Bill Allowing Permitless Concealed Carry On The Move in North Carolina

 

Chris Millis sponsored NC permitless concealed carry bill
North Carolina Rep. Chris Millis
Gov. Cooper worried about permitless concealed carry
North Carolina Governor Roy Cooper

The North Carolina General Assembly returned to work on Aug. 3, with Second Amendment supporters eyeing the Senate for action on an omnibus gun bill which would include permitless concealed carry.

House Bill 746 moved to the Senate in June after House members approved it by a tight vote of 64-51.

The bill, introduced by State Representative Chris Millis (R-for Onslow and Pender counties) would do a lot of things, but the issue that’s receiving lots of ink is that it would allow law-abiding adults to carry concealed handguns without a permit and with no training.

Permitless concealed carry for 18-year-olds worries some folks, including Gov. Roy Cooper.

But if the bill becomes law, carrying a concealed firearm without a permit would be allowed in North Carolina, where it has always been legal to carry openly without a permit.

North Carolinians could still apply for concealed-carry permits through sheriff’s offices to comply with reciprocity agreements while traveling to other states.

The debate has been ferocious. Pro-gun groups and Bloomberg poured lots of sweat equity into the fight, and that will undoubtedly continue, said Mark E. Edwards, U.S. Law Shield Independent Program Attorney at Edwards & Trenkle in Durham.

The Raleigh News & Observer reported that the bill passed along party lines, except for the six Republicans who voted against it and the two who were absent.

What are its chances in the Senate and beyond? That’s a good question, Edwards said. Support in the Senate is unclear, Edwards explained, adding that senators had yet to craft a companion bill.

Plus the Fraternal Order of Police in North Carolina doesn’t like the bill. According to a recent newsletter, the members worry that no permits mean no vetting of gun carriers for criminal backgrounds or mental illnesses, which, they added, could endanger cops on the beat.

Independent Program Attorney Edwards added that the House vote didn’t get enough “yeas” to override a veto from Gov. Cooper, who hasn’t said if he’d like to kill the bill, but who did say on Twitter that he considered it “troubling.”

His tweet: “Gun safety training is critical. I agree with many in law enforcement that this proposed law is troubling.”

But Edwards  noted that it’s premature to say the bill is dead. Rep. Millis has ensured that a fiscal note is attached to the bill, so HB 764 is still in play. Therefore, the Senate could surely consider it in August or even in 2018, which would give more time to build support. — By Bill Miller, contributor, Texas & U.S. Law Shield blog

Georgia: Can I Use Force Against Someone Burglarizing My Car?

Member Ambassador Sherry Hale:

Welcome members and fellow gun owners. In the last Members Voice video our member Tyler witnessed a criminal breaking into his car. Tyler drew his gun and the bad guys ran away.

The legal questions started pouring in, and members, you wanted to know your legal rights in your state. So here’s your U.S. Law Shield Independent Program Attorney to give you insight on what the law says.

U.S. Law Shield of Georgia Independent Program Attorney Matt Kilgo:

Can you use force to defend your motor vehicle? Well the law can be very complex and confusing here in Georgia. Let’s begin with a few definitions. First let’s talk about a habitation.

In Georgia there are three places that are habitations: Where you live, where you work, and how you get to where you live and work. Georgia law defines your home, your place of business, and your motor vehicle as habitations.

Georgia law also allows you to use the threat of force, force, and deadly force to protect your habitation. Threats of force: Get out of my home! The use of force: Anything short of deadly force. And in fact deadly force: That force which is intended or likely to cause death or great bodily harm. You can use deadly force to protect your habitation if you have a reasonable belief that another person has entered your habitation for the purpose of committing a felony.

So let’s talk about someone burglarizing your car in your driveway. What can you do? What kind of force can you use to stop them? Certainly you can use the threats of force and force. Can you use deadly force? Well remember, your car is a habitation. Georgia law allows you to use deadly force to protect your habitation from someone committing a felony inside it. Based on Georgia law, there’s a very strong argument that you can use deadly force to keep someone from burglarizing your vehicle.

