View Full Version : North Carolina’s newly revised “Castle Doctrine” takes effect today.
Snaquebite
12-01-2011, 15:40
”North Carolina’s new “Castle Doctrine” law, which addresses certain circumstances under which a person can legally shoot or use other deadly force against another, takes effect Thursday.
North Carolina’s current Castle Doctrine only applies to homes, but under the new law it also applies to vehicles and places of work. The Castle Doctrine, rooted in English common law, expresses the belief that one should be safe from illegal intrusion in one’s home.
The new law is much longer and clarifies when deadly force can be used.
New law more specific
The new law defines a person’s home as any property with a roof where the person lives and also includes “curtilage,” which is the area immediately around a home. It defines a person’s workplace as any property with a roof used for commercial purposes. It says a home or workplace can be temporary or permanent and specifically says either one can be a tent.
Under the new law, the lawful occupant of a home, motor vehicle or workplace isn’t required to retreat prior to using deadly force.
Read the rest of Jule Hubbard’s article at the Journal Post.
http://www.tactical-life.com/online/news/north-carolina’s-newly-revised-“castle-doctrine”-takes-effect-today/
READ FULL VERSION WITH EXPLANATIONS HERE:http://www.journalpatriot.com/news/article_30db4652-19f0-11e1-99cd-001a4bcf6878.html
20640
That is good news - IMO, the castle doctrine should have never been so limited.
:lifter
Good stuff. Mirrors Texas' rule. However, Texas goes a bit further with a very strong "criminal mischief" statute; makes for a very polite State. Perhaps NC will become a little more "kinder and gentler", (hard to be a dick to folks when you can be shot).
Roguish Lawyer
12-01-2011, 16:32
LOL, in California we follow the pussy doctrine. No guns allowed, be politically correct with the home invader, and bend over for the lawsuit when he slips and falls while robbing your house. :rolleyes:
Ambush Master
12-01-2011, 17:07
Texas also has a law that's been on the books since the 1800s that allows you to use deadly force to protect your property after dark!!
Last hard class
12-01-2011, 18:32
be politically correct with the home invader, and bend over for the lawsuit when he slips and falls while robbing your house. :rolleyes:
Like this story:
http://www.google.com/url?sa=t&rct=j&q=man%20sues%20hostages&source=web&cd=10&sqi=2&ved=0CGMQFjAJ&url=http%3A%2F%2Fwww.kmbc.com%2Fnews%2F29882156%2F detail.html&ei=awrYTorNAu7KiALJ2Ii4CQ&usg=AFQjCNFpPewLabrellyVVHiPT_Xx7eBHkw&sig2=y6MMFWFjAoclKoBmzpvSnA
LHC
dr. mabuse
12-01-2011, 19:28
Texas also has a law that's been on the books since the 1800s that allows you to use deadly force to protect your property after dark!!
As a gentle, polite reminder, Just because the law says you can do it doesn't mean it's a good idea.
Spending ~$7,000 or more to save a $500 deductible with the current crop of Dallas county juries deciding your fate is an expensive way to teach some thief a lesson.:munchin
mojaveman
12-01-2011, 19:41
My take on the law in CA I call the shovel doctrine ;)
Good idea but I wouldn't want the insult of burying them on my property. There's plenty of space out in the desert.
Badger52
12-02-2011, 07:45
Texas also has a law that's been on the books since the 1800s that allows you to use deadly force to protect your property after dark!!Attempted arson here, even of a neighbor's house, will draw fire due to presumption of dwelling being occupied (well, maybe not in metro Milwaukee...). Assembly & Senate here just passed (bi-partisan) Castle Doctrine as well; Gov. Walker scheduled to sign 7 December.
Removes civil & criminal liability if deemed justified.
Presumption of innocence returned to its rightful place.
Ain't it funny how to be truly 'progressive' one must return to the days of yesteryear...?
greenberetTFS
12-02-2011, 07:46
LOL, in California we follow the pussy doctrine. No guns allowed, be politically correct with the home invader, and bend over for the lawsuit when he slips and falls while robbing your house.
There is a lot of truth in what you've said........ :( I had a buddy who lived in southern California who told me a story about a guy who fell off of a property owners roof while committing a crime..... :rolleyes: He was severely hurt and ended up suing the owner and received 500K from a jury that felt sorry for him.......:eek:
Big Teddy :munchin
mark46th
12-02-2011, 08:48
I thought in Texas,"He needed killin'" was a legal defense.
