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Thread: Castle Doctrine

  1. #1
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    Seems that the CD is probably going through a painful process of death by forgetfulness in the House. I was looking at the bill. Is it my imagination or did this really get chopped up? I though it started off as full on CD, defend yourself if you have the right to be there. It would have done away with the duty to retreat. The bill that is up now ONLY applies to the home. Have we been swindled, flim flammed, two stepped? Or did I oringinally read it wrong?

    Bill

    http://www.ncleg.net/Sessions/2009/B...PDF/S928v2.pdf

    History and current status

    http://www.ncleg.net/gascripts/billl...mp;BillID=S928

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    This section isn't in there anymore (it was only in the originally "filed" version):

    "(d) A person who is not engaged in an unlawful activity and who is attacked in any
    28 other place where he or she has a right to be has no duty to retreat and has the right to stand his
    29 or her ground and meet force with force, including deadly force if he or she reasonably believes
    30 it is necessary to do so to prevent death or great bodily harm to himself or herself or another or
    31 to prevent the commission of a forcible felony."

    So much for freedom to defned oneself while you're out-and-about without fear of civil litigation following. But the rest of it is still worth having - and we shouldn't let up on demanding its' passage. Pete

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    Thanks Pete. Now I know I'm not going crazy. Hate they stripped that out though.

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    This is what I was affraid of. Just got this from NRA-ILA.



    Unfortunately, Senate Bill 928, the Castle Doctrine Bill, appears to be bogged down. This bill was referred to three separate committees, the first being the House Judiciary I Committee. That committee is Chaired by anti-gun State Representative Deborah Ross (D-38), and she appears to be unwilling to set a date for a hearing. Please contact Representative Ross and urge her to allow this critical legislation—which received overwhelming, bi-partisan support in the Senate—to be heard. Please call Representative Ross at 919-733-5773 or e-mail her at Deborah.Ross@ncleg.net. Also, please call or email your State Representative and ask them to urge House leadership to bring SB 928 up for consideration. You can call your Representative at 919-733-7928. To find your Representative, please click

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    I just wrote her and my rep.

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    there isnt a duty to retreat in NC anyways, not sure if that section was really needed

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    Mek, you might want to check that. There is a duty to retreat if you are out in public. It does not apply to your home. But currently you can shoot to prevent entry to your homebut after they have gained entry it gets really vague and confusing. This pretty much sums up what my CCH class went over as well

    "(2) Duty To Retreat Before Using Deadly Force Unless and exception such as those listed below applies, a citizen must retreat before using deadly force if retreat is possible.ExceptionA.[/b] There is no duty to retreat before using deadly force if the assault threatens imminent death or great bodily harm - a murderous or felonious assault or sexual assault.ExceptionB.[/b] There is no duty to retreat before using deadly force if the victim is on his or her own premises, or on his or her business premises, or is at home. "

    http://www.wsoctv.com/news/13653578/detail.html

    Hard to find any actual state info though.

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    You are right cheifjason there is a duty to retreat in our state. That is where the ccw class will show what you can and can't do and this will apply to open carry as well. Just remember there is no such thing as ignorance of the law when it comes down to it. They will tell you if you don't know the law you should have let it alone. They will ARREST you for your ignorance. Don't go out saying I have the right to or I can do unless you know the law.

    just my 2cents


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    ExceptionA. There is no duty to retreat before using deadly force if the assault threatens imminent death or great bodily harm - a murderous or felonious assault or sexual assault.ExceptionB. There is no duty to retreat before using deadly force if the victim is on his or her own premises, or on his or her business premises, or is at home. "
    can you explain to me in what other situation you would be justified to shoot?

    every situation i can think of would fall into those two exceptions... robbery, assault with a weapon, rape, molestation, arson, attempted murder... as well as home invasion...


    But currently you can shoot to prevent entry to your home but after they have gained entry it gets really vague and confusing.
    no it does not... you can shoot to prevent entry... so you can legally shoot trough a door if someone is kicking it in... after they enter, they have to threaten you... so if you wake up at 3am and someone is sitting on your couch watching the simpsons, you cant shoot them... but something like this is VERY unlikely and ive yet to hear of that coming into play...

    now, i would like to see a stronger castle doctrine put in to play... but i would rather they focus on things like repealing the pistol permit, allowing concealed carry on campuses and in restaurants that serve alcohol... to me those are much more critical restrictions on freedom than a lack of a castle doctrine that wont change the existing law a whole lot...


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    Okay, I just got off the phone with Rep. Ross' office and what they're telling me is that the State budget had to be redone because the projected revenues were going to be even worse than expected.

    This has basically grid-locked everything else on the calender, because the budget is being heard/hashed out/changed right now (like today on the floor) - then it'll have to go BACK to the Senate, differences ironed out,etc., etc., etc. . I was told that they were probably going to skedaddle out of Dodge pretty quick once that was resolved BUT the legislation DID make the cross-over calender so if it doesn't get heard this time around, it WILL be next year.

    Part of the hold-up, too, was that the proposed Castle Doctrine bill had to be sent to and examined by the States' lawyers to ensure it was worded correctly and Constitutional - IOW, it wouldn't come back and bite them on an expensive court-challenge somewhere down-the-road.

    The woman I talked to was really nice about it, so if you do call, please try to be polite and patient and she'll respond in kind. Pete

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    Mekender, just trying to make sure everyone knows that there is a duty to retreat law. I would have prefered the stand your ground section of the castle doctrine stayed in. What I see as possibly happening is that someonegets into a shooting and has to explain why they did not retreat. I think most folks would rather retreat than shoot, but if you end up in a shooting situation you have to explain why you did not retreat. It just seems to be a nasty loophole for allowing prosecution or civil action on an otherwise justifiable shooting.

    What I consider vague and confusing is that the responsibility is on the homeowner to determine whether the dirtbag they find in their house is a threat. If you are in someones home in the middle of the night then you are asking for trouble. Putting the resposibility on the homowner when they are already being victimized is an incredibly poor use of the law. Noone should have to decide if they can defend their home in the middle of the night, they should just be able to defend it. Period. That and the loss of the abililty of civil prosecution from the criminal or family would be good as well.

    Currently all the other stuff you listed is dead this go around. I would like to see it also, but this is what we are left with.

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    When I was a trooper ,Iwas told, A dead man can not testify against you. Use your own judgement. I always felt that if someone ment to do me bodily harm, I would do whatever it took to stop that harm.

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    dexcop wrote:
    When I was a trooper ,Iwas told, A dead man can not testify against you. Use your own judgement. I always felt that if someone ment to do me bodily harm, I would do whatever it took to stop that harm.
    1.] Identify the treat .

    2.] Obtain front sight alignment .

    3.] Double tap to the chest and one tap to the ocular nasal region .

    4.] Identify other possible treats .

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    "4.] Identify other possible treats ."

    :celebrate

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