Now we’re talking about you being outside the vehicle and someone getting into the vehicle. Certainly if you’re in the vehicle and this bad guy’s trying to get in with you, yes, you’re justified, because you’re protecting yourself and your family. You’re protecting whoever’s in the car. But if we’re outside the vehicle, bad guy’s outside the vehicle, can you use deadly force to keep him from committing a felony in the vehicle i.e. burglary? You know burglary in Georgia, the second degree burglary, can be entering a vehicle to commit a felony. Well according to the law, since your car is your habitation, you can use deadly force to protect your habitation to prevent the commission of a felony inside your habitation.

So from a legal perspective, it’s entirely possible that you could be justified in using deadly force against someone who’s burglarizing your vehicle.

From a public-policy perspective, and from perhaps the district attorney’s perspective, you may very well be charged with a crime if you injure that person, because just because you have that right, doesn’t necessarily mean that the district attorney agrees with you.

And in fact if you ask two lawyers the same question: “Can I use deadly force to protect my car from a burglary?” You’re going to get two different answers. One lawyer is going to say “Well sure, car’s your habitation you can use deadly force to protect your habitation.” The second lawyer is going to go “No no no no. Your car’s your property.”

Well I think the law is pretty clear that your car is a habitation, but I don’t think it’s going to keep you from being charged if you hurt someone who’s burglarizing your vehicle.

Let’s look at it from a practical standpoint though.

Let’s say you’re in your home. You look out the window. You see someone burglarizing your vehicle. Are you going to leave your position of safety? Are you going to give up your position of advantage to go outside and confront this person? Or are you going to call the police and let the police do their job?

I think prudence and common sense would say, yes, we let the police do the job. That’s what we pay them for. That’s why they’re here, to protect us. I do think if you decide to take that step and go outside, you’re giving up your position of advantage, or giving up your position of safety, and you’re putting yourself in an unreasonable situation without justification, but if you do that and you do fire on someone, the law could in fact protect you. But it may not keep you from being arrested.

Member Ambassador Sherry Hale:

Educating you is the cornerstone of U.S. Law Shield. Thank you for being a part of our family.

 

Florida: Can I Use Force Against Someone Burglarizing My Car?

Law Shield Member Ambassador Sherry Hale:

Welcome members and fellow gun owners. In the last Members Voice video our member Tyler witnessed a criminal breaking into his car. Tyler drew his gun and the bad guys ran away.

The legal questions started pouring in, and members, you wanted to know your legal rights in your state. So here’s your U.S. Law Shield Independent Program Attorney to give you insight on what the law says.

U.S. Law Shield of Florida Independent Program Attorney James Phillips:

You’re sitting in your house watching your favorite TV show, and you hear glass breaking in your driveway. You look out the window. You see someone still in your brand-new car. What do you do? What can you do?

We are frequently asked this question by U.S. Law Shield Members. Several areas of the law are involved in this answer.

Under Florida Statute 776.013, which is commonly known as the Florida Castle Doctrine, you might believe that you have the right to use deadly force to keep someone from stealing your car.

776.013 does allow the use of deadly force against another, when the person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed, or was attempting to remove another against that person’s will from a dwelling, residence, or occupied vehicle.

The key here, is that the law allows the use of deadly force if the vehicle is occupied. Which is not our example. Further, Florida law allows the use of deadly force to prevent the imminent commission of a forcible felony, and it lists burglary as a forcible felony.

However it is unlikely that deadly force will be found to be reasonable and necessary to protect only an unoccupied vehicle. When your car is parked outside of your home and no one is in it, it is just another piece of property and the use of force law covering the protection of property apply.

These laws can be found in Florida Statute Section 776.031, which in relevant part reads “A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on or criminal interference with, either real or personal property lawfully in his or her possession. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threaten to use such force.” Note that the law only allows the use of force, and not the use of deadly force. Deadly force can not be used to protect solely property in Florida with very limited exceptions.

Should you choose to use deadly force to protect your car sitting in the driveway, your attorney and the prosecutor will argue about how the law should be interpreted. And a jury will likely decide your fate. Therefore if you’re in your home, and you notice someone’s stealing your car, the best thing to do is call 9-1-1 and be the very best witness you can be.

