North Carolina has unreasonable restrictions on self-defense, but that seems ready to change with the passage of Senate Bill 34.
AN ACT TO PROVIDE WHEN A PERSON MAY USE DEFENSIVE FORCE, INCLUDING 3 FORCE THAT IS INTENDED OR LIKELY TO CAUSE DEATH OR SERIOUS 4 BODILY HARM, AND TO CREATE A PRESUMPTION THAT A PERSON IS 5 PRESUMED TO HAVE HELD A REASONABLE FEAR OF IMMINENT PERIL OF 6 DEATH OR SERIOUS BODILY HARM IN CERTAIN CIRCUMSTANCES.
The Castle Doctrine, SB34, passed the North Carolina Senate this past Monday. Now the House takes up the measure as House Bill 52. The bill will expand the situations in which a victim is allowed to defend themselves with deadly force. Currently, only attacks that occur in the victim’s home can be met with a deadly weapon. All other situation require the victim to honor their “duty to retreat”. Basically, if you are in public and someone comes at your with a knife, baseball bat, gun, samurai sword or whatever .. you have no legal recourse but to run. What if they’re faster than you?
The retreat statute emboldens criminals as they know that any concealed gun owner has been made aware that he cannot use that weapon .. much of anywhere or in most situations. Clearly this favors those who who would do harm.
Progressives are up-in-arms (ok, uh, up-in-words since they hate guns) over the furtherance of this legislation. The main argument against seems to be that this somehow give gun owners the right to shoot just about anyone – the now famous “make my day” clause.
Lawful gun owners are not the issue. We aren’t going to run out and start shooting people because they look mean or are acting funny. Instead, it gives criminals something to think about before attacking someone or their property.
This bill also contains a provision that prevents criminals who get shot while committing a crime from suing the victim of the crime.
A person who uses force as permitted by this section is justified in using such force 50 and is immune from civil or criminal liability for the use of such force, unless the person 51 against whom force was used is a law enforcement officer..
Feel free to read the entire bill, it’s only 3 pages long!! This has been too long in-coming and I am thrilled that my votes for North Carolina legislators in 2010 is already paying off.