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Castle Doctrine is now state law(NC)
gastongazette ^ | 1 July, 2011 | Kelly Hastings

Posted on 07/03/2011 11:23:04 AM PDT by marktwain

In my first state House session, I fought for jobs, education, lower taxes, less spending, public health and safety, and other conservative issues; I also fought for Second Amendment rights for law-abiding citizens and I was a primary sponsor of the main Second Amendment bill.

Citizens with conceal carry permits should not be convicted if they place a carry-out order and forget to remove the firearm before picking up the food at a restaurant that serves alcohol. It is illegal for conceal carry permit holders to use drugs or alcohol while carrying.

People, in general, should not be allowed to have guns on school property, but there are exceptions. If a criminal leaves a gun on school grounds, a law-abiding student should not be prosecuted for finding the gun and turning it in.

We had to analyze many legal questions. Should an innocent spouse be convicted of a felony if there is a weapon locked in a compartment inside a car and that spouse picks up his or her child at school? What if people drive long distances to school and they have a conceal carry permit and the firearm is securely locked away in the car? Should they have to take the weapon out and place it on the side of the road just to pick up their kid? Should a person be branded as a felon if they legally have a firearm or hunting rifle and they walk onto remote, undeveloped school land that is many miles away? What if a person is legally carrying a firearm or hunting rifle and they drive on a road that goes through the middle of a large college campus? These people should not be convicted.

I did a lot of research about firearms law.

The following list clarifies those who are not eligible to receive or possess a firearm under federal law:

Persons under indictment or for any information in any court for a crime punishable by imprisonment for a term exceeding one year;

Persons convicted in any court of a crime punishable by imprisonment for a term exceeding one year.

Persons who are fugitives from justice;

Persons who are unlawful users of, or addicted to, any depressant, stimulant, or narcotic drug, or any other controlled substance;

Persons who have been adjudicated mentally defective or have been committed to a mental institution;

Persons who have been discharged from the U.S. armed forces under dishonorable conditions;

Persons who are in the U.S. illegally;

Persons having been citizens of the U.S., but renounced citizenship.

Firearm dealers must contact the FBI’s National Instant Criminal Background Check System (NICS) to verify a purchaser’s background. The NICS database includes Illegal/Unlawful Alien Files, Controlled Substance Abuse Files, Dishonorable Discharge Files, Citizenship Renunciant Files, Mental Commitment Files, Wanted Persons Files, Domestic Violence Protection Order Files, and Criminal History Files.

Republicans, Democrats, and an unaffiliated member of the General Assembly voted for the bill; the governor signed it into law. Some provisions were removed and some added, but it is now more convenient for law-abiding citizens and the Castle Doctrine is state law. I encourage you to read House Bill 650.

Rep. Kelly Hastings represents N.C. District 110 in the N.C. Legislature.


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: North Carolina
KEYWORDS: banglist; castle; ccw; nc
Much more information in this article than the public usually gets.
1 posted on 07/03/2011 11:23:08 AM PDT by marktwain
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To: marktwain

This is great news. When we lived in NC, the law said that the occupant “must retreat” in their house if a bad guy breaks in.


2 posted on 07/03/2011 11:30:21 AM PDT by FrogMom (There is no such thing as an honest democrat!)
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To: marktwain
People, in general, should not be allowed to have guns on school property,

This is a BS statement and liberal talking point. There should be no reason that a law abiding citizen shouldn't be able to carry firearms onto a school ground. If a criminal or an insane student want to carry onto a school ground and open fire, no amount of laws will stop them. At one time in this country students carried their personal firearms onto school property at will and did not shoot up their peers. I remember taking my gun to school during deer season so some of us could hunt the hill behind the school which held many black tails and was a favorite site for making drives.

3 posted on 07/03/2011 11:33:24 AM PDT by calex59
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To: FrogMom

Retreat hell.......reload!


4 posted on 07/03/2011 11:34:21 AM PDT by Recon Dad (Herman Cain is the man in 2012)
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To: marktwain

Death penalty is an appropriate punishment for breaking into someone’s home when occupied...


5 posted on 07/03/2011 11:37:36 AM PDT by who knows what evil? (G-d saved more animals than people on the ark...www.siameserescue.org.)
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To: Recon Dad
Retreat hell.......reload!

Reload hell....... Bigger magazine capacity! :^)

6 posted on 07/03/2011 11:45:34 AM PDT by The Cajun (Palin, Free Republic, Mark Levin, Rush, Hannity......Nuff said.)
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To: Recon Dad

Agree, that’s why I hated it!


7 posted on 07/03/2011 11:56:50 AM PDT by FrogMom (There is no such thing as an honest democrat!)
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To: calex59; marktwain
People, in general, should not be allowed to have guns on school property,

This is a BS statement and liberal talking point.

Of course it is. However,

"Do not let the perfect be the enemy of the good."

This was a hard-fought battle, and certain compromises were necessary. We didn't get everything we wanted, but what we did get is a vast improvement over what we had before.

This was a single battle in a long war. The imperfections in the school provisions will be addressed in the next round. It was a great victory for gun rights here in North Carolina.

8 posted on 07/03/2011 12:10:36 PM PDT by tarheelswamprat
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To: who knows what evil?

One thing I have always wondered. I know that if someone breaks into your house, sees that you have a gun and turns and runs out of your house, you cannot shoot him in the back. What if he breaks into your house, shoots and kills your wife and then turns and runs out of the house. Can you shoot him legally?


9 posted on 07/03/2011 1:35:20 PM PDT by SVTCobra03 (You can never have enough friends, horsepower or ammunition.)
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To: SVTCobra03
Can you shoot him legally?

Probably not, but on the other hand; laws vary from state to state.

10 posted on 07/03/2011 1:42:20 PM PDT by who knows what evil? (G-d saved more animals than people on the ark...www.siameserescue.org.)
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To: The Cajun

Reload hell....... Bigger magazine capacity! :^)

“Make your attacker advance through a wall of bullets. You may get killed with your own gun, but he’ll have to beat you to death with it, cause it’s going to be empty.”


11 posted on 07/03/2011 2:07:42 PM PDT by Recon Dad (Herman Cain is the man in 2012)
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To: tarheelswamprat
This was a single battle in a long war. The imperfections in the school provisions will be addressed in the next round.

Excellent. This is how the antis did it - small steps, small steps.

12 posted on 07/03/2011 2:29:45 PM PDT by Oatka ("A society of sheep must in time beget a government of wolves." –Bertrand de Jouvenel)
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To: Recon Dad
You may get killed with your own gun, but he’ll have to beat you to death with it, cause it’s going to be empty.”

Naw, than you pull your 14 inch Bowie and have some fun, Cajuns like Bowies :^)

13 posted on 07/03/2011 4:06:42 PM PDT by The Cajun (Palin, Free Republic, Mark Levin, Rush, Hannity......Nuff said.)
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To: marktwain

“People, in general, should not be allowed to have guns on school property”

So much for not being a liberal.


14 posted on 07/04/2011 8:04:51 AM PDT by CodeToad (Islam needs to be banned in the US and treated as a criminal enterprise.)
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To: marktwain

Good job.


15 posted on 07/04/2011 8:27:35 AM PDT by samtheman
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To: nnn0jeh

ping


16 posted on 07/04/2011 8:29:39 AM PDT by kalee (The offenses we give, we write in the dust; Those we take, we engrave in marble. J Huett 1658)
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