North Carolina Castle Doctrine Bill Filed Today
North Carolina –-(Ammoland.com)- What Castle Doctrine Does, What Makes Hb 74 Better?
ADDITIONAL PROTECTIONS OF HB 74
HB 74: “Castle Doctrine” was filed by Representative Mark Hilton, Shirley Randleman, George Cleveland, and Rayne Brown today in the North Carolina General Assembly.
One of three such Castle Doctrine bills thus far offered in what may become the most pro-gun legislative session in NC history, Hilton’s bill offers significantly greater protection for those forced to use deadly force in self-defense.
WHAT CASTLE DOCTRINE DOES
In general terms, Castle Doctrine laws offer some or all of the following protections:
- “Stand your ground”: No duty to retreat if faced with a reasonable threat of imminent death or great bodily injury;
- A presumption of reasonable fear of death or great bodily injury if the victim’s home or motor vehicle is forcibly entered by an attacker;
- Protection against kidnapping;
- Protection against malicious prosecution (think “Mike Nifong”); and
- Protection against civil suits
- filed by the attacker, his survivors or others.
WHAT MAKES HB 74 BETTER?
Last Friday, the NRA issued an alert backing SB 34, sponsored by Senators Andrew Brock, Doug Berger and Kathy Harrington. 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 defeated by GRNC in the last election) 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 OF 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.
OTHER PRO-GUN BILLS
INTRODUCED AT GRNC BEHEST HB 63: “Firearm in Locked Motor Vehicle/Parking Lot.”
Sponsored by Reps. Phil Shephard, Mark Hilton, George Cleveland, and Jeff Barnhart, HB 63 would prohibit employers and commercial enterprises from barring guns in locked vehicles, removing a substantial obstacle facing concealed handgun permit-holders.
Look for more bills on GRNC’s legislative agenda to be introduced in coming days.
Grass Roots North Carolina/Forum for Firearms Education is a non-profit, all volunteer organization devoted to educating the public about trends which abridge the freedoms guaranteed by the Bill of Rights, and engaging in grass roots activism to preserve those freedoms. Formed in 1994 to conduct a highly successful rally for the Second Amendment, GRNC has gone on to conduct projects like “Remember in November: A Gun Owner’s Guide to Voting,” bringing concealed carry to North Carolina. Visit:www.grnc.org