Dale Harant 0

NC Castle Doctrine

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We the people of the Great State of North Carolina propose this law for the purpose to protect life, limb and property without fear of prosecution. Castle Doctrine for the State of North Carolina. 1. Remove the duty to retreat from an aggressor using force or deadly force under any circumstances. Expands the types of premises where a person does not have a duty to retreat when using force in defense of self to include any place the person resides, a place where he is a guest, and his workplace. The law should also apply to protecting a child or member of the person's household, regardless of location. 2. Remove the duty to retreat from its use of force statutes and adds a general statement that a person not engaged in illegal activity, who is attacked in a place where he has a right to be, has no duty to retreat and has the right to stand his ground and meet force with force. 3. Include a presumption that a person who illegally or forcefully enters or attempts to enter a dwelling or occupied vehicle is presumed to be doing so with intent to commit an illegal act involving force or violence. 4. Provide immunity from criminal prosecution for a person who legally uses force or deadly force. This can apply to arrest, detention in custody, charging, and prosecuting. Law enforcement is authorized to use standard procedures to investigate but cannot arrest the person unless there is probable cause that the use of force was unlawful. 5. Provide immunity from civil actions for a person who is justified in using force or deadly physical force. We know North Carolina's law, but it needs to be expanded to include what has been listed above. (a) A lawful occupant within a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry (i) if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence, or (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence. Thank You,

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