NC expands Castle Doctrine, make other "gun friendly" changes.

[billwot]

Gun rights group: Castle Doctrine 'not a make my day law' :: WRAL.com

"Effective Dec. 1, gun owners will have less guesswork. The update to the law flips the burden of proof from the homeowner to prosecutors. If someone unlawfully crosses a homeowner’s threshold, whether there's a weapon in the intruder’s hands or not, it's automatically presumed that the person is a violent intruder."

One interesting provision is that the time frame allowed for issuing permits has been reduced from 90 days to 45 days.

 

[TooCalm]

45 days! When the clock runs out and the permit hasn't been issued, will the applicant will have to reapply and repay the fees like it was under the 90 day limit, or has NC just invented a new source of revenue?

 

[Ed Hamberger]

45 days! When the clock runs out and the permit hasn't been issued, will the applicant will have to reapply and repay the fees like it was under the 90 day limit, or has NC just invented a new source of revenue?

No it's not another revenue generator 'TooCalm', most County Sheriff's issue during a 45 day period anyway,(I recieved mine in 15 days in Granville County!). This simply forces the 'knuckle-draggers' to work a little harder!

 

[billwot]

This simply forces the 'knuckle-draggers' to work a little harder!

That's correct. Under the new law, the sherriffs department is required to complete the permitting process within 45 days. They don't have the option of "letting the clock run out."

We elected a new sherriff in my county (Wilson) and to my surprise, my renewal only took 25 days. Previously, they were running right at 90 days.

 

[BC1]

Gun rights group: Castle Doctrine 'not a make my day law' :: WRAL.com

"Effective Dec. 1, gun owners will have less guesswork. The update to the law flips the burden of proof from the homeowner to prosecutors. If someone unlawfully crosses a homeowner’s threshold, whether there's a weapon in the intruder’s hands or not, it's automatically presumed that the person is a violent intruder."

NC scores a win for the people. The ability to protect one's home and family is sacred.

Even liberal NY allows you to exercise deadly physical force to thwart attempted burglary. NYS Penal Law S35.20(3). Once the bug enters your home he's got trouble.

 

[Grognard Gunny]

I particularly liked the part about indemnity from civil suits in "righteous shoots". Always thought those were a tavestry of justice anyway. Too many freekin' Lawyers.... ALL trying desperately to find something to do.

See the discussion in the NC specific forum.

GG

 

[TooCalm]

Over 4 years ago in Catawba County under sheriff David Huffman my permit was held up. No one from the sheriffs department bothered to notify me that there was a problem. I only found out about it after I stopped in and checked on it. Buy the time the problem was rectified the time limit expired and I was told that I would have to repay, reapply, and wait for the system to reprocess my application. My skepticism is fueled by personal experience.

 

[billwot]

That should not have happened. Even under the 90-day rule, sherriff's departments had a mandate to process applications and either issue or deny a permit within 90 days. And NC is of course, a "shall issue" state, so unless there were background issues that would disqualify you, the sherriff is required to issue a permit.

The concensus opinion (from gun shops, instructors, and some LEOs) seems to be that if the local sherriff was sympathetic to concealed carry, they would process applications and issue permits in a timely manner. If they were not sympathetic to concealed carry, they would drag out the process to the 90 day limit.
But regardless, they were (are) required to adhere to the 90 day time frame (45 days when the new law goes into effect

A fellow permitee cautioned me to apply for my renewal early (more than 90 days before expiration) because the local sherriff's department was taking the full 90 days, so if you didn't allow yourself some safety margin, you could (legitimately) get caught in a situation similar to yours. But as I said, we have a new sherriff, and my renewal was completed in 25 days.

 

[billwot]

I just read the full text of the new statute. I noticed that it includes a provision for NC to recognize permits issued by any state.

 

[jg1967]

Gun rights group: Castle Doctrine 'not a make my day law' :: WRAL.com

"Effective Dec. 1, gun owners will have less guesswork. The update to the law flips the burden of proof from the homeowner to prosecutors. If someone unlawfully crosses a homeowner’s threshold, whether there's a weapon in the intruder’s hands or not, it's automatically presumed that the person is a violent intruder."


One interesting provision is that the time frame allowed for issuing permits has been reduced from 90 days to 45 days.

How could you possibly "intrude" a place without being violent? Talk the door into opening? Sheesh, the things we have to worry about just trying to protect ourselves.

