Castle Doctrine in North Carolina

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CASTLE DOCTRINE

IN

NORTH CAROLINA

Lennie Rodriguez

Business Law I - LEG 100

Professor Ken Helfing

December 1, 2011

CASTLE DOCTRINE IN NORTH CAROLINA

The Castle Doctrine is a bill in North Carolina that provides the citizen with the right to bear arms. The Bill of Rights gives Constitutional guidelines provided to each citizen with in the United States. With these rights, the II Amendment implements the well-regulated militia and the right to keep and bear arms. As U.S. citizens, we as people have obligations to uphold certain criteria’s in maintaining and protecting these rights.

According to past North Carolina statue, if one finds themselves facing the threat of injury or death at the hands of another possessing a deadly weapon, then we have the right to defend ourselves in the same manner of offender. In similar attack, if the use of deadly force is not in use then one do not have the right to use deadly force to defend one’s self. The threat and reaction have to be within the same caliber. The law governing defense of personal dwelling to be worse in North Carolina providing individuals the right to defend one’s home using deadly force begins and ends with the intruder’s attempt to force entry. Upon entry of the dwelling, the rules change and no longer can be taking into effect unless the situation inside the home meets the same criteria as of outside the home.

Two bills are competing in the committee in the North Carolina General Assembly that would rewrite the statue to allow for a far broader interpretation of what constitutes the right to use deadly force. SB 34 is one bill that would repeal the existing GS 14.51., allowing the use of deadly force under the presumption of forthcoming threat. HB 74 is the second bill that would provide a more in-depth situational issue to be performed, by allowing the use of deadly force under the presumption of impending threat in the home, extend that right to one’s...
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