Law Shield Member Ambassador Sherry Hale:

Educating you is the cornerstone of U.S. Law Shield. Thank you for being a part of our family.

 

Missouri: Can I Use Force Against Someone Burglarizing My Car?

Law Shield Member Ambassador Sherry Hale:

Welcome members and fellow gun owners.

In the last Members Voice video, our member Tyler witnessed a criminal breaking into his car. Tyler drew his gun and the bad guys ran away.

The legal questions started pouring in, and members, you wanted to know your legal rights in your state. So here’s your U.S. Law Shield Independent Program Attorney to give you insight on what the law says.

Independent Program Attorney for U.S. Law Shield of Missouri:

Hi, I’m John Schleiffarth, Independent Program Attorney for U.S. Law Shield in Missouri.

If you find that someone is burglarizing your car in your driveway, the first and best thing to do is call the police.

Legally you can use force to protect your property, but you can’t use deadly force. You can use enough force that’s justified to protect your stuff. You can detain the bad guy until the police arrive. However you got to be careful that you don’t use too much force. You still can’t use deadly force to hold someone until the police come, so be careful and the best thing to do is still to call the police and let them do that job.

Whether your car is parked in your private driveway, or whether it’s in a public parking lot, you’re really in the same position in terms of what kind of force you can use to protect things from being stolen out of your car. If you’re in a position where someone is stealing things out of your car, you can use a reasonable amount of force to stop that from happening, but you can’t use deadly force unless your life or someone else’s life is being threatened.

Law Shield Member Ambassador Sherry Hale:

Educating you is the cornerstone of U.S. Law Shield. Thank you for being a part of our family.

 

 

 

Oklahoma: Can I Use Force Against Someone Burglarizing My Car?

 

Law Shield Member Ambassador Sherry Hale:

Welcome members and fellow gun owners. In the last Members Voice video, our member Tyler witnessed a criminal breaking into his car. Tyler drew his gun and the bad guys ran away.

The legal questions started pouring in, and members, you wanted to know your legal rights in your state. So here’s your U.S. Law Shield Independent Program Attorney to give you insight on what the law says.

U.S. Law Shield of Oklahoma Independent Attorney Robert Robles:

Hi, this is Robert Robles, attorney from U.S. Law Shield here to talk to you today about what to do when someone is burglarizing your car in your driveway.

What I recommend is that you call 9-1-1. Call the police. Call the sheriff. Call legal authorities to help you stop this
burglary in progress.

Now what kind of force can you use? You can use reasonable force such as yelling at the person, telling them you’ve called the police, and make them go away, or if you are faced with deadly force, such as the burglar turning on you and coming at you with
screwdriver or with some object that he can inflict serious damage on you, you can stand your ground, meet his force with reasonable force, up to and including deadly force.

Now then, that means using your firearm. Can you detain the perpetrator until the police arrive? What does that mean? Can you pull a gun on him and put it in his back? Or put it on him and tell them stay right here as the police come? Yes you could do that, because you would be stopping a forcible felony in progress.

However, it is a very dangerous event and what are you going to do if the burglar turns around and starts to walk off or run away? If you shoot him in the back, you will be charged with either assault with a deadly weapon, shooting with intent to kill, or Lord forbid, murder in the second degree or some other crime.

If the burglar charges you, because you’ve tried to detain him, you pointed a gun at him, and you’re not adequately trained on what to do, and he takes the gun away from you, you then become in a battle for your life. So I highly recommend that you do not attempt to detain a burglar unless you’re trained to do so, either through military or police, or some other fashion, on how to disarm someone, or how to arrest someone. And it would be very helpful if you have handcuffs or other binders to hold this person in custody. But I don’t recommend you do that.

What happens if you’re in a public area and you encounter someone breaking into your car? You could use Stand Your Ground doctrine if the burglar attempts to come at you, or if the car is occupied by your children you could use the Castle Doctrine.

But if the car is unoccupied, you can only use reasonable force to meet whatever force the burglar is going to exhibit.