As a gentle, polite reminder, Just because the law says you can do it doesn't mean it's a good idea.
Spending ~$7,000 or more to save a $500 deductible with the current crop of Dallas county juries deciding your fate is an expensive way to teach some thief a lesson.:munchin
So, what deductible would you put on your life???
I'd gladly pay 7k for my life.
But, to each his own..
Paragrouper
12-02-2011, 09:22
As a gentle, polite reminder, Just because the law says you can do it doesn't mean it's a good idea.
Spending ~$7,000 or more to save a $500 deductible with the current crop of Dallas county juries deciding your fate is an expensive way to teach some thief a lesson.:munchin
You could always move to Argyle.
LOL, in California we follow the pussy doctrine. No guns allowed, be politically correct with the home invader, and bend over for the lawsuit when he slips and falls while robbing your house. :rolleyes:
Believe it or not, NY has castle doctrine law with a reasonable stand-your-ground clause on the books: http://law.onecle.com/new-york/penal/part1.tc.a35.html, specifically 35.15 and 35.20. Unfortunately, after Goetz combined NY's fast and loose tort laws, you probably won't escape unscathed if you do employ deadly force to defend your family and premises.
Mr Weiss
12-02-2011, 10:18
I thought in Texas,"He needed killin'" was a legal defense.
I am in the library studying for finals, and I laughed so loud when I read that! I got some strange looks from people. It reminded me of something my grandpa would say. Haha
As a gentle, polite reminder, Just because the law says you can do it doesn't mean it's a good idea.
Spending ~$7,000 or more to save a $500 deductible with the current crop of Dallas county juries deciding your fate is an expensive way to teach some thief a lesson.:munchin
But it also educates all the other thieves that you don't put up with that BS thus WELL WORTH IT in my book. :)
dollarbill
12-02-2011, 11:43
http://www.usacarry.com/indiana_stand_your_ground_castle_doctrine_laws.htm l
But yet, if your in a plane flying over Indian deadly force is authorized. Pretty sure Southwestern is not going to let me carry the XD40 on my next flight. :mad:
dr. mabuse
12-02-2011, 11:45
But it also educates all the other thieves that you don't put up with that BS thus WELL WORTH IT in my book. :)
It would be nice if that were true in Texas. I've yet to see that trend in any courtroom in this state. You have to prove that what was being stolen is basically irreplaceable and you won't have a Grand Jury filled with sympathetic QP's when they decide your fate for shooting someone over stuff. Especially if said thief is an unarmed teenager.
A QP going through the court Quisinart and blowing $7,000 or more is one thing, a typical civvie going through the grinder is another.
Now, I never said anything about causing substantial emotional distress of some kind to said thief and holding them for awhile until the police arrive.:D
Paragrouper
12-02-2011, 14:08
It would be nice if that were true in Texas. I've yet to see that trend in any courtroom in this state. You have to prove that what was being stolen is basically irreplaceable and you won't have a Grand Jury filled with sympathetic QP's when they decide your fate for shooting someone over stuff. Especially if said thief is an unarmed teenager.
A QP going through the court Quisinart and blowing $7,000 or more is one thing, a typical civvie going through the grinder is another.
Now, I never said anything about causing substantial emotional distress of some kind to said thief and holding them for awhile until the police arrive.:D
Since moving to Argyle is out
The Texas Castle Act, as amended in 2007 contains the following change:
CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON
Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.
Link (http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.83.htm)
I personally recommend everyone who carries or keeps firearms for Self Defense to look into "Self-Defense" insurance--and lawyer up quick, should the circumstances warrant.
dr. mabuse
12-02-2011, 21:01
Since moving to Argyle is out
The Texas Castle Act, as amended in 2007 contains the following change:
CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON
Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.
Link (http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.83.htm)
I personally recommend everyone who carries or keeps firearms for Self Defense to look into "Self-Defense" insurance--and lawyer up quick, should the circumstances warrant.
As the CHL test reminds us, you can still be sued.
And make sure that lawyer has successfully defended this type of case before. Having questioned the young studly men in suits selling CHL insurance at the local Dallas area gun shows, they do not impress in this regard.
Stay safe.