpetrator. Bash in my front door and you will get a one way ticket to the morgue. I think the US public in general is totally feed up with what has been going on in the recent past!
I like the stickers I see and have bought a couple myself! "Don't Tread On Me"
God Bless America!:D
03

Can't say it any better. One of the best parts of this legislation is the sorry SOBs family can't sue you in civil court for ending his/her sorry existance...

HOOAH!

vincent 12-01-2011 02:36 PM

Another shameless bump but this is important, here is a link to the final draft that was signed by the...ahem...governor. Still more to go here in NC but this is a big step in the right direction.

http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H650v6.pdf

AWDeanSr 12-01-2011 02:51 PM

Next up, we need the NC legislature acknowledge our right to carry in restaurants and while taking our children back and forth to school!

vincent 12-01-2011 03:00 PM

Quote:

Originally Posted by AWDeanSr (Post 640959)
Next up, we need the NC legislature acknowledge our right to carry in restaurants and while taking our children back and forth to school!

Yessir, that's the "more to go" I was talking about. Still, I'm not complaining, lots of other folks have it worse in the anti-states.

Judah_BenHur 12-01-2011 03:09 PM

Awesome!
 
Where's my dancing bannana smilie? :D
Good stuff Vincent...many thanks for the update. Fortunately...I live in an area that is extremely pro-gun/anti bad guy. So capping a perp that's got it coming for obvious reasons usually results in honorable mention rather than prosecution.
I really like how it also includes the "workplace". I'm am Electrician, and it's been known to happen that bad guys will call you out to a job, and then roll you. They think that electricians have and carry lots of money, which we don't, we're broke like everyone else. So "workplace" for me means just about anywhere I am during the work day.


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