by NC State Senator Peter Brunstetter (R-Forsyth) has introduced S. 124 which could be very well be renamed “The Don’t Be A Joe Biden” Law. The actual working title is “Shoot Gun From Inside/To Harm or Incite Fear”.
On Tuesday, Vice-President Joe Biden gave the following advice on a Facebook forum sponsored by Parents Magazine. It was in response to a question about families being left defenseless if a new assault weapons (sic) ban is passed.
“Kate,” he said, “if you want to protect yourself, get a double-barrel shotgun, have the shells, a 12-gauge shotgun.”
It turns out that this is the same advice he gave his own wife on how to defend their home in rural Delaware.
“I said, ‘Jill, if there’s ever a problem, just walk out on the balcony here. Walk out and put that double-barrel shotgun and fire two blasts outside the house’ … You don’t need an AR-15—it’s harder to aim … It’s harder to use, and in fact you don’t need 30 rounds to protect yourself. Buy a shotgun! Buy a shotgun!”
Of course it is stupid advice to tell someone to fire any firearm into the air as a warning.
S. 124 would make it a Class E felony to fire a gun from inside a structure so as to “incite fear”.
A BILL TO BE ENTITLED
AN ACT TO MAKE IT A CRIMINAL OFFENSE TO DISCHARGE A FIREARM FROM WITHIN AN ENCLOSURE WITH THE INTENT TO DO HARM OR INCITE FEAR.
The General Assembly of North Carolina enacts:
SECTION 1. Article 8 of Chapter 14 of the General Statutes is amended by adding a new section to read:
Ҥ 14-34.10. Discharge firearm within enclosure to do harm or incite fear.
Unless covered under some other provision of law providing greater punishment, any person who willfully or wantonly discharges or attempts to discharge a firearm within any building, structure, motor vehicle, or other conveyance, erection, or enclosure with the intent to do harm or incite fear shall be punished as a Class E felon.”
SECTION 2. This act becomes effective December 1, 2013, and applies to offenses committed on or after that date.
I have no idea whether this bill will become law. While I enjoy tweaking the Vice-President, I could see an over-zealous prosecutor using this to weaken the protections afforded by the Castle Doctrine.