Our Republican controlled legislature (first time in 100 years)has finally approved a improved castle doctrine law and will be sent to the governor for signature. I haven't heard if she plans to veto or not but given that they recently overrode her veto of the budget bill, they will surely over ride her again if she vetos this one. This below is taken from a local paper and explains the basic changes from current law. I think it should have gone further but it's better than the previous statutes.
from The Daily Dispatch....
The lynchpin of the legislation widely expands what’s known as the “castle doctrine.” It gives legally armed citizens the right to protect themselves against an unlawful entry. Current law may require the shooter inside the home to justify use of weapons with deadly force after the fact.
The approved bill presumes that such weapon firing was lawful under “a reasonable fear of imminent death or serious bodily harm,” and the shooter is exempt from civil or criminal liability. The presumption would go beyond the person’s home to the workplace and the car if there was a carjacking. Prosecutors could still attempt to persuade a judge or jury the shooting crossed the line.
The measure also would allow holders of concealed weapons permits to carry their pistol inside a state park and prevents local governments from passing bans in the parks. Cities and counties could still pass restrictions on concealed weapons at athletic fields and swimming pools.
More than 30 states have portions of the castle doctrine on the books, according to research performed by General Assembly staff. North Carolina’s law would become one of the more comprehensive in the country when it comes to helping protect citizens trying to defend themselves, the gun advocacy group Grass Roots North Carolina said earlier this year.
The bill also would allow district attorneys, assistant DAs and their investigators to carry concealed weapons, although not in courtrooms.
The final bill removed provisions sought by House Republicans that would have allowed concealed permit holders to carry their guns inside restaurants where alcohol is served and exempt gun owners from crimes carrying a weapon on school property if it was locked away in a container. The restaurant provision will be considered in next year’s short session, Hilton said.
Copyright 2011 The Daily Dispatch. All rights reserved.
Read more: The Daily Dispatch - Legislature OKs looser N C gun laws expands castle doctrine
from The Daily Dispatch....
The lynchpin of the legislation widely expands what’s known as the “castle doctrine.” It gives legally armed citizens the right to protect themselves against an unlawful entry. Current law may require the shooter inside the home to justify use of weapons with deadly force after the fact.
The approved bill presumes that such weapon firing was lawful under “a reasonable fear of imminent death or serious bodily harm,” and the shooter is exempt from civil or criminal liability. The presumption would go beyond the person’s home to the workplace and the car if there was a carjacking. Prosecutors could still attempt to persuade a judge or jury the shooting crossed the line.
The measure also would allow holders of concealed weapons permits to carry their pistol inside a state park and prevents local governments from passing bans in the parks. Cities and counties could still pass restrictions on concealed weapons at athletic fields and swimming pools.
More than 30 states have portions of the castle doctrine on the books, according to research performed by General Assembly staff. North Carolina’s law would become one of the more comprehensive in the country when it comes to helping protect citizens trying to defend themselves, the gun advocacy group Grass Roots North Carolina said earlier this year.
The bill also would allow district attorneys, assistant DAs and their investigators to carry concealed weapons, although not in courtrooms.
The final bill removed provisions sought by House Republicans that would have allowed concealed permit holders to carry their guns inside restaurants where alcohol is served and exempt gun owners from crimes carrying a weapon on school property if it was locked away in a container. The restaurant provision will be considered in next year’s short session, Hilton said.
Copyright 2011 The Daily Dispatch. All rights reserved.
Read more: The Daily Dispatch - Legislature OKs looser N C gun laws expands castle doctrine