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August 25, 2006

I just spent an instructive Saturday learning the rights and wrongs of North Carolina law concerning what one can and cannot do with while carrying a concealed weapon.
     North Carolina has offered a Concealed Handgun Permit for law-abiding citizens since 1995, but since I didn't even own my first handgun until fairly recently, I had seen no reason previously to avail myself of that particular Second Amendment right and privilege.
     I grew up hunting with rifles and shotguns and as a multiple owner of both, I really didn't see the need of even owning a handgun, much less carrying one around concealed - until after Sept. 11, 2001. But as the popular saying goes, 9-11 did indeed change everything, at least for me, if not for gun-control-law-loving, pointy-headed liberals.

I  first satisfied my sense of personal security after 9-11 by having my Ithaca Model 37 12 gauge pump shotgun, which I no longer use for hunting, converted to a riot gun by shortening the barrel to a legal 18.5".
    Under NC law, barrels of "long guns" must be at least 18 inches and the overall gun length at least 26 inches for any shotgun or rifle.
    Anything shorter is by legal definition a handgun and falls under different laws.
    For a home defense weapon, a pump shotgun is about as nasty as it gets. Just the unmistakable sound, "snick, snick" of a load of double-ought buckshot being jacked into the chamber is enough to freeze most felons, if not send them swiftly on their way.
     I already had a pair of SKS Chinese semi-auto assault rifles I bought shortly before Ex-President Bill Clinton outlawed them in 1994, bought more on general "vast right-wing conspiracy" principles more than any real need for such 30-round-magazine firepower.
    

So as my next step after 9-11, I decided I needed a handgun more than two SKS rifles, so I sold both and bought my first pistol. I guess I decided it was finally time to get over Clinton.
     Just how one handgun made me feel safer than two SKS rifles did? Well, I cannot easily explain that. Let's just say it seemed like a good idea at the time and it still does.
     My first handgun was a semi-auto, bought shortly after 9-11. Then I added a revolver a bit later when I ran across a good buy. However, neither of these guns lend themselves to easy concealment, two Smith & Wesson products, a Model 1076 10mm with 4.25-inch barrel, a 10-shot semi-auto; and a Model 19 .357 magnum 6-shot revolver with a 6-inch barrel.
     That sufficed my perceptions of safety for a while.

B ut for reasons I can't fully explain to myself, much less to my skeptical, gun-shy wife, I recently decided it was time to get a CCW permit and buy a smaller, more easily concealable pistol, not necessarily in that order.
     That order prevailed when I found out that under NC's CCW law, once a permit is obtained, one no longer has to go through the process of getting a handgun-purchase permit from your local sheriff's office. I went through that process twice already with the purchase of the two Smiths and waited some weeks each time before getting the permits.
     Like most if not all males, I'm an impulse buyer and perhaps the greatest attraction to me with the CCW permit is being able to spot a good pistol buy and snap it up on the spot, without having to make a deposit with a dealer to hold a gun while getting a permit - or even worse for my impatient self, waiting to get the permit before going shopping.

So I signed up for the mandatory CCW class, got my certificate and filed application with my local sheriff's office for the permit, which once in hand, will allow me to go gun shopping for a concealable weapon - or weapons - at the time of my own choosing.
     I now must wait an estimated 30 to 90 days for my CCW permit, after which I will be ready to go shopping for a concealable handgun and take action on the spot.
     I must confess to the same sentiments of retired U.S. Sen. Zell Miller of Georgia, who admitted to the NRA Convention in an address that he already has more guns than he needs, but does not own as many guns as he wants. Wants and needs are a bit different.
     But I think anyone with a lick of sense can make a fairly cogent argument that in these days and times, it behooves a careful person to carry a gun if one can do so legally.

W hich brings me back to my premise, what is legal under NC's self-defense laws? I learned these illuminating points about NC law during the CCW certificate class:

1. If someone is kicking down your front door, fire at will with few if any legal consequences. The "castle doctrine" is enshrined in state law, meaning a man can defend his home/castle as long as the alleged perp is in the process of entering said castle.
2. However, once said perp succeeds in breaking his way inside, the law changes. If you should suddenly awake in the dead of night to find an uninvited guest in your bedroom, do not grab your gun and shoot or you will probably spend the next night in jail and perhaps many, many more in incarceration following that one.

1. You must warn said perp from advancing, as in "Stop or I'll shoot!"
2. And even worse, you must retreat if at all possible, before you can legally shoot.
3. And you must also determine mentally that you are "in fear for your life."

