GRNC Alert 2-15-11: SB 34, Lesser Castle Doctrine Bill in Judiciary II Thursday

Grass Roots North Carolina, P.O. Box 10684, Raleigh, NC 27605
919-664-8565, www.grnc.org, GRNC Alert Hotline: (919) 562-4137

GRNC Alert 2-15-11:
SB 34, Lesser Castle Doctrine Bill in Judiciary II Thursday

Good news, a Castle Doctrine bill - SB 34 - is on the calendar for a hearing in the Senate Judiciary II Committee on Thursday. The so-so news: there is a better Castle Doctrine bill - SB 74 - that has also been introduced in the Senate, which should replace this. The better news: SB 74 can replace SB 34 through Senate rules. How, you ask. You will make it happen by contacting the members of the Senate JII Committee and telling them to do this.

For an in-depth comparison of the three bills and Castle Doctrine laws from other states, go to GRNC president Paul Valone's article at: http://exm.nr/CastleDoctrineNC

WHAT MAKES HB 74 BETTER?

While the pro-gun sponsors have the best of intentions, SB 34 and its companion bill, HB 52, (Reps. Tim Spear, Bill Owens and Jim Crawford) are dangerously flawed.

SB 34 and HB 52 are substantially similar to SB 928, which passed the Senate in the last session but was killed in the House when Rep. Deborah Ross and former Rep. Hugh Holliman (who was replaced in the last election by GRNC backed Rayne Brown) denied it a committee hearing.

The problem is that SB 928 passed the gun-hostile Senate in a greatly weakened fashion: Although the original Edition 1 offered victims protection both inside and outside the home, particularly in motor vehicles, the amended Edition 2 offered protection ONLY WITHIN THE HOME, meaning it offered little beyond present law.

By contrast, HB 74 is the result of longstanding collaboration between Rep. Hilton and GRNC. Drafted by GRNC in 2005, it was substantially improved by Hilton and legislative staff in the 2009-2010 session, when it was introduced as HB 1131.

The bottom line is that while SB 928 might have been the best bill attainable in the last, gun-hostile session of the legislature, you have worked hard to produce a pro-gun majority this year in both chambers, and you deserve better.

ADDITIONAL PROTECTIONS PROVIDED BY HB 74:

* Better definitions, including defense against "forcible felonies;"

* Presumption of reasonable fear to victims of carjackings;

* "Stand your ground" protection: No duty to retreat when attacked outside the home; and

* Better protection against lawsuits: If attackers or survivors file malicious lawsuits which are thrown out of court, they would bear the full cost of litigation, freeing crime victims of tens of thousands of dollars in legal fees.

Look for a detailed analysis of pending Castle Doctrine legislation this weekend by GRNC president and Charlotte Gun Rights Examiner Paul Valone.

PARK & RESTAURANT CARRY BILLS BEING INTRODUCED

More good news, at the insistence of GRNC, a bill to make your handgun permits valid in parks and restaurants is being introduced tomorrow. You may read more about it by clicking here: http://www.ncleg.net/Sessions/2011/Bills/House/PDF/H111v0.pdf

IMMEDIATE ACTION REQUIRED

Contact the following members of the Senate Judiciary II Committee and deliver this message:

Dear Senator:

I applaud your committee (Senate JII) for hearing SB 34, Castle Doctrine, this coming Thursday. You are definitely on the right track, however; there is a MUCH better bill for Castle Doctrine in the Senate - SB 74.

SB 74 is the superior Castle Doctrine in every way. It contains better definitions and better protects gun owners in self defense situations outside the home.

I urge you to use all your power and influence to take advantage of this great opportunity and substitute SB 74 in place of SB 34.