 

[TooCalm]

That should not have happened. Even under the 90-day rule, sherriff's departments had a mandate to process applications and either issue or deny a permit within 90 days. And NC is of course, a "shall issue" state, so unless there were background issues that would disqualify you, the sherriff is required to issue a permit.

Who polices the police? As for having 90 days to issue or deny; I applied for the permit on May 29, 2007. David Huffman NEVER gave me a letter of Denial for the Concealed Carry Permit. On the advice of a lawyer I wrote him a letter requesting him to issue or deny the permit. He ignored the letter. I applied for a handgun purchase permit and on November 16, 2010 I got a letter of denial for a Handgun Purchase Permit, but to this day my concealed carry permit has not been issued nor denied. As for the law that requires the sheriff to issue or deny within 90 days, here in Catawba County under David Huffman it was a Joke!

 

[billwot]

Who polices the police? As for having 90 days to issue or deny; I applied for the permit on May 29, 2007. David Huffman NEVER gave me a letter of Denial for the Concealed Carry Permit. On the advice of a lawyer I wrote him a letter requesting him to issue or deny the permit. He ignored the letter. I applied for a handgun purchase permit and on November 16, 2010 I got a letter of denial for a Handgun Purchase Permit, but to this day my concealed carry permit has not been issued nor denied. As for the law that requires the sheriff to issue or deny within 90 days, here in Catawba County under David Huffman it was a Joke!

The state Attorey General, Roy Cooper in this instance. Based on the information you have posted, I would certainly contact the Attorney General's office and seek an answer as to why your local sherriff has not complied with the 90 day time frame.

 

[TooCalm]

Roy Cooper, If he didn't care the first time I contacted him why should he care now. I use to think that there was such a thing as Due process of the law before the state could deny or deprive a citizen of their life, liberty, or property. I was wrong!

 

[Grognard Gunny]

How could you possibly "intrude" a place without being violent? Talk the door into opening? Sheesh, the things we have to worry about just trying to protect ourselves.

That always bothered me. Particularly when some DA would try to make you into the Bad Guy for defending your domicile.

My thoughts on the matter are thus: This/These characters are making or trying to force entry into my home when they know damn well that I/we are at home. (Cursory examination would settle that.) Thus, my contention is, they have no fear of my presence. (As against your basic burgler who will only strike when no one is home.) It can be surmised, from the "no fear" attitude, then, that he/they are fully prepared to subdue ANY protest the homeowner makes to their unwanted entry. THAT, in and of itself, makes them a danger to my personal safety.

Open season! (Sorry, but when it comes to "home invasion" scenarios, my wife and I have one priority, stay safe and alive. That means "Counting Coup" on as many intruders as present themselves as targets. End of discussion!)

GG

 

[Grognard Gunny]

Roy Cooper, If he didn't care the first time I contacted him why should he care now. I use to think that there was such a thing as Due process of the law before the state could deny or deprive a citizen of their life, liberty, or property. I was wrong!

Due process is only fully realized by those who have the money, political "pull" or sympathy of the Press behind them. All others generally end up on the short end of the stick.

Can you imagine trying to make a "big deal" in the average Liberal run of the mill press about NOT being treated fairly under the Law trying to get a concealed carry permit? You might as well stack nickles with your nose.

On the other hand, this is the type of LAWMAN you work off the skyline to try to "depose" from his throne. (The satisfaction from that type of "win" is even better!)

GG

 

[Tucker's Mom]

Who polices the police? As for having 90 days to issue or deny; I applied for the permit on May 29, 2007. David Huffman NEVER gave me a letter of Denial for the Concealed Carry Permit. On the advice of a lawyer I wrote him a letter requesting him to issue or deny the permit. He ignored the letter. I applied for a handgun purchase permit and on November 16, 2010 I got a letter of denial for a Handgun Purchase Permit, but to this day my concealed carry permit has not been issued nor denied. As for the law that requires the sheriff to issue or deny within 90 days, here in Catawba County under David Huffman it was a Joke!

Did you get to be the "Flavour of the Month" or something? Have you heard of anyone else who suffered the same fate as you did? Hmmm...interesting...

 

[Tucker's Mom]

Judging by the colour of your posts, I am guessing that you are a Brit.

G'day...
We are under the Brits -- I am a fair dinkum Aussie. Sometimes I can't help my spelling and the way I talk 'strine...have to slow down sometimes to find the American equivalent of terminologies lurking in my coconut.:biggrin: