Prime Reason for self defense/ 2nd amendments righta

[willy]

Very Good Advise

I am a staunch 2nd Amendment Supporter, but what Spare is talking about should be mandatory for every American.

[bcmarinamanager]

Too true Spare. It is amazing how the laws are so stacked against homeowner who's home is broken into. I know in NC deadly force can be used if someone is in the process of breaking in, but as soon as they enter, you can not unless you have 100% positive proof they intend to do you harm with a weapon. The simple fact that someone is breaking in makes me believe they intend to do me harm. Maybe I'm just paranoid though :)

[willy]

That does not sound right BC.
Someone in the process of breaking into a home should not be what triggers an deadly response.
What all the courts have said for decades now is that if someone is damaging property or commiting theft deadly force would be unreasonable, in all our laws since Tennesee vs. Garner it is the reasonableness test.
Was it reasonable for you to be in fear for your life or serious bodily harm or that of someone else in your presence.
Was it reasonable to believe that that threat was real, present, iminnent and that the suspect had the capability to carry it out.
Was there a reasonable alternative considering the circumstances that you could have used.
Would it have been reasonable under the circumstances for you to retreat from the threat.
That is the one that people in their home have been given some leeway in some states and still an open question in some very liberal states.
Remember you always have to be thinking is what I am about to say(very important) and what I am about to do was watched on TV tonight would a jury of 12 say you did what was right. What was reasonable.
And always, always, always keep your mouth shut afterwards, do not say anything to anyone without having an attorney present with you PERIOD, i DON'T CARE IF CHARLES MANSON ESCAPED AND CAME INTO YOUR HOME AFTER BUTCHERING THREE PEOPLE ON THE STREET IN FRONT OF YOU SAY NOTHING UNTIL YOU HAVE YOUR ATTORNEY PRESENT. Always always attempt to render some form of medicall care for the poor son of a **** you just shot. Always always always call 911 for help as soon as you possibly can and be mindful of what you say to them.
If possible, feasable all ways be unarmed and clear to identify yourself when the police show up.
And if someone kicks in your door and grabs your TV and starts to leave, let him go, I repeat let him go, go to the store and buy a better newer one and enjoy your family and life for the next 2-7 years that you would have been tied up in court, crimninal and civil and buy yourself a 52 inch big screen and a new boat and a vacation with the money you will save not spending it on a lawyer. But if that sh!tbird advances to you or yours inspite of being warned to leave, to stop and you took steps backwards and he kept coming and YOU ARE IN FEAR FOR YOUR LIFE or that of your families, pick a spot center of mass and fire, do not shoot until empty, shoot until the threat stopped. Ensure there is no one else with him, cover him, disarm him if needed, call or hve someone else call 911 and say someone has been shot and needs medical attention and that the homeowner is rendering medical attention to him now, and stick a rag over the bullet holes and attempt at least to stop the bleeding, and more if you are trained to do so.
Then after a quick intro to the police when they arrive, you show them where you have placed your firearm and then you SHUT THE F@@@ UP AND SAY SIMPLY " I would like to have an attorney with me before me or anyone in my family says anything more about what happened"

If you guys have never listened to anything I have said to you, be sure at least this one is kept in mind, I love ya man

[bcmarinamanager]

Willy here is a direct quote from the NC Concealed Carry Handbook: "NC does allow the use of force up to and including deadly force against an intruder (GS14-51.1) to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence, or if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence" NCGS 14-51.1 " Deadly force does NOT automatically allow deadly force against anyone unlawfully inside a home. A deadly threat is still required." So basically, when the intruder is still outside, a deadly threat can be assumed by the home owner since yo may not be able to tell if there is a weapon or not. But once the intruder is inside, you have to be proof positive he has a weapon. Retreat requirements do not apply inside the home in NCGS.

I agree completely with you on pretty much everything else Willy.

[spareparts]

"castle domain" is what you are refering to, interestingly enough, it also applies to your car or boat if you are in it(in SC any ways). But one of the points I was making about having a good instructor is pointing out just because you are within your legal rights, doesn't mean its a good decision. Like Willy said, let the punk have your TV,you can buy another one, but if he makes a step toward you or your family, drop him where he stands. there are a lot of assumed ideas about guns and their use that are myths, they can get you into a lot of trouble. I lived in NC for 30 years, alot of the stuff I was told about having a gun was incorrect. I don't remember everything from the class, I wish I did(thats why I'm taking more classes). My only critical opinion of the permiting process is the written test should be harder(its patterened after the Florida test). But I guess there is some layer out there that would sue because it would be too hard for acertain class or background of individuals to pass, creating a bias application process.

Willy, what do you know about the Utah class? Is it worth taking?

[willy]

BC that is exactly what I said, just put in a different form sentence. The felony referred to would be inflicting serious bodily harm upon you or someone else. Theft or property type crimes would not count, neither would just a defiant trespasser. Another words someone who you have told to leave. You would also have to believe REASONABLY that the intruder has the capability to commit the threat and that the threat is imminent.
All state laws have to follow the Supreme Court guidelines stated in Tennesee V Garner. They can make them more restrictive but must provide that standard as a minimum

And I do not know anything about those classes I am sorry.

[bcmarinamanager]

Oh no, I understand Willy, I was just giving you the actual NC General Statute about it. It's funny how you CAN use deadly force if someone is TRYING to break in, but once inside you CAN NOT unless the intruder is coming towards you with a weapon. You're very right about how easily one could get into trouble very, very fast in that situation though. If all else fails drop the a**hole then put a kitchen knife in his hand. lol Hey if you just shoot them in the foot or knee it's not considered attempted murder, so why not take out a knee cap??? You're not taking my 47"LCD bastard!!!! pow, pow....Just Kidding.