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#1
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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.
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Captain Jon Last edited by bcmarinamanager; 12-19-2008 at 02:01 PM. |
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#2
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"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? |
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#3
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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.
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Willy 1986 V20 Old School 1992 V20 1992 150 Yamaha 1997 HydraSport 2250 Vector 2009 17' G3 Outfitter "G Spot" http://www.youtube.com/watch?v=TDebw...eature=related "I won't be wronged, I won't be insulted and I won't be laid on a hand on. I don't do these things to others and I require the same from them" JW |
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#4
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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.
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Captain Jon |
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#5
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In SC once the perp is in the house, in the car, or on board the boat, he's fare game, it also extends to your property and out buildings in some cases. There's also some stipulations regarding in or on your business property, even if the perp has a right to be there(employee issues). But as pointed out by my instructor, how do you think the guy feels that shot and killed the person breaking into his lawnmower shed after he found out it was his neighbors 13 year old kid. This was an actual case in Fl(which the sc laws are patterned after). The shooter was within his rights to protect his property against an "unknown threat to his castle domain", no chargers were filed, but it obviously was not the right thing to do. The instructor I had went deep into the ramifications of after the shooting to further educate us in the class, we went over several scenerios based on actual police files and investigations. I talked to the instructor after the class to some extent and he was telling me about some of the people that he had failed in the class(names with held of course). he told me its suprising how many people make the remark "now I can go kill somebody" after completeing the class, guess what, they just failed!
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#6
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I know from seeing it happen in my department, cops who kill someone in the line of duty usually end up out of law enforcement within a couple years of the incident, it is a career ender. Even when it is completely justified, killing another human takes a huge toll on you mentally.
BCM, read that G.S. carefully, it say that you can use "up to" deadly force "if" you fear death or serious injury. That is the same standard as for inside the house, or on the street, or anywhere. It is just worded a little different.
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*************************************** Stay Safe! Sold - 1984 V-20 Cuddy with a 2003 Johnson 140 hp gas sippin 4-stroke. 1995 Ranger 250C with a 2015 Suzuki 300 hp 4-stroke. |
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