New North Carolina Gun-Rights Legislation

Until recently, North Carolina had some of the strictest gun control laws in the nation. Citizens had little assurance against criminal charges if they used a firearm to protect themselves or their family in their home; nor could they conceal and carry in many locations.

However, as reported by ABC, strong support from a Republican controlled legislature allowed a new gun-rights bill to pass without much opposition. This bill was put before Governor Perdue and signed into law back in June and will go into effect in December 2011.

The bill, which overhauls many of North Carolina’s gun control policies, provides added protection for those legally authorized to use and carry firearms.

“Castle Doctrine”

Under North Carolina’s previous gun control legislation, homeowners had to justify using a gun or other deadly weapon after the fact. This made people hesitant to protect themselves because criminal charges were likely to be brought against them.

The new bill, however, presumes that use of any weapon was lawful and the homeowner had a reasonable fear of serious bodily harm or imminent death.

Also known as the “castle doctrine,” the new law essentially shelters a shooter from criminal or civil liability so long as the shooting occurred within their homestead. Additionally, it shifts the burden in criminal proceedings off the shooter and to the prosecution, thus making it more difficult to obtain a conviction against someone protecting their home.

Additionally, the new bill extends this presumption into a person’s place of work and their car (in the event of a carjacking).

Conceal and Carry

The new gun-rights law also extends individuals the right to carry concealed weapons onto land previously barred. For example, legally authorized gun owners can now carry their weapons in state parks and other public attractions. However, local authorizes reserve the right to restrict carrying concealed weapons at public pools and athletic complexes.

Questions inevitably follow when representatives revamp gun control laws this significantly. Anyone who has questions regarding North Carolina’s new gun laws or needing criminal representation should contact an experienced criminal defense attorney immediately.