Law Shield Member Ambassador Sherry Hale:

Educating you is the cornerstone of U.S. Law Shield. Thank you for being a part of our family.

 

Pennsylvania: Can I Use Force Against Someone Burglarizing My Car?

Law Shield Member Ambassador Sherry Hale:

Welcome members and fellow gun owners. In the last Members Voice video, our member Tyler witnessed a criminal breaking into his car. Tyler drew his gun and the bad guys ran away.

The legal questions started pouring in, and members, you wanted to know your legal rights in your state. So here’s your U.S. Law Shield Independent Program Attorney to give you insight on what the law says.

U.S. Law Shield of Pennsylvania Independent Program Attorney Justin McShane:

It’s the middle of the night, and all of a sudden, you hear crashing glass. You come to your fully awake state, and you think: “Did the dog knock over something?” You start looking around, and all of a sudden you notice that there’s some scumbag that broke your window. It’s looking to get in your car, that’s in your driveway, and you have an unattached driveway, meaning it’s a little bit away from the house.

Oh man. They picked the wrong person, right?

Boss. Stop.

Know the law in Pennsylvania. Now it’s a different story if they broke into your garage, or even if your garage door was open, and they broke into your car, because that follows under the Castle Doctrine. We have a whole video that talks about the Castle Doctrine, and what that means. If you’re inside your car when they’re breaking in, that also falls under the Castle Doctrine, and take a look at that video.

What I’m talking about is your unattached driveway, that’s a little bit further away, and it’s parked there. That doesn’t fall under the Castle Doctrine.

What can you do? You can take video of it. Call 9-1-1. Wait for the police to respond. You can confront the person with words. You can sit there and you can say “Stop what you’re doing!” And that might be enough to provoke that startle reflex, and they go running away.

Or it might provoke them to take armed aggression towards you if they have any sort of weapon. So you have to be situationally aware of all these things, and think them out in your mind and because there’s so many permutations and variable.

But if they’re just simply breaking in, you cannot draw down on them with your AR and start shooting. That’s going to be a crime under that scenario. And if it changes where they take an aggressive posture, where they start charging at you, or something like that, that’s totally different, totally different.

But when it comes to just a simple break into your car, that’s so offensive, you cannot take the law in your own hands and it is not the death penalty that you’re allowed to unleash upon that scumbag. That’s the law in Pennsylvania.

Law Shield Member Ambassador Sherry Hale:

Educating you is the cornerstone of U.S. Law Shield. Thank you for being a part of our family.

 

Virginia: Can I Use Force Against Someone Burglarizing My Car?

 

When can I use force against someone burglarizing my car in Virginia?

Law Shield Member Ambassador Sherry Hale:

Welcome members and fellow gun owners. In the last Members Voice video, our member Tyler witnessed a criminal breaking into his car. Tyler drew his gun and the bad guys ran away.

The legal questions started pouring in, and members, you wanted to know your legal rights in your state. So here’s your U.S. Law Shield Independent Program Attorney to give you insight on what the law says.

U.S. Law Shield Independent Program Attorney Ed Riley:

Hi, my name is Ed Riley, and I’m a U.S. Law Shield Independent Program Attorney for Virginia.

We often get asked “What can I do if I see somebody breaking into my car when it’s in my driveway or on the street near my house?”

The first thing I want to make very clear is that you CANNOT use deadly force or the threat of deadly force to defend personal property such as a car or items in a car.

What we recommend in this situation, is that you call 9-1-1, and get the authorities to your location as soon as possible.

In the event you decide to intercede and approach the bad guy that’s taking your property, you must proceed very cautiously. Virginia does not allow you to commit an offense to defend that property, such as assault and battery or brandishing of a firearm.

The law does allow you to use as much force as reasonably necessary to protect your property, as long as you do not commit such an offense as assault and battery or a breach of the peace.

In the event you decide to intercede and approach the bad guy to defend your personal property, you must proceed very cautiously, because these situations move quickly and you could become the victim of an attack at which point you would be entitled to defend yourself with the use of reasonable force.

