This is a discussion on Castle Doctrine - NC within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by archer51 Actually NC does have a Castle Doctrine, it is just limited in scope. VA does not have a Castle Doctrine of ...
Here's what I found: as the law currently stands... (I'm a new resident so I'm doing homework...)
§ 14‑51.1. Use of deadly physical force against an intruder.
(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.
(c) This section is not intended to repeal, expand, or limit any other defense that may exist under the common law. (1993 (Reg. Sess., 1994), c. 673, s. 1.)
"...for all who draw the sword will die by the sword." Matthew 26:52
The “Castle Doctrine” bill removes the “duty to retreat” if an individual is attacked in his or her home, vehicle, place of business or any other place he or she has a legal right to be. This legislation also states that victims may use necessary force to defend themselves against the attacker. Law-abiding citizens now have the choice to defend themselves and their families in the face of attack without fear of criminal prosecution and civil litigation.”
NRA life member.
NC has no Castle Doctrine.
Let me know how I can help.... if necessary, by
If you haven't already, please go to the link for the petition I posted earlier and sign it. Then pass it on. Thanks!!
NC CCH Instructor, NRA Instructor
Beretta 96 Brigadier
Kimber Pro Eclipse II 1911
This is South Carolina's version (and what you want yours to be when you get one). You will see the reference to "Common Law" castle doctrine (which you have) and the extension of it now to "any place you have a right to be". Plus ours then goes into the protection from Criminal and Civil action which is a big plus.
PROTECTION OF PERSONS AND PROPERTY ACT
The stated intent of the legislation is to codify the common law castle doctrine, which recognizes that a person’s home is his castle, and to extend the doctrine to include an occupied vehicle and the person’s place of business. This bill authorizes the lawful use of deadly force under certain circumstances against an intruder or attacker in a person’s dwelling, residence, or occupied vehicle. The bill provides that there is no duty to retreat if (1) the person is in a place where he has a right to be, including the person’s place of business, (2) the person is not engaged in an unlawful activity, and (3) the use of deadly force is necessary to prevent death, great bodily injury, or the commission of a violent crime. A person who lawfully uses deadly force is immune from criminal prosecution and civil action, unless the person against whom deadly force was used is a law enforcement officer acting in the performance of his official duties and he identifies himself in accordance with applicable law or the person using deadly force knows or reasonably should have known the person is a law enforcement officer.
H.4301 (R412) was signed by the Governor on June 9, 2006.