NC Restaurant carry

This is a discussion on NC Restaurant carry within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; we need to get on this train in nc. virginia is fixing their law and we need to be next. our carrying rights in nc ...

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Thread: NC Restaurant carry

  1. #1
    New Member Array mackers's Avatar
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    NC Restaurant carry

    we need to get on this train in nc. virginia is fixing their law and we need to be next. our carrying rights in nc are way too restricted.

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    mods i hope the link is ok- if not i will take the slap on the hand

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  3. #2
    VIP Member Array NC Bullseye's Avatar
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    This is an old link and the bill has died in committee.

    No new bills yet.

  4. #3
    New Member Array mackers's Avatar
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    Quote Originally Posted by NC Bullseye View Post
    This is an old link and the bill has died in committee.

    No new bills yet.

    i know it has. if you look at the last post, i believe it links to the committee that killed the bill. the next step is to vote these guys out of office this november.

  5. #4
    VIP Member Array NC Bullseye's Avatar
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    Why link to a dead thread instead of to the bill that died? That would give you ALL of the info instead of playing leap frog. There were several bills by different reps that died in the last session. If you want action, write the good reps that started it last time and ask them to do it again. Then hound the committees via phone and US mail. Email is a start but a voice on the phone and a written letter gets far more attention.

    Voting is good but it's far more effective in the short term to work the ones we have.

    You're preaching to the choir here. There was the Castle Doctrine that died, carry during a state of emergency, etc. all of which were heading in the right direction.

  6. #5
    New Member Array mackers's Avatar
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    u obviously know what your talking about, but why mess with the same old clowns as shown by your own list of failed bills that are not getting the job done in our state government. keep the good guys, but get rid of the ones who are causing the problems during this important election year.

  7. #6
    VIP Member Array chiefjason's Avatar
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    Quote Originally Posted by NC Bullseye View Post
    There was the Castle Doctrine that died,
    It's on life support but not dead yet. It is still up for the upcoming short session this year. It passed the cutoff date that killed the others, but it is stuck in Deborah Ross's committee. Not sure that she will allow it out though. So until the end of the upcoming session it's a possibility. After that, it's done if not passed out of committee. At least I think that's how it goes.

    The short session starts May 12, 2010.

    Here is the Judiciary I committee contact info. It is Senate Bill 928 Castle Doctrine. Tell them to schedule to hear it in the committee. Ross will not even bring it to the table to be heard.

    North Carolina General Assembly - Judiciary I (House Standing Committee)
    I prefer to live dangerously free than safely caged!

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  8. #7
    Member Array DZcarry's Avatar
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    Correct me of I'm wrong, but don't we already have something quite similar to the castle doctrine just without civil suit protection?

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    Senior Member Array Landric's Avatar
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    Quote Originally Posted by DZcarry View Post
    Correct me of I'm wrong, but don't we already have something quite similar to the castle doctrine just without civil suit protection?
    The Castle Doctrine is a common law concept, and therefore it does apply in North Carolina. The advantage to specific castle doctrine legislation is that it spells out the specifics in statutory law and leaves the whole thing less open to interpenetration by judges, DAs etc. We do have a forcible entry statute that provides legal occupants some additional protection above that of common law, but its not a Castle Doctrine statute per sae.
    -Landric

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    Member Array BigBear's Avatar
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    Right now the forcible entry statute only allows you to assume intended bodily harm DURING an attempted break in. Once the assailant gets inside, you can only meet force with like force. The Castle Doctrine Bill would have allowed you to make the same assumption once the bad guy is inside.
    " In theory, reality and theory are the same. In reality, they are not."

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  11. #10
    Member Array DZcarry's Avatar
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    Thank you both for spelling that out. :)

  12. #11
    Member Array DZcarry's Avatar
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    Quote Originally Posted by BigBear View Post
    Right now the forcible entry statute only allows you to assume intended bodily harm DURING an attempted break in. Once the assailant gets inside, you can only meet force with like force. The Castle Doctrine Bill would have allowed you to make the same assumption once the bad guy is inside.
    BigBear, I think the current statue offer a bit more protection than that.