Sincerely,

A Concerned North Carolina Voter
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Warren.Daniel@ncleg.net, Buck.Newton@ncleg.net, Doug.Berger@ncleg.net,
Stan.Bingham@ncleg.net, Dan.Blue@ncleg.net, Debbie.Clary@ncleg.net, Jim.Davis@ncleg.net,
Don.East@ncleg.net, James.Forrester@ncleg.net, Fletcher.Hartsell@ncleg.net, Edward.Jones@ncleg.net,
Tommy.Tucker@ncleg.net, Don.Vaughan@ncleg.net, Harris.Blake@ncleg.net, Charlie.Dannelly@ncleg.net,
Floyd.McKissick@ncleg.net

Senator Warren Daniel
300 N. Salisbury Street, Room 411
Raleigh, NC 27603-5925
(919) 715-7823
Warren.Daniel@ncleg.net

Senator E. S. (Buck) Newton
300 N. Salisbury Street, Room 410
Raleigh, NC 27603-5925
(919) 715-3030
Buck.Newton@ncleg.net

Senator Doug Berger
300 N. Salisbury Street, Room 516
Raleigh, NC 27603-5925
(919) 715-8363
Doug.Berger@ncleg.net

Senator Stan Bingham
16 W. Jones Street, Room 2117
Raleigh, NC 27601-2808
(919) 733-5665
Stan.Bingham@ncleg.net

Senator Dan Blue
16 W. Jones Street, Room 1117
Raleigh, NC 27601-2808
(919) 733-5752
Dan.Blue@ncleg.net

Senator Debbie A. Clary
300 N. Salisbury Street, Room 314
Raleigh, NC 27603-5925
(919) 715-3038
Debbie.Clary@ncleg.net

Senator Jim Davis
16 W. Jones Street, Room 2111
Raleigh, NC 27601-2808
(919) 733-5875
Jim.Davis@ncleg.net

Senator Don East
300 N. Salisbury Street, Room 522
Raleigh, NC 27603-5925
(919) 733-5743
Don.East@ncleg.net

Senator James Forrester
16 W. Jones Street, Room 1028
Raleigh, NC 27601-2808
(919) 715-3050
James.Forrester@ncleg.net

Senator Fletcher L. Hartsell, Jr.
300 N. Salisbury Street, Room 300-C
Raleigh, NC 27603-5925
(919) 733-7223
Fletcher.Hartsell@ncleg.net

Senator Ed Jones
300 N. Salisbury Street, Room 518
Raleigh, NC 27603-5925
(919) 715-3032
Edward.Jones@ncleg.net

Senator Tommy Tucker
300 N. Salisbury Street, Room 311
Raleigh, NC 27603-5925
(919) 733-7659
Tommy.Tucker@ncleg.net

Senator Don Vaughan
300 N. Salisbury Street, Room 515
Raleigh, NC 27603-5925
(919) 733-5856
Don.Vaughan@ncleg.net

Senator Harris Blake
300 N. Salisbury Street, Room 408
Raleigh, NC 27603-5925
(919) 733-4809
Harris.Blake@ncleg.net

Senator Charlie Smith Dannelly
16 W. Jones Street, Room 1127
Raleigh, NC 27601-2808
(919) 733-5955
Charlie.Dannelly@ncleg.net

Senator Floyd B. McKissick, Jr.
300 N. Salisbury Street, Room 520
Raleigh, NC 27603-5925
(919) 733-4599
Floyd.McKissick@ncleg.net


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You may find your NC STATE representative by going here:
http://www.grnc.org/contact_reps.htm

You may write your FEDERAL congressman by going here:
http://www.house.gov/writerep/

You may write your FEDERAL senators by going here:
http://www.senate.gov/

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Correction

CORRECTION: The bill is HB 74 instead of SB 74.
Thanks

No House e-mail updates this week. Any idea where HB 74 is headed after this week? Is an e-mail to the Jud. Committee still relevant?

Northerner said:

No House e-mail updates this week. Any idea where HB 74 is headed after this week? Is an e-mail to the Jud. Committee still relevant?

Click to expand...

Yes, SB74 and SB34 are both in meetings this week. Send emails today.

http://campaign.r20.constantcontact...pmd3HQ5PUIkdxvaHrQZGeBw6R01wYjeky3GFyp7SIVic=

cricketdad said:

Yes, SB74 and SB34 are both in meetings this week. Send emails today.

http://campaign.r20.constantcontact...pmd3HQ5PUIkdxvaHrQZGeBw6R01wYjeky3GFyp7SIVic=

Click to expand...

Thanks. I sent e-mails stating my opinion and desire for the HB74 again last night.

Response from Sen. Jim Davis regarding HB 74 and SB 34

"SB 34 is good, HB 74 is better, and there is something even better in the works…a bill that strengthens citizen protections."

