BJ Murphy: Closing the Loophole - Celebrating the Property Owners Protection Act
On November 23, 2021, I loaded my handgun to potentially defend my family for the first and, hopefully, the last time in my life. Due to Covid, our children had to stay home from school, but one positive outcome was the installation of exterior security cameras around our home.
At 2:00 AM, our Ring camera notifications woke me up. With one eye barely opened, I noticed a figure walking across our driveway. Once I jumped up, this man stood 15 feet from one of my daughter’s bedroom windows. Fortunately, he never tried to enter. The Kinston Police Department did an outstanding job of stopping and questioning this gentleman.
I wanted to press charges against him for trespassing.
But I was not allowed to.
According to the Magistrate and, subsequently, the District Attorney, North Carolina state law did not classify his actions as trespassing. Enter Senator Jim Perry and common sense.
Sen. Jim Perry
(R-Lenoir, Beaufort, Craven)
Often politicians are accused, and rightfully so, of being self-serving. I have found the opposite to be true for Senator Perry. In fact, Senator Perry and I had a momentary contentious political debate before he was ever in the running for an elected position. However, without once my asking for his help, he reached out to me and said he was going to look into the issue with Senator Danny Britt, Chairman of the Senate Judiciary Committee, and Representative Chris Humphrey.
In March, he and Senator Britt filed Senate Bill 246, entitled “Property Owners Protection Act.” The one-line change to the trespassing laws stated, “A person commits the offense of second degree trespass if, without authorization, the person enters or remains on any of the following: … (3) On the curtilage of a dwelling of another between the hours of midnight and 6:00 A.M.”
On March 30, 2023, the Senate passed the reading 45-0 and sent it to the House. Yesterday, the House passed the measure 101-4 and sent it to Governor Roy Cooper. He can sign, veto, or let it become law after 10 days without action. Hopefully, our governor will sign the common sense legislation.
I want to thank Senator Perry, Senator Britt, Representative Humphrey, and Representative Carson Smith, the primary sponsors and supporters of this bill. Thank you for giving homeowners and parents more safety assurance within our own premises.
Hopefully, I’ll never need to draw my weapon again.