    While it is ambiguous, I think it would be quite easy fight off any jail time for defending yourself against an intruder once he/she is in the house. Since we have the right to use deadly force to prevent an entry and sense we are not required to retreat it is a reasonable assumption that the use of deadly force upon a BG in the act of committing a felony is self-defense.

    Even still, I wish the law was much more clear. That would be a seriously costly legal battle even though you'd probably win...

    NC GENERAL STATUTE 14‑51.1. Use of deadly physical force against an intruder. (This is commonly called the "Castle Doctrine.")

    (a) A lawful occupant within a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry (i) if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence, or (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.

    (b) A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder in the circumstances described in this section.

  13. #12
    VIP Member Array chiefjason's Avatar
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    Quote Originally Posted by DZcarry View Post
    Even still, I wish the law was much more clear. That would be a seriously costly legal battle even though you'd probably win...
    Exactly! That's why we need to get this pushed through. I know I would not have any legal problems in my county or town. I'm very confident in that. But the possibility still exists. And that possibility of legal action needs to go away. Plus the civil protection is a great asset.
    I prefer to live dangerously free than safely caged!

    "Our houses are protected by the good Lord and a gun. And you might meet 'em both if you show up here not welcome son." Josh Thompson "Way Out Here"

  14. #13
    Member Array BigBear's Avatar
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    It's that serious legal battle and that civil litigation that would be precluded if the Castle Doctrine were strengthened as was proposed. I don't have near as much faith in a jury as I once did. It shouldn't cost me my life savings to defend my loved ones without going to prison.
    " In theory, reality and theory are the same. In reality, they are not."

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  15. #14
    Member Array CS33's Avatar
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    Quote Originally Posted by DZcarry View Post
    BigBear, I think the current statue offer a bit more protection than that.

    While it is ambiguous, I think it would be quite easy fight off any jail time for defending yourself against an intruder once he/she is in the house. Since we have the right to use deadly force to prevent an entry and sense we are not required to retreat it is a reasonable assumption that the use of deadly force upon a BG in the act of committing a felony is self-defense.

    Even still, I wish the law was much more clear. That would be a seriously costly legal battle even though you'd probably win...

    I think he is right.....bigbear that is. According to my CCW instructor 4 years ago (he is also a firearms trainer in Navy, and local L.E. Agencies), you can shoot someone through the door of your house if they are beating on it and you think they will be coming through to harm you. However, once they have gained entry and are not posing an "immenant threat" to your life or someone else's, you cannot use lethal force to stop them unless they pose that "immenant threat" to your life or someone elses.

    In other words, they can break in and say "hey...I'm not going to hurt you, I'm just stealing your tv." You can call Law Enforcement and do what you can to stop them without killing them.....but until they make you fear for your life with some sort of weapon or intent to harm you, you can't react in such a way.

    But like I said in another thread.....I think it was on here....maybe not..... If an intruder comes in your house and you use that lethal force to stop them......once it comes time for a statement from you and the deceased BG...........its your word against his/hers. If you thought you heard them say "I'm going to shoot you, or kill you, or etc....." and you could have sworn they were reaching for a weapon............then you felt your life was being threatened therefore have reason to use lethal force.

    Pretty sure thats the way I remember it.

  16. #15
    Member Array BigBear's Avatar
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    Don't misunderstand. I'm not trying to justify unnecessary use of lethal force. I'm not gonna shoot a man for stealing my TV. (I'm not going to tell him that, though!) However, I don't think it is right for a private citizen in his/her own home to be so in fear of prosecution that they wait until it is too late to take action to save their own life, or the life of one that they love. If you break into my home and find me there, you either turn tail and run, or I must assume you mean me great harm. I shouldn't have to wait until you hit me in the head with your crowbar to decide that you are not a friendly. You wrote the end to that story when you decided to break in.
    " In theory, reality and theory are the same. In reality, they are not."

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