North Carolinians Against Gun Violence (NCGV) is mischaracterizing the Castle Doctrine bills as a “shoot first” bill. This would be par for the course for this organization.
They say they represent families across North Carolina but all their leaders are from the Research Triangle. Not to take anything away from the good people of Raleigh, Chapel Hill, and Durham but to say they are representative of the rest of the state is ludicrous.
HB 74: A Threat to North Carolina
Information you need to know to protect your self against this dangerous legislation . . .
Send a letter to your Elected Officials asking them to stop HB 74
HB 74 is NOT Self-Defense
In North Carolina every citizen has the right to use deadly force to defend themselves or their families. If someone protects themselves with force they will not be prosecuted as long as they had no opportunity to retreat. There are no individuals in jail anywhere in the country who are in jail for acting in legitimate self-defense. HB 74 removes this “duty to retreat” and is an invitation to reckless use of guns. The new law eliminates a citizen’s duty to avoid the threat, and allows the use of deadly force before other options.
Who Does this Bill Endanger? You.
This bill provides protection for someone using deadly force — it provides no protections for the innocent victims caught in the crossfire. Worse yet, this legislation directly threatens North Carolinians whose jobs require them to visit others homes and properties. A social worker on an unannounced home visit, a volunteer distributing materials door to door, or even a mailman delivering a package is in potential danger.
Where Does Your Castle End?
HB 74 often referred to as the “Castle Doctrine” implies that this legislation applies only to a home or residence. However HB 74 extends past the individual’s home if they believe someone is committing a ‘forcible felony’ – which thereby includes nearly all public places. The shooter could receive immunity for shooting recklessly into a crowd, as long as he reasonably believed he was in serious danger. If passed this “Shoot First” law will not only permit shooting in our streets, the shooter will not be prosecuted for any death or injury whether to a hardened criminal or a helpless child who was only a by-stander.
No Recourse For Victims
If passed this “Shoot First” law will give the shooter complete immunity from criminal prosecution or civil liability. The shooter will not be prosecuted for any death or injury even if they kill or injure a person an innocent bystander or the wrong person.
The Threat is Real.
After passing similar legislation in Florida:
Kenneth Allen, 58, twice shot his neighbor, Jason Rosenbloom, 30, in early June 2006. Rosenbloom went to Allen’s house about a complaint filed. “I was no threat. I had no weapon… He had a gun. I turned around to put my hands up. He didn’t even say a word, and he fired once into my stomach. I bent over, and he shot me in the chest,” Rosenbloom told the New York Times. [New York Times, 8-7-06]
In 2008, two gangs in Tallahassee got into a shoot-out. A 15-year-old boy was killed. A judge dismissed charges against the shooters, citing Florida’s ‘Shoot First’ law. [ St. Petersburg Times, 10-17-10]
Christopher Cote, 19, of The Acreage, Florida was shot twice with a shotgun and killed by his neighbor, Jose Tapanes, 62, September 17 after an argument began when Cote walked his dog on Tapanes’ property. Tapanes has been charged with first-degree murder and has argued that the new Florida law gave him the right to kill the teen.[ Miami Herald, 9-18-06 ]
Gary Lee Hill got in an argument with a group of people at his house. There was a physical fight, but as the group of people drove away, Hill walked out away from his house with a gun and shot one member of the group, John Lee Knott, in the back. Mr. Hill was found “not guilty’ according to the standards of Colorado’s “Shoot First” law.