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Posted: 5/5/2017 7:09:44 PM EDT
NC House Passed HB 330 – Allowing Drivers To Legally Drive Through Protesters Who Block Roads
Story here
Link Posted: 5/6/2017 12:15:47 AM EDT
[#1]
The Rodney King riots were clear proof that 'protests' are a threat to life and limb.  Common sense says that when you are faced with a deadly threat, you are permitted to take whatever action is necessary to prevent your grievous bodily harm or death.  I do not understand why a separate law was necessary, though I do enjoy the tort limitations currently floating around.  People want bacon; you've got to smell a pig or two to get it.
Link Posted: 5/6/2017 8:54:10 AM EDT
[#2]
Actually the law just makes drivers immune from civil liability if they injure a protester....it doesn't grant any immunity from criminal charges.  Going to be an interesting case when a protester pulls out a concealed weapon and shoots a driver coming towards him because he was "in fear for his life" from the driver.  If you plan on using this law you'd better get a dash cam because you are going to have to prove that you did not "target" a protester.
Link Posted: 5/6/2017 1:12:09 PM EDT
[#3]
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Quoted:
Actually the law just makes drivers immune from civil liability if they injure a protester....it doesn't grant any immunity from criminal charges.  Going to be an interesting case when a protester pulls out a concealed weapon and shoots a driver coming towards him because he was "in fear for his life" from the driver.  If you plan on using this law you'd better get a dash cam because you are going to have to prove that you did not "target" a protester.
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There will be media and 'protester' videos as well.
Uncut L.A. Riot Footage - Reginald Denny Beating / Looting
Link Posted: 5/10/2017 10:38:03 PM EDT
[#4]
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Quoted:
Actually the law just makes drivers immune from civil liability if they injure a protester....it doesn't grant any immunity from criminal charges.  Going to be an interesting case when a protester pulls out a concealed weapon and shoots a driver coming towards him because he was "in fear for his life" from the driver.  If you plan on using this law you'd better get a dash cam because you are going to have to prove that you did not "target" a protester.
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I believe the shooter would have a hell of a legal battle coming in this instance. Afterall if you had the time to draw, aim and fire(and still not get your ass flattened) then you had time to move out of the way without steps 1-3
Link Posted: 5/11/2017 8:25:13 AM EDT
[#5]
Really...you are in the street and look up to see a car heading straight at you, you are surrounded by other people so can't quickly move out of the way....how long does it take for you to draw and fire?  I remember many cases of the police justifying using deadly force because someone was trying to run them over...if it is good enough defense for the police isn't it good enough for the average citizen?  I think the burden will be on the driver to show that he was using not trying to hit the person but simply trying to continue on his way.  Also, remember the bill only grants immunity from a civil lawsuit....does not grant immunity from criminal charges.  Try this in Durham County or Chapel Hill and see how fast criminal charges are brought against you.
Link Posted: 5/11/2017 9:21:57 PM EDT
[#6]
If you are unlawfully blocking the road, you can not shoot in self defense, you are the aggressor. Didn't you learn this in your CCW class.
The rules for police are not the same for a citizen's use of lethal force.
Link Posted: 5/13/2017 8:06:26 AM EDT
[#7]
Not only did I learn the aggressor rule in class but I'm also an instructor.  Someone in the road and not approaching your vehicle is not being aggressive to you (in my opinion).  Now, if they are approaching your car, beating on your car, trying to get into your car...yes, then they are an aggressor.  However, I don't think a jury would agree with you if you are driving down the highway and up ahead you see a group of folks in the road and decide to go through them...don't think the jury would call the folks in the road the aggressor.  Again, the law says nothing about criminal immunity, only civil immunity.  Obviously I could be wrong but I think it is unwise for anyone to think this new law gives them "carte blanche" to drive through a group of protesters on the highway without exercising, and being able to prove they were exercising, due caution not to injure anyone.
Link Posted: 5/14/2017 4:56:58 PM EDT
[#8]
Can you be legally armed while protesting in NC?
Link Posted: 5/15/2017 1:49:57 AM EDT
[#9]
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Quoted:

Can you be legally armed while protesting in NC?
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I'm pretty sure picket lines and protests are specifically off-limits if you're carrying (I haven't lived in NC for a few years so my information may be out of date.)
Link Posted: 5/15/2017 11:24:11 PM EDT
[#10]
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Quoted:

Can you be legally armed while protesting in NC?
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Nope

North Carolina General Statue 14-277.2§ 14-277.2 Weapons at parades, etc., prohibited(a)        It shall be unlawful for any person participating in, affiliatedwith, or present as a spectator at any parade, funeral procession, picket line, or demonstration upon any
     private health care facility or upon any public place owned or under the control of the      State or any of its political subdivisions to willfully or intentionally possess or have immediate access to
     any dangerous weapon. Violation of this subsection shall be a Class 1 misdemeanor.
Link Posted: 5/16/2017 9:17:50 PM EDT
[#11]
Link Posted: 5/16/2017 10:18:54 PM EDT
[#12]
So, anyone protesting and blocking the road would be armed illegally?
Link Posted: 5/18/2017 6:35:37 PM EDT
[#13]
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Quoted:
Don't forget to quote the whole statute...