If you need to know more about that type of situation, you can view other videos such as these, or our book “Virginia Gun Law Armed and Educated.”

Law Shield Member Ambassador Sherry Hale:

Educating you is the cornerstone of U.S. Law Shield. Thank you for being a part of our family.

North Carolina Members Get Broader Sunday Hunting Access

 

Deer huntiing
The Outdoor Heritage Enhanced (OHE) bill extends Sunday hunting to public lands managed by the N.C. Wildlife Resources Commission.

North Carolina’s General Assembly and  Gov. Roy Cooper have broadened access to Sunday hunting in the just-passed “Outdoor Heritage Enhanced” legislation. It was signed by Gov. Cooper on June 24.

It’s a compromise bill built from House Bill 559 and Senate Bill 624. “This legislation,” said State Rep. John Bell, a sponsor of the bill, “will significantly increase access and opportunity for North Carolina’s sportsmen and women, particularly youth and hardworking adults with limited weekend hunting opportunities.”

Bell is a Republican from Wayne County and the House majority leader.

HB 559 expands the Outdoor Heritage Act (OHA) of 2015, which allowed landowners and their guests to hunt Sundays on private property.

Specifically, Outdoor Heritage Enhanced (OHE) bill extends Sunday hunting to public lands managed by the N.C. Wildlife Resources Commission.

Also, Sunday hunting with guns would no longer be banned within 500 yards of homes “not owned by the landowner nor barred in counties with populations larger than 700,000,” according to a statement from the Congressional Sportsmen’s Foundation (CSF). Those counties include Wake and Mecklenburg.

With Gov. Cooper’s signature, additional barriers to Sunday hunting will be lifted by allowing the state Wildlife Resources Commission to create a process which could open more than 2 million acres of public land for Sunday hunting.

Outdoor Heritage Enhanced also removes prohibitions on hunting within 500 yards of a residence, allows the Wildlife Resources Commission to conduct a comprehensive study and formulate rules allowing migratory bird hunting on Sunday, removes the blanket prohibition of hunting within counties having a population greater than 700,000 people and requires any county wishing to “opt-out” of Sunday hunting do so by a county-wide voter referendum.

The legislation gained the support of Richard Childress, a North Carolina native and life-long hunter. Efforts to create additional hunting opportunities were the focus of the N.C. Sunday Hunting Coalition, including NSSF, the Congressional Sportsmen’s Foundation, Delta Waterfowl, and Safari Club International.

Thus, Sunday hunting with guns would be extended “to all 100 counties in the state,” the CSF reported.

Places of worship, however, would still get the 500 yards buffer. Also, any county can opt out, but only through a countywide voter referendum. And the new bill retains the rule restricting Sunday hunts between 9:30 a.m. and 12:30 p.m.

The Sunday ban on hunting migratory birds might also end. But first, state wildlife officials must investigate the “biological, economic, social, and resource management impacts of allowing migratory bird hunting on Sundays,” the CFS said.

However, that one more day of access is bound to benefit more than sportsmen, women, and their families.

The Tar Heel State is home to 1.63 million hunters and anglers, who spend about $2.3 billion each year on licenses and gear which supports 35,088 jobs, according to the CSF.

“Reducing barriers to participation in hunting is critical to the furtherance of our sporting traditions for future generations,” Bell said.

Richard Childress agreed. He’s a North Carolina native, entrepreneur, and former NASCAR driver. He’s also an honorary board member for the CSF.

“Lack of access is cited as one of the biggest barriers to hunting participation,” said Childress. “I am very pleased that more families will have opportunities to spend time together in the field.” —By Bill Miller, contributor, Texas & U.S. Law Shield blog

 

Three Little Words: ‘Hunting Year-Round’ in the Lone Star State

 

Ready for Hunting Season? 4 Mistakes Every Hunter Should Avoid.

 

Knife Rights Victory: Automatic Knives Now Legal in Michigan

Knife Rights fights to end switchblade ban in Michigan

A ban on the possession of automatic or mechanical knives (usually referred to as “switchblades”) in Michigan recently changed when Gov. Rick Snyder (R) signed Senate Bill 245 into law.

