NC CCW May Be Getting More User Friendly

This is a discussion on NC CCW May Be Getting More User Friendly within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Back in July in fact July 21,2007 when I took my concealed weapons class my instructor indicated that NC was going to get a new ...

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Thread: NC CCW May Be Getting More User Friendly

  1. #1
    Member Array Hondov65's Avatar
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    Question NC CCW May Be Getting More User Friendly

    Back in July in fact July 21,2007 when I took my concealed weapons class my instructor indicated that NC was going to get a new law passed in November or December The Castle Doctrine. He explained that Flordia had adopted it and NC was about to get it. Anyone heard anything about this?

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    Member Array Yddnac's Avatar
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    Quote Originally Posted by Hondov65 View Post
    Back in July in fact July 21,2007 when I took my concealed weapons class my instructor indicated that NC was going to get a new law passed in November or December The Castle Doctrine. He explained that Flordia had adopted it and NC was about to get it. Anyone heard anything abouyt this?
    Castle doctrine says there are certain places you can defend from trespass or violent attack with deadly force - it's a form of justifiable homicide. Florida and NC have had the castle doctrine for some time, both in black letter and court precedent. The big difference came in the duty to retreat, which is likely what your instructor meant. In your car or home you no longer have to run in Florida or NC, you can stand your ground to prevent an intruder or attacker from committing a felony.

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    Member Array alyehoud's Avatar
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    Quote Originally Posted by Yddnac View Post
    ... In your car or home you no longer have to run in Florida or NC, you can stand your ground to prevent an intruder or attacker from committing a felony.
    And thank God.

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    Senior Member Array Skygod's Avatar
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    Where have you been hiding the last 5 years ?
    Perhaps your sole purpose in life is to serve as a warning to others.

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    Member Array imatt's Avatar
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    There ARE 2 new bills that are set to be discussed in the next Legislative session...

    HB310 - http://www.ncleg.net/gascripts/BillL...&BillID=hb+310

    HB476 - http://www.ncleg.net/gascripts/BillL...&BillID=hb+476

    Here's what I had written on my personal site about it:




    Two of the most important bills in recent NC history:
    HB310 (link removed)
    HB476 (link removed)


    House Bill 310:

    HB310, sponsored by State Representatives George Cleveland (R-14), Mark Hilton (R-96), and Tim Moore (R-110), would have prohibited any government agency from confiscating or regulating the lawful sale, possession, transfer, transport, and carry of firearms during a declared state of emergency.


    Currently State law declares that during a formally declared State of Emergency, the law-abiding public is not allowed to carry handguns to defend themselves. Not only are law-abiding citizens not allowed to carry, but currently there's nothing in the State Constitution that prohibits the police from confiscating weapons during a State of Emergency. We all have remember what happened when the police disarmed the law-abiding public in New Orleans... only the criminals had guns, and they overwhelmed the police. This bill seeks to remove this bit of idiocy from the State law while fortifying what the 2nd Amendment is all about.


    House Bill 476:

    The “Castle Doctrine” self-defense bill, HB476, sponsored by State Representatives Mark Hilton (R-96), Jim Harrell (D-90), Tim Moore (R-110), and Phillip Frye (R-84), would allow an individual to use deadly force to protect him or herself wherever they have a legal right to be. The bill also provides civil immunity for those who defend themselves from criminal attack.


    This bill is monumental! It's chock-full of self-defense goodness. Currently the Castle Doctrine says that if you're in your house, car or hotel room (may be other exceptions) you don't have to run and hide before deadly force is authorized. This bill, if passed in it's current form, would basically extend your "Castle" to be wherever you legally have a right to go - whether it be school, concerts, restaurants, etc. This is a big one and would greatly impact the rights of conceal carry licensees, as they would easily be able to nearly eliminate "gun-free zones" - or as I like to call them: "Criminal free-reign zones." The second part is easily as groundbreaking as the first. Should a victim be found - by a court - to be perfectly within their rights to use deadly force, currently there's nothing in the law that prohibits civil suits after the fact. A family can still file a wrongful death case and sue even though the person was found to be correct in their actions. HB476 would close this loophole.


    These 2 bills could quite possibly push NC to be one of the safest States in the entire country. As a Democratic Ohio Congressman put it, "There are too many people who are just evil and mean-spirited. They will hurt you for no reason. If more people were packing guns, it might serve as a deterrent." (link removed)

    Unfortunately, both of these bills are considered “dead” until the next legislative session. If I have read the regulations properly, these bills cannot proceed until the 2009-2010 session.

    We can thank the House Judiciary II Committee for dragging their feet on our SAFETY.

    When the time comes, we REALLY need to push these two bills.

    For one, the discussion we had in this thread:
    http://www.defensivecarry.com/vbulle...ad.php?t=34328
    would not need take place!

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    VIP Member Array havegunjoe's Avatar
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    My understanding of Florida's Stand Your Ground law is a little different.

