Fishing_Cabin
New member
Since the passage of NC HB 650, I would like to discuss a few things here, providing the mods agree.
There was a shooting over in Wilkes county NC that has tended to divide a few issues as far as public opinion from reading the comments. The details may be viewed on the local news website http://www.wxii12.com/news/29692849/detail.html which you can read the comments for yourself, as well as other local internet forums. NC HB650 states, as follows,
" SECTION 1. Article 14 of Chapter 14 of the General Statutes is amended by adding the following new sections to read:
"§ 14-51.2. Home, workplace, and motor vehicle protection; presumption of fear of death or serious bodily harm.
(a) The following definitions apply in this section:
(1) Home. – A building or conveyance of any kind, to include its curtilage, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed as a temporary or permanent residence.
(2) Law enforcement officer. – Any person employed or appointed as a full-time, part-time, or auxiliary law enforcement officer, correctional officer, probation officer, post-release supervision officer, or parole officer.
(3) Motor vehicle. – As defined in G.S. 20-4.01(23).
(4) Workplace. – A building or conveyance of any kind, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, which is being used for commercial purposes.
(b) The lawful occupant of a home, motor vehicle, or workplace is presumed to have held a reasonable fear of imminent death or serious bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or serious bodily harm to another if both of the following apply:
(1) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a home, motor vehicle, or workplace, or if that person had removed or was attempting to remove another against that person's will from the home, motor vehicle, or workplace.
(2) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
(c) The presumption set forth in subsection (b) of this section shall be rebuttable and does not apply in any of the following circumstances:
(1) The person against whom the defensive force is used has the right to be in or is a lawful resident of the home, motor vehicle, or workplace, such as an owner or lessee, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person.
(2) The person sought to be removed from the home, motor vehicle, or workplace is a child or grandchild or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the defensive force is used.
(3) The person who uses defensive force is engaged in, attempting to escape from, or using the home, motor vehicle, or workplace to further any criminal offense that involves the use or threat of physical force or violence against any individual."
What I would like to discuss is this...
Where does one draw a line between buying security, and standing up for your own life and income/business? i.e. locked door, alarm system, security camera, unarmed security gaurds, armed security gaurds, owner staying at the business armed, etc??? If the business is occupied, and it is broken in to, I, personally would assume those breaking in would have violence on their mind.
There was a shooting over in Wilkes county NC that has tended to divide a few issues as far as public opinion from reading the comments. The details may be viewed on the local news website http://www.wxii12.com/news/29692849/detail.html which you can read the comments for yourself, as well as other local internet forums. NC HB650 states, as follows,
" SECTION 1. Article 14 of Chapter 14 of the General Statutes is amended by adding the following new sections to read:
"§ 14-51.2. Home, workplace, and motor vehicle protection; presumption of fear of death or serious bodily harm.
(a) The following definitions apply in this section:
(1) Home. – A building or conveyance of any kind, to include its curtilage, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed as a temporary or permanent residence.
(2) Law enforcement officer. – Any person employed or appointed as a full-time, part-time, or auxiliary law enforcement officer, correctional officer, probation officer, post-release supervision officer, or parole officer.
(3) Motor vehicle. – As defined in G.S. 20-4.01(23).
(4) Workplace. – A building or conveyance of any kind, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, which is being used for commercial purposes.
(b) The lawful occupant of a home, motor vehicle, or workplace is presumed to have held a reasonable fear of imminent death or serious bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or serious bodily harm to another if both of the following apply:
(1) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a home, motor vehicle, or workplace, or if that person had removed or was attempting to remove another against that person's will from the home, motor vehicle, or workplace.
(2) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
(c) The presumption set forth in subsection (b) of this section shall be rebuttable and does not apply in any of the following circumstances:
(1) The person against whom the defensive force is used has the right to be in or is a lawful resident of the home, motor vehicle, or workplace, such as an owner or lessee, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person.
(2) The person sought to be removed from the home, motor vehicle, or workplace is a child or grandchild or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the defensive force is used.
(3) The person who uses defensive force is engaged in, attempting to escape from, or using the home, motor vehicle, or workplace to further any criminal offense that involves the use or threat of physical force or violence against any individual."
What I would like to discuss is this...
Where does one draw a line between buying security, and standing up for your own life and income/business? i.e. locked door, alarm system, security camera, unarmed security gaurds, armed security gaurds, owner staying at the business armed, etc??? If the business is occupied, and it is broken in to, I, personally would assume those breaking in would have violence on their mind.
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