1. Do say to the first officer on the scene, "I was in fear for my life!"
2. Then say to said officer, ‘I want to speak to my lawyer - now!" and shut up.
3. Do not try to explain the circumstances to the officer. Do not say another mumblin' word after "I want to speak to my lawyer - now!"
4. When allowed, call a good criminal attorney and tell him you need him to come to the scene of the crime - now!
5. And keep your big mouth shut until said lawyer arrives, either at the scene or the jail, upon which said lawyer - if he's got a lick of sense - will advice you to keep it shut to everyone but him in private until you have been judged "not guilty" of any crime.

Obviously, what NC needs is a "stand your ground law" like the one passed in 2005 in Florida, which eliminates the need to warn or retreat if you feel your life is threatened.
     And guess what happened to murder and other gun-related crimes in Florida after the no-retreat law passed? Would-be perps suddenly gained more respect for gun-totin' folks who didn't choose to be willing victims and the violent crime rate dropped precipitously.
     Of course, the gun-control-law-loving, pointy-headed liberals who went ballistic and predicted dead bodies abounding and a return to the Wild West were proven wrong again.

Incidentally, guess what the violent crime rates are like in the locales that have the most restrictive gun-control laws, such as in Washington, D.C., and New York City?
     Those National Rifle Association bumper stickers are true. Outlaw guns and only the outlaws will be armed.
     So be a good little pointy-headed liberal and don't arm yourself under your Second Amendment rights and then take a midnight stroll through the streets of New York City or downtown D.C. The legally armed cops will arrive just in time to report another dead crime victim.
    Or if you survive the stroll, it might change your political philosophy. I've heard a conservative is a liberal who got mugged.

Back on point, in addition to "warn and retreat" requirements, NC law has some other quirks that could cause a CCW-law-abiding citizen some serious legal problems.
     For instance, should a perp approach a concealed-gun-totin' citizen and announce his intention to kill you while not holding any obvious weapons such as a knife, club or gun, you can not even put your hand on your concealed weapon until you're actually attacked.
     To do so would "escalate the conflict," and would deprive you of self-defense rights.

A nd the same "warn and retreat" law also applies to such unarmed death threats. Waiting until said perp is actually kicking your butt before pulling your gun to defend your life sounds a bit stupid to little moi, but then I'm not a lawyer, so who am I to say?
     Of course, if said perp has a knife, club or gun, you don't have to wait for him to use it. But you still must warn said perp and retreat if possible. Unless you move to Florida.
     And Plan B would be to vote for any legislator who will support a "no retreat" law.

S ince you must be in a life-threatening situation to legally defend yourself, it also follows under NC law that you cannot shoot someone caught in the act of stealing your property, nor can you shoot said fleeing thief to prevent his escape with your property.
     Our CCW instructor, a Harley Davidson enthusiast, added with only the smallest of smiles that stealing your Harley might possibly be an exception to allow deadly defense.

T here's also at least a bit of common sense in NC law. Such as, do not start a fight, then pull your gun to end it and claim self-defense. Even if your victim is armed, you became the "instigator" when you started the fight, so don't expect the law on your side.
     So if you call someone an SOB and he takes offense, just take the butt-whipping you deserve, don't whip out your gun and then claim self-defense. That stuff will not float.

A nd that's why the CCW class is required before you get a permit to carry. You really do need to know the law and what you're getting into if you defend your own life or your loved ones. The bad guys have "rights" too, way too many, in this day and age.
     Plus you also are required under NC law to be able to shoot a pistol and hit a target pretty near as big as a barn door from 10 feet away - and not shoot the CCW instructor.
     So learn the laws, shoot safely and you, too, can carry a concealed weapon in NC.

P lus it should go without saying you also must pass a criminal background check and swear that you're not a loony tunes nut on weekend home release from the booby hatch.
     You also must suffer the indignity of getting ink on your fingers to put your fingerprints on file with the state so they can check to make sure you are not Osama bin Laden - or more likely, whether you're wanted for some crime in any other state.

S o, at the risk of getting sued by some gun-control-law-loving, pointy-headed liberal, let me try to sum up all I've learned so far into a short, four-step, self-defense plan you can easily remember when your life's being threatened:

1. Shoot straight.
2. Tell the first cop on the scene, "I was in fear for my life!" Repeat if necessary.
3. Then tell the cop, "I want my lawyer - now!"
4. And then shut the hell up.

Or if you need an even shorter, snappier acronym, remember the "Three S" plan my daddy taught his three sons about what do to if you get a chance to shoot a hawk.

1. Shoot.
2. Shovel.
3. Shut the hell up.