SANFORD, N.C. -- North Carolina's new gun laws go into effect Thursday, relaxing some of the legal restrictions on residents who take up arms against intruders.
Law enforcement and weapons experts say the new law, which was passed by North Carolina legislators in June, will give state residents a clearer perspective on when they are authorized to use "deadly force" against an assailant or robber.
"People have always had the right to defend themselves, but it does give you more protection," said Lee County Sheriff Tracy Carter, a proponent of the new legal provisions.
Legal experts across the state say House Bill 650 grants legal protection to individuals who fire upon an intruder, be it in a home, vehicle or workplace.
Previous laws granted some leverage inside the home, but new regulations extend that refuge to property like cars or campsites. One of its more controversial stipulations will grant permission to licensed gun owners to carry a weapon into state parks.
Dave Wulff, a retired Cary police officer and a firearms instructor at Sanford's Deep River Sporting Clays and Shooting School, said earlier laws allowed residents to use deadly force if a burglar is in the process of breaking into the home, although the rules change once the intruder is inside.
At that point, an individual would have to abide by common law provisions that required a person to fear they were in imminent danger of death, injury or sexual assault before using deadly force.
Wulff, a Deep River instructor since the state's current gun laws were enacted in 1995, said many of his students were baffled by the distinction.
"What it's ultimately done for some people is clear up some things in the law that maybe needed to be cleared up," Wulff said.
New laws will open the door for individuals to refer to a tougher Castle Doctrine, a legal guidepost authorizing a resident to use force to protect their home.
Critics of the argument say the eased restrictions could lead to more violence and unnecessary shootings, problems that advocates say will be non-existent for trained, licensed gun owners.
Sanford Police Department Chief Ronnie Yarborough said the doctrine and the new law assumes that a person should be safe from attack inside their home.
"The changes should make things a little more clear for people and make people more comfortable," Yarborough said. "Pretty much in this law is a presumption that basically if you fear for your life, you can use deadly force."
Yarborough said previous rules pushed an individual to indicate some form of retreat before taking action. That is not the case anymore, according to Yarborough.
"I think the changes will be popular with basically the law-abiding citizens and give them more right to protect themselves," he added.
Leaders said the new legislation will have little to no effect on law enforcement, with Yarborough promising officers will continue to thoroughly investigate shootings involving home intruders.
Carter said the biggest benefit will be seen for lawful residents who can take up arms against robbers.
"It's going to happen to one of these thieves that continue to break into homes, or somebody that chooses to take others' property," Carter said. "It's going to happen because people are tired and fed up. This should be a warning to people that prey on other people."
Copyright 2011 - The Sanford Herald, N.C.
McClatchy-Tribune News Service