§ 14-277.2.  Weapons at parades, etc., prohibited.
(a)        It shall be unlawful for any person participating in, affiliated with, or present as a spectator at any parade, funeral procession, picket line, or demonstration upon any private health care facility or upon any public place owned or under the control of the State or any of its political subdivisions to willfully or intentionally possess or have immediate access to any dangerous weapon. Violation of this subsection shall be a Class 1 misdemeanor. It shall be presumed that any rifle or gun carried on a rack in a pickup truck at a holiday parade or in a funeral procession does not violate the terms of this act.
(b)        For the purposes of this section the term "dangerous weapon" shall include those weapons specified in G.S. 14-269, 14-269.2, 14-284.1, or 14-288.8 or any other object capable of inflicting serious bodily injury or death when used as a weapon.
(c)        The provisions of this section shall not apply to a person exempted by the provisions of G.S. 14-269(b) or to persons authorized by State or federal law to carry dangerous weapons in the performance of their duties or to any person who obtains a permit to carry a dangerous weapon at a parade, funeral procession, picket line, or demonstration from the sheriff or police chief, whichever is appropriate, of the locality where such parade, funeral procession, picket line, or demonstration is to take place.
(d)       The provisions of this section shall not apply to concealed carry of a handgun at a parade or funeral procession by a person with a valid permit issued in accordance with Article 54B of this Chapter, with a permit considered valid under G.S. 14-415.24, or who is exempt from obtaining a permit pursuant to G.S. 14-415.25. This subsection shall not be construed to permit a person to carry a concealed handgun on any premises where the person in legal possession or control of the premises has posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with G.S. 14-415.11(c).  (1981, c. 684, s. 1; 1983, c. 633; 1993, c. 412, s. 2; c. 539, s. 174; 1994, Ex. Sess., c. 24, s. 14(c); 1997-238, s. 4; 2013-369, s. 15.)
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Quoted:
Quoted:

Nope

North Carolina General Statue 14-277.2§ 14-277.2 Weapons at parades, etc., prohibited(a)        It shall be unlawful for any person participating in, affiliatedwith, or present as a spectator at any parade, funeral procession, picket line, or demonstration upon any
     private health care facility or upon any public place owned or under the control of the      State or any of its political subdivisions to willfully or intentionally possess or have immediate access to
     any dangerous weapon. Violation of this subsection shall be a Class 1 misdemeanor.
Don't forget to quote the whole statute...

§ 14-277.2.  Weapons at parades, etc., prohibited.
(a)        It shall be unlawful for any person participating in, affiliated with, or present as a spectator at any parade, funeral procession, picket line, or demonstration upon any private health care facility or upon any public place owned or under the control of the State or any of its political subdivisions to willfully or intentionally possess or have immediate access to any dangerous weapon. Violation of this subsection shall be a Class 1 misdemeanor. It shall be presumed that any rifle or gun carried on a rack in a pickup truck at a holiday parade or in a funeral procession does not violate the terms of this act.
(b)        For the purposes of this section the term "dangerous weapon" shall include those weapons specified in G.S. 14-269, 14-269.2, 14-284.1, or 14-288.8 or any other object capable of inflicting serious bodily injury or death when used as a weapon.
(c)        The provisions of this section shall not apply to a person exempted by the provisions of G.S. 14-269(b) or to persons authorized by State or federal law to carry dangerous weapons in the performance of their duties or to any person who obtains a permit to carry a dangerous weapon at a parade, funeral procession, picket line, or demonstration from the sheriff or police chief, whichever is appropriate, of the locality where such parade, funeral procession, picket line, or demonstration is to take place.
(d)       The provisions of this section shall not apply to concealed carry of a handgun at a parade or funeral procession by a person with a valid permit issued in accordance with Article 54B of this Chapter, with a permit considered valid under G.S. 14-415.24, or who is exempt from obtaining a permit pursuant to G.S. 14-415.25. This subsection shall not be construed to permit a person to carry a concealed handgun on any premises where the person in legal possession or control of the premises has posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with G.S. 14-415.11(c).  (1981, c. 684, s. 1; 1983, c. 633; 1993, c. 412, s. 2; c. 539, s. 174; 1994, Ex. Sess., c. 24, s. 14(c); 1997-238, s. 4; 2013-369, s. 15.)
A funeral or a parade is not a protest, and IIRC correctly you need a permit to have a parade.
Link Posted: 5/18/2017 6:40:22 PM EDT
[#14]
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Quoted:
So, anyone protesting and blocking the road would be armed illegally?
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as per http://www.schlosserandpritchettlaw.com/when-can-you-not-carry-a-gun-in-north-carolina/
  • Guns are banned at picket lines or other types of demonstrations. The only exception for this is if a gun is carried on a pickup truck
    rack.
  • Guns are prohibited during riots, civil disorder, or any other disturbance that has 3 or more people involved.
Link Posted: 5/19/2017 9:08:59 AM EDT
[#15]
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