From: Sen. Jim Davis
Sent: Sunday, February 20, 2011 07:57 PM

Northerner said:

"SB 34 is good, HB 74 is better, and there is something even better in the works…a bill that strengthens citizen protections."

From: Sen. Jim Davis
Sent: Sunday, February 20, 2011 07:57 PM

Click to expand...

Actually not better. He is referring to SB34 being modified in committee this week. HB74 is still better.

cricketdad said:

Actually not better. He is referring to SB34 being modified in committee this week. HB74 is still better.

Click to expand...

???? Isn't that what he said? "SB 34 is good, HB 74 is better..."

Northerner said:

???? Isn't that what he said? "SB 34 is good, HB 74 is better..."

Click to expand...

no, he added "and there is something even better in the works…a bill that strengthens citizen protections."

SB34 is supposed to be "changed" either today or tomorrow in committee. I read it he is claiming SB34 will then be the better bill.

He is wrong, unless, ALL the language in HB74 is added to SB34.
Read this: : http://exm.nr/CastleDoctrineNC

Why don't we just wait to see it instead of arguing over something none of us know?

"Better" is subjective anyway.

Just heard a short "News" clip on the radio that reported that the Senate Judiciary committee has just voted unanimously to refer the Castle Doc. bill out to the full senate. The sound bite doesn't go into detail about what all made it thru in the version referred for a vote. (I have heard of at least two versions under consideration) Looks like our efforts of last Fall may be starting to pay benefits. They also did not say whether the Dems who are still standing had made a run for Chicago or not.

NRA-ILA Email:

North Carolina: “Castle Doctrine” to be Considered on the Senate Floor!
Please Contact Your state Senator Today!


Earlier today, NRA-supported “Castle Doctrine” self-defense legislation was favorably amended and reported by the Senate Judiciary II Committee. The full Senate will now consider this important legislation, which could take place as early as tomorrow.


Introduced by state Senators Andrew Brock (R-34), Doug Berger (D-7) and Kathy Harrington (R-43), Senate Bill 34 would codify the “Castle Doctrine” in the home, as well as establish immunity from civil lawsuits for those who use lethal force to defend themselves or their loved ones while in their home. The bill was amended to add automobiles to the Castle Doctrine protections, as well as "Stand Your Ground" language. This greatly expands the legislation to offer more protections for law-abiding citizens who use their firearms for personal protection.


Please contact your state Senator TODAY and respectfully urge him or her to support your right to self-defense and pass Senate Bill 34 when it comes up for a vote. To locate your Senator and his or her contact information, please click here.

Click to expand...

sultan62 said:

Why don't we just wait to see it instead of arguing over something none of us know?

"Better" is subjective anyway.

Click to expand...

Wasn't trying to argue and this is something I do know about.

cricketdad said:

Wasn't trying to argue and this is something I do know about.

Click to expand...

I, at least, did not consider your response as argumentative. I do hope the bill is passed in some form. There is still time for ammendments and other bills.

Northerner said:

I, at least, did not consider your response as argumentative. I do hope the bill is passed in some form. There is still time for ammendments and other bills.

Click to expand...

I have just read the bill and the only improvement that could be made would be to add language stating if you are sued and you win the other party pays all bills.

cricketdad said:

I have just read the bill and the only improvement that could be made would be to add language stating if you are sued and you win the other party pays all bills.

Click to expand...

Hey CD.

On a side note, isn't that the norm in NC anyway with civil lawsuits? Not sure, that's why I'm asking. If it is, would it have to be written in as a clause to specific bills or no?

thx

rotorhead said:

Hey CD.

On a side note, isn't that the norm in NC anyway with civil lawsuits? Not sure, that's why I'm asking. If it is, would it have to be written in as a clause to specific bills or no?

thx

Click to expand...

Not that I know of.

From the GRNC Email here is some info:

Improvements made to SB 34 include:

Presumption of reasonable fear of imminent death or great bodily injury when an attacker makes an unlawful and forcible entry not only of a home, but also a motor vehicle and a workplace. Beyond including the carjacking protection long-sought by GRNC, this may be the first law in the country to include the workplace among protected areas

"No duty to retreat" before using deadly force in anyplace the victim has a lawful right to be.

Protection against malicious prosecution: Police may not arrest a victim forced to use deadly force unless they have probable cause to believe the use of force was unjustified.

Click to expand...