According to a press release issued by the organization Knife Rights, the new law “repeals Section 226a (switchblade ban) of the Michigan penal code originally enacted in 1952. SB245 is the culmination of years of effort by Knife Rights and our friends in Michigan including Sen. Mike Green, the original sponsor of the bill. SB245 becomes effective in 90 days on October 10, 2017. Switchblade (automatic) knives remain illegal in Michigan until then.”

MichiganLive.com reported that Senate Bill 245, “was introduced by Sen. Rick Jones, (R-Grand Ledge), and passed the Senate Judiciary Committee he chairs in March. Both the House and Senate passed the legislation, and the legislation was sent to the governor in June.”

Sen. Jones pointed out there was a good deal of confusing language in the state statute banning mechanical knives. So much so, law-enforcement officials told his committee that police themselves were unsure about how to interpret the law. The result was some people found carrying these knives were cited, while others were not.

“For years we’ve had on the books [that] it’s a violation to have a knife with a mechanical way of opening it,” said Sen. Jones. “And this has led to a lot of people being charged with a one-year, high misdemeanor, and it really isn’t necessary.”

Knife Rights Chairman Doug Ritter said, “This is a great day for Michigan knife owners, but there is still plenty of work to be done to rid Michigan of its remaining archaic and vague knife restrictions. Knife Rights will keep working until Michigan’s law-abiding knife owners are free to carry any blade they want.”

Knife Rights has worked to repeal switchblade bans in Alaska, Colorado, Indiana, Kansas, Maine, Missouri, New Hampshire, Nevada, Oklahoma, Tennessee, Texas and Wisconsin.

—By Brian McCombie, Texas & U.S. Law Shield blog contributor

Trio of Oklahoma Bills Land on the Governor’s Desk

U.S. Law Shield of Oklahoma Independent Program Attorney Robert Robles points out that three notable Senate bills involving firearms have been sent to Republican Oklahoma Governor Mary Fallin for signature. She signed the first, SB 40, into law May 15.

Dubbed the “Point, Don’t Shoot” bill, SB 40 protects an individual who points a firearm in self-defense. Under current state law, individuals can be charged with a felony for simply pointing a firearm, even in self-defense, except in instances of deadly force.

Oklahoma Gov. Mary Fallin

The new law allows individuals to draw a weapon to defuse a volatile situation and/or to prevent death, great bodily injury or the commission of a forcible felony.

Governor Fallin will likely sign the other two bills, SB 35 and SB 397, into law later this month. Attorney Robles said all three of the bills had the support of Oklahoma 2nd Amendment Association.

SB 35 would allow active duty members of the military to carry a handgun using their military ID card as their license, except as otherwise prohibited by law. Individuals still need to be 21 years of age or older, and be either active military or a member of the Reserve or National Guard. A valid military identification card would be considered a valid handgun license issued pursuant to the Oklahoma Self-Defense Act.

Individuals would need to have this military ID, as well as a valid Oklahoma driver’s license or other Oklahoma State photo identification, when in possession of an authorized pistol. This ID would need to be provided on the demand of a law enforcement officer.

SB 35 has passed both the State House and Senate and was sent to Governor Fallin’s desk on May 11.

The final bill, SB 397, would remove language from the current law that makes it a felony, with a $10,000 fine, to carry a handgun onto any bus. Supporters of the bill maintain that the current law discriminates against those who choose to use public transportation to travel and prohibits them from being able to carry a firearm for self-defense.

The current wording states, “No person, other than an authorized law enforcement officer, shall board a bus with a dangerous or deadly weapon concealed upon or about his person. Upon the discovery of any such item or material, the company may obtain possession and retain custody of such item or material until it is transferred to the custody of law enforcement officers… Any person convicted of violating this subsection shall be guilty of a felony, and shall, upon conviction, be imprisoned for not more than ten (10) years, or fined not more than Ten Thousand Dollars ($10,000), or both.”

SB397 passed both the State House and Senate, was sent to Governor Fallin’s desk on May 15. — by Peter Suciu, contributor, Texas & U.S. Law Shield blog