    Quote Originally Posted by Yddnac View Post
    Castle doctrine says there are certain places you can defend from trespass or violent attack with deadly force - it's a form of justifiable homicide. Florida and NC have had the castle doctrine for some time, both in black letter and court precedent. The big difference came in the duty to retreat, which is likely what your instructor meant. In your car or home you no longer have to run in Florida or NC, you can stand your ground to prevent an intruder or attacker from committing a felony.
    I believe it is not limited to your home or car but to anywhere you have a legal right to be and have a gun if you are a permit holder. The same rules apply for self-defense such as fear of GBH or death, no escalation, yada, yada, yada. You can still choose to run it just is not mandatory to do so.
    DEMOCRACY IS TWO WOLVES AND A LAMB VOTING ON WHAT TO HAVE FOR LUNCH. LIBERTY IS A WELL ARMED LAMB CONtestING THE VOTE.

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    Member Array imatt's Avatar
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    Quote Originally Posted by havegunjoe View Post
    I believe it is not limited to your home or car but to anywhere you have a legal right to be and have a gun if you are a permit holder. The same rules apply for self-defense such as fear of GBH or death, no escalation, yada, yada, yada. You can still choose to run it just is not mandatory to do so.

    Not in NC. Current castle doctrine is only your place of residence (home/apartment/hotel room), office or car. In NC you DO have to "retreat" if not in a castle area. The new legislation being discussed in 2009 could remedy the situation. Read the post above yours...

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    Member Array Hondov65's Avatar
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    Quote Originally Posted by imatt View Post
    Not in NC. Current castle doctrine is only your place of residence (home/apartment/hotel room), office or car. In NC you DO have to "retreat" if not in a castle area. The new legislation being discussed in 2009 could remedy the situation. Read the post above yours...
    That's what I thought. My instructor said that Flordia has the toughest gun laws in the nation towards criminals and North Carolina was soon to follow suit.

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    VIP Member Array cphilip's Avatar
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    South Carolina already has passed the Castle Doctrine extending to "any place you have a right to be" and no duty to retreat and including protection from prosecution and civil action. And I believe there are more states already have done so.

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    Tell them to allow carry when dining out, while they're at it. That is a ridiculous law.

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    VIP Member Array havegunjoe's Avatar
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    I was refering to Florida.

    Quote Originally Posted by imatt View Post
    Not in NC. Current castle doctrine is only your place of residence (home/apartment/hotel room), office or car. In NC you DO have to "retreat" if not in a castle area. The new legislation being discussed in 2009 could remedy the situation. Read the post above yours...
    I may be wrong about their law too I simply said I thought that they extended outside the home and car.
    DEMOCRACY IS TWO WOLVES AND A LAMB VOTING ON WHAT TO HAVE FOR LUNCH. LIBERTY IS A WELL ARMED LAMB CONtestING THE VOTE.

    Certified Instructor for Minnesota Carry Permit
    NRA Pistol and Personal Protection Insrtuctor
    Utah Permit Certified Instructor

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    VIP Member Array cphilip's Avatar
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    Quote Originally Posted by JungleJim View Post
    Tell them to allow carry when dining out, while they're at it. That is a ridiculous law.
    This one bugs us here in SC too. The "no carry where Alcohol is sold for consumption on the premises" clause sure is limiting to many of us wanting to just go to many places to eat. Wish we could get that one changed. I don't mind not drinking and carrying at all. Because I don't. But I do mind not being able to go to the Steak House or some place like that which almost all of them serve Alcohol too.

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    Member Array imatt's Avatar
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    Quote Originally Posted by cphilip View Post
    This one bugs us here in SC too. The "no carry where Alcohol is sold for consumption on the premises" clause sure is limiting to many of us wanting to just go to many places to eat. Wish we could get that one changed. I don't mind not drinking and carrying at all. Because I don't. But I do mind not being able to go to the Steak House or some place like that which almost all of them serve Alcohol too.
    Apparently whenever you carry a concealed handgun, you uncontrollably consume any and all alcohol in sight.

    Bunch of idiot lawmakers.

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    Member Array Hondov65's Avatar
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    The Castle Doctrine is now effect in North Carolina

    As of December 1st the Castle Doctrine is in effect I gave a call to my Concealed Weapons Instructor and few other ranges in the area and they all confirmed it, and they were passing the information on to their students in their December classes although I have not seen anything in the news I feel this is true. Has anyone heard anything to the enforce or contradict?
    Quote Originally Posted by imatt View Post
    Not in NC. Current castle doctrine is only your place of residence (home/apartment/hotel room), office or car. In NC you DO have to "retreat" if not in a castle area. The new legislation being discussed in 2009 could remedy the situation. Read the post above yours...
    "We are Texas Rangers sent by the Governor Himself and our jurisdiction is anywhere we happen to be." Agustus McCrae

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    Member Array TexasAg's Avatar
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    Quote Originally Posted by Hondov65 View Post
    As of December 1st the Castle Doctrine is in effect I gave a call to my Concealed Weapons Instructor and few other ranges in the area and they all confirmed it, and they were passing the information on to their students in their December classes although I have not seen anything in the news I feel this is true. Has anyone heard anything to the enforce or contradict?
    The legislation referenced earlier has not been ratified. If they had gone into effect, the date would have been Dec 1.

    As others have already stated, NC currently has the castle doctrine. The big difference b/w NC and Florida, IMO, isn't in the duty to retreat. It's that in Florida, if somebody breaks into your home, the law assumes that they are there to do you physical harm and you can use deadly force to defend yourself.

    In NC, you can shoot somebody as they try to enter your home, but once they enter the home, the standard for using deadly force is basically the same as if you were standing outside your home (without the duty to retreat).

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