HB 1453 "Defense of School Children Punishment Act" penalizes defensive gun use

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[Analysis] HB 1453, "Discharging Firearm on School Property", would increase the penalty to a class F felony for discharging a firearm on educational property, including extracurricular activities sponsored by a school.

Although arguably well-intentioned and reasonable in appearance, HB 1453 is flawed because it would penalize anyone who uses a firearm to PROTECT children on educational properties by subjecting them to prosecution as a Class F felony instead of a less serious Class I felony. In short, it would treat them as common criminals. As has been repeatedly documented, armed citizens have stopped several school massacres. Examples of this were at: Pearl, MS; Appalachian School of Law in Grundy, VA; and Edinboro, PA.

Educational property includes woodlands owned by state universities.

Of note is the fact that some large tracts of wooded land owned by state universities would be included in this definition. Quite often this land adjoins private land where people hunt. It is not unheard of for hunters to stray across property lines accidentally while in pursuit of game animals. So a good faith hunting trip could potentially lead to a Class F felony conviction.

GRNC Good Samaritan Amendment.

GRNC is currently attempting to amend this bill to include a "Good Samaritan" exception. This would exempt from punishment anyone who discharges a firearm on educational property when it is in self defense or defense of others.

According to GRNC legal council:

- "North Carolina law has recognized a citizen's right to use force in self-defense or the defense of others - up to and including lethal force - throughout its history."
- "In 1927, the [North Carolina Supreme] Court stated, 'The first law of nature is that of self-defense.' Fifteen years ago, the Court characterized self-preservation as a 'primal impulse' and 'an inherent right of natural law.'
- "The right to use force in self-defense is thus firmly ensconced in North Carolina common law. HB 1453 threatens to erode this right in specific locations and at specific events, ..."
- "Under North Carolina law, a woman may legally fire a gun to defend herself from sexual assault, or her child from abduction, on the public highway going to or returning from a school-sponsored event. Under HB 1453, however, while at the event, she must engage an assailant with her bare hands or risk becoming a felon herself."
- "Over two hundred years of both federal and North Carolina criminal law jurisprudence have shown that relying on the discretion of law enforcement and/or prosecutors to 'do the right thing' is a well-intentioned but misguided approach to protecting citizens' rights."

Good News On HB 817, "Gun Sale Legal With Concealed Handgun Permit"

HB 817 has passed the NC Senate by a vote of 43-3. It is referred back to the NC House for a concurrence vote. Then it will go to the governor's desk for his signature. Once it becomes law, NC CCW permit holders will no longer have to submit to the redundant background checks now required under NC law.

IMMEDIATE ACTION REQUIRED

Contact ALL members of the NC House by using our auto-emailers


Follow this up with a call to at least your own NC House representative. You can find this person by going to this link:
http://www.grnc.org/contact_reps.htm 

You may find your representatives at this link:
http://www.grnc.org/contact_reps.htm 

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