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Castle Doctrine overdue in NC
www.gastongazette.com ^ | February 08, 2011 | Erik Soderstrom

Posted on 02/09/2011 3:20:40 PM PST by Angelus

North Carolina state Senators Andrew Brock, Doug Berger, and Kathy Harrington—along with 13 other co-sponsors—have introduced bipartisan legislation to bring what is known as “the Castle Doctrine” to North Carolina. Such a law is long overdue.

To those who don’t know, the Castle Doctrine essentially states that there is no “duty to retreat” within one’s own home, and any individual who unlawfully breaks into your home is assumed to have violent, criminal intent.

The current law regulating self-defense within the home is ambiguous. It allows the use of deadly force to stop a forced entry, but once the intruder has entered, the law becomes much more complicated. Suddenly, the homeowner—the victim of a crime in progress—must make a snap judgment as to whether or not the person who just crashed through their front door really poses an imminent threat of death or serious bodily harm. Are you really 100 percent sure you saw a weapon? Further, even if the criminal is armed, the homeowner could still get caught in a tangle of expensive, drawn out litigation. The new law simplifies the legal standards.

If passed, homeowners will be presumed to have justification when employing deadly force in self-defense against unlawful intruders in their own homes.

The legislation will also protect homeowners from frivolous lawsuits in the wake of justified, legal self-defense against an unlawful intruder.

It’s past time for North Carolina legislators to affirm our fundamental right to self-defense and acknowledge that citizens should not be expected to retreat from their own residence.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government
KEYWORDS: banglist; castledoctrine
Hopefully this will be passed.
1 posted on 02/09/2011 3:20:43 PM PST by Angelus
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To: Angelus

I”d like to see this passed. Right now, if someone is breaking into my house I have to shoot him/her outside while they are breaking in. I want the chance to use my flechette rounds to splatter the perp all over the front of my hall.


2 posted on 02/09/2011 3:26:23 PM PST by Shamrock-DW
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To: Angelus

“A duty to retreat”

Wow.

Americans don’t retreat.


3 posted on 02/09/2011 3:38:22 PM PST by DontTreadOnMe2009 (So stop treading on me already!)
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To: Angelus

Hopefully yes. North Carolina also needs to join every other state in the South and let it’s residents vote on a marriage amendment, and they need to reform Eminent Domain and forced annexation laws.


4 posted on 02/09/2011 3:38:42 PM PST by Aetius
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To: DontTreadOnMe2009

“Don’t retreat, reload”.


5 posted on 02/09/2011 4:11:37 PM PST by CIDKauf (No man has a good enough memory to be a successful liar.)
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To: Shamrock-DW

You are immorally stupid.
I Carry EVERY DAY Every where I go.
I pray every day I will not have to use my sidearm.
If I DO i will surly take their life.
Keep lookin for your chance with your flechette rounds
I hope you are so enthused about them when the smoke clears.
Have you ever taken a life in self defense?
Another internet badass with a badass round.


6 posted on 02/09/2011 4:51:40 PM PST by Right Brigade
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To: Angelus

This is a good idea- this area of the law needed some improvement, although in practice we generally don’t suffer the abuse others get in other states for defending ourselves. I think they need to go further and have some Texas- type laws to allow the use of deadly force in defense of property.


7 posted on 02/09/2011 5:46:40 PM PST by GenXteacher (He that hath no stomach for this fight, let him depart!)
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To: Angelus

LOVE to see this passed, and DARE Bev to veto it.


8 posted on 02/09/2011 7:30:08 PM PST by backwoods-engineer (Any politician who holds that the state accords rights is an oathbreaker and an "enemy... domestic.")
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To: Right Brigade
I Carry EVERY DAY Every where I go. I pray every day I will not have to use my sidearm.

Me too, and me too.

9 posted on 02/09/2011 7:31:45 PM PST by backwoods-engineer (Any politician who holds that the state accords rights is an oathbreaker and an "enemy... domestic.")
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