GRNC Alert 03-20-05: Are You A "Drive-By" Shooter?

[RoyG]

Grass Roots North Carolina, P.O. Box 10684, Raleigh, NC 27605
919-664-8565, www.grnc.org, GRNC Alert Hotline: (919) 562-4137

GRNC Alert 03-20-05:
Are You A "Drive-By" Shooter?

MICKEY MICHAUX SAYS YOU ARE!

Representative Mickey Michaux (GRNC 0 Star) has introduced HB 50 titled,
"Street Gang Prevention Act." Under this legislation of Rep. Michaux's, you
could well become classified as a drive-by shooter!

What has caught GRNC's attention is Section 2 of this bill, which seems to
be addressing drive by shootings. While stopping drive-by shootings is a
valid goal, GRNC legal counsel advises us that HB 50 is so overly broad that
it may result in abusive prosecution of people involved in defensive gun
uses.

Under certain circumstances HB 50 would make you a Class E felon for
discharging a firearm, "from within any building, structure, motor vehicle,
aircraft, watercraft, or other conveyance, device, equipment, erection, or
enclosure... "

GRNC is not aware of any problem with "sail by" shootings or "fly by"
shootings. The concern is that prosecutors could use this against someone
shooting from their home to protect against intruders.

HB 50 is scheduled for a hearing the House Judiciary II Committee on
Tuesday, March 22 at 10:00, room 421 of the Legislative Office Building.

IMMEDIATE ACTION REQUIRED

Contact these members of the House Judiciary II committee, listed below.
BOTH email AND call. They intend to address this on their next day back, so
don't delay.

DELIVER THIS MESSAGE:

Dear Representative:

HB 50 addresses a serious problem - gang violence. However, Section 2 goes
further than is needed. Section 2 seems to be addressing drive by shootings
but includes shooting from several things besides motor vehicles.

Please support a change to HB 50 that will keep Section 2 focused on a gang
related problem. Sail by shootings have not been a problem in NC. Also due
to the broad definition of enclosures and building, this section could also
be used against law-abiding citizens who are forced to use a weapon in
defense of their home.

Sincerely,

A concerned North Carolina voter
------------------
Convenience cut and paste list:
[email protected], [email protected], [email protected], [email protected],
[email protected], [email protected], [email protected]

Vice Chairman Representative Jim Harrell, III: 919-715-1883, [email protected]
Vice Chairman Representative Tim Moore, 919-733-4838, [email protected]

Members:
Representative Lucy T. Allen, 919-733-5860, [email protected]
Representative Dale R. Folwell, 919-733-5787, [email protected]
Representative Jim Gulley, 919-733-5800, [email protected]
Representative Trudi Walend, 919-715-4466, [email protected]
Representative Laura I. Wiley, 919-733-5877, [email protected]
Representative Susan C. Fisher, 919-715-2013, [email protected]

-------------------
You may find your representative by going here:
http://www.grnc.org/contact_reps.htm



------------------------------

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End of ncgun Digest, Vol 191, Issue 1

 

[Henry Bowman]

Thanks for bringing this to our attention.

Don't some duck hunter shoot from boats (floating blinds)?

also:

discharging a firearm, "from within any building, structure, motor vehicle, aircraft, watercraft, or other conveyance, device, equipment, erection, or enclosure... "

Trying...to...keep..to...the...high...road.

 

[Black Snowman]

This would appear to include any kind of deer stand as well. How about prosecuting for, oh I don't know, attempted murder in a drive by shooting? What does this law do? Laws don't stop criminals, people do. Armed people do it better. This law can't be used for anything but ill. If they can't nail a drive by shooter with any of the other upteen illigal acts they've committed, adding 1 more to the list doesn't do any good. This is just a poorly veiled attempt at setting up a door to oppression.

 

[Henry Bowman]

What does this law do?

It takes away the critical, but harder to prove, element of intent.

 

[benEzra]

Calling a shot fired from a structure a "drive by" is pretty silly. I know there are a lot of mobile homes here in NC, but they're not that mobile...and I have to say I've never taken my 3BR/1.5B house for a drive...

 

[Preacherman]

Hey, a hunting blind is a "structure", or an "erection" or "enclosure"...

 

[auschip]

Bench rest shooting under a covered shooting area now constitutes a driveby?