Wednesday, July 20, 2011

New Castle Doctrine Law

On June 17th, "AN ACT to provide when a person may use defensive force and to amend various laws regarding the right to own, possess, or carry a firearm in North Carolina." became law. S.L. 2011-268.

Castle Doctrine. The new law creates a presumption of fear of death in the home, including the curtilage, the workplace, or a car. Under existing law, a person cannot use deadly force unless there is a reasonable fear death. This law creates a new presumption that if you are in your home, workplace, or car and use defensive force against someone who has broken in, you had a reasonable fear of death. This doesn't apply if the person killed was a co-occupant, a legal custodian, a police officer, or running away, or if the shooter is committing other crimes in the house (think drug dealer).

Basically, if someone breaks into your house/car/office and you are in it, you can kill them. Not because it's OK to kill people for breaking into cars (e.g. you see someone breaking into your car, you can only use non-deadly force to stop them), but because the law now presumes that someone in that situation would reasonably fear that the person breaking into a house/car with them inside will use deadly force against them.

DA's and Guns. DA's, if they have a concealed gun permit, can carry their gun anywhere but court and places banned by federal law.

Minor's and Guns. Increases the penalty to Class 1 for a minor possession a handgun.

Restraining Orders. No longer requires persons with 50Bs against them (restraining orders) to give up ownership of guns. They just can possess or carry them while the 50B is valid.

Soliciting an Illegal Gun Sale. Creates the crime of soliciting, persuading, encouraging, or enticing a dealer or private seller to sell guns or ammunition in violation of the law, as a Class F Felony.

Expands Places You Can Carry a Handgun. OK at state parks, rest stops, and hunting preserves.

Reduces Punishment for Not Carrying Your Permit. Carrying a handgun, but forgot to carry your permit. This is now an infraction, rather than a Class 2 misdemeanor.

1 comment:

Jeanette Kennedy said...

My Son (HN.Norris,Matthew O'Brian) was Killed by his best friend (Tyler Forrest )4000 Ardsley Ct. Greensboro,NC 27407 who invited my son to his house after he came home from Afganistan, serving our Country as a Navy Corpsman, saved many lives during deployment...he had "PTSD" extremely bad and his fiends knew this ...fight broke out over jealous girlfriend ..Tyler Forrest wife b/4 calling 911 got a handgun and gave to Tyler who shot my son 3 times in the chest and side as his wife called can hear my son screaming and nobody helped him.. he was transported to Moses Cone Hospital by EMS ..who never called me..I received a call at 4:30 am from my son,s cell phone from his girlfriend asking me to come pick her up from police car at 4000 Ardsley CT. I ask ...where is my son ? she told me that he had been shot and police would not let her out to give me any details of my son,s condition , where he was taken to so I drive to High Point Hospital at 4:30am (I live alone and he is my only child) only to find out that my son is at Moses Cone Hospital and in very sick is the exact words I heard..I drive from HP to Gsbo Moses Cone where the chaplain met me at ER door ,took me in a small dark room where a doctor came in to tell me that my son proably is not going to make it... 3 hours later tells me the horrible news that my son in fact did not make it and died in sugery.I had NO One with me and No info of what happened ,I was all alone to hear my ONLY CHILD WAS DEAD due to 3 gunshot wounds by his bestfriend who in 3 hours was cleared and called Justifiable Homicide because of this NEW "CASTLE LAW" now he and the other 3 in the house all blew over a .21 alcohol can this law clear this MAN who MURDERED my son while this "DRUNK" be aqquitted for "MURDER" this is my question ...Jeanette Kennedy.. 336-905-4023 my son Matthew O'Brian Norris ."Murdered 01/19/2013 at 40000Ardsley CT.Gsbo,NC. 27407