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Old 11-10-2011, 05:46 AM
 
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Castle Doctrine effective Dec 1, 2011. You can use deadly force
if someone breaks into your home.

Wonder if this will decrease Charlotte's break in rate?
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Old 11-10-2011, 05:54 AM
 
Location: State of Being
35,879 posts, read 77,506,170 times
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Well . . . I linked the statute in the past . . . you must believe your life is in danger . . . I hope it will lower break-ins out of fear that the homeowner may take action, but the truth is . . . most folks are not walking around in their house w/ a firearm.

However, I do know plenty of people without children at home do keep several firearms w/in easy reach at various areas of the house . . . and have no idea how many might do that and would never openly discuss it . . .

I remember a situation w/ an elderly woman in the last year or so. She had a firearm on top of the fridge (if memory serves me on that detail). The punk who assaulted her wasn't expecting a little ole lady w/ a gun, lol. Go Grandma! :-)
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Old 11-10-2011, 06:12 AM
 
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Has this not always been the case? I don't own a gun (yet), and haven't bothered to research to topic, but I was under the impression that as long as your intention was to stop a perceived threat to your or someone else's life, deadly force was fair game.
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Old 11-10-2011, 06:30 AM
 
Location: State of Being
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Quote:
Originally Posted by BBSLM View Post
Has this not always been the case? I don't own a gun (yet), and haven't bothered to research to topic, but I was under the impression that as long as your intention was to stop a perceived threat to your or someone else's life, deadly force was fair game.
Well, let's put it this way. Unless you could prove the perp was waving around a weapon, and was already IN your house, and you could choose something other than deadly force to "chase them away" . . . the law made it likely you, as the homeowner, would be charged. Even if the perp beat you up, raped your wife, and killed your dog . . . if they were on the way out the door, and you were still alive, even if they had ripped off every valuable thing in your house and you had suffered a heart attack . . . as long as they didn't kill ya . . . you weren't supposed to use deadly force if they left you alive.

Pretty much put the homeowner in a weak position to defend his family in his own home.

You were just supposed to call 911 and hope for the best, I suppose.

I was told by law enforcement that if someone came into my house, tied me up, then proceeded to carry out my wordly goods, if I got loose and shot and killed 'em, I would be charged and most likely tried . . . cause how could a perp cause a person harm if they have their hands full carrying stuff out - and they had tied me up so as to keep me out of their way? Pretty crazy stuff.
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Old 11-10-2011, 06:38 AM
 
Location: New England
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Quote:
Originally Posted by anifani821 View Post
Well, let's put it this way. Unless you could prove the perp was waving around a weapon, and was already IN your house, and you could choose something other than deadly force to "chase them away" . . . the law made it likely you, as the homeowner, would be charged. Even if the perp beat you up, raped your wife, and killed your dog . . . if they were on the way out the door, and you were still alive, even if they had ripped off every valuable thing in your house and you had suffered a heart attack . . . as long as they didn't kill ya . . . you weren't supposed to use deadly force if they left you alive.

Pretty much put the homeowner in a weak position to defend his family in his own home.

You were just supposed to call 911 and hope for the best, I suppose.

I was told by law enforcement that if someone came into my house, tied me up, then proceeded to carry out my wordly goods, if I got loose and shot and killed 'em, I would be charged and most likely tried . . . cause how could a perp cause a person harm if they have their hands full carrying stuff out - and they had tied me up so as to keep me out of their way? Pretty crazy stuff.


Put a round into the ceiling as a warning, and to CYA and if they don't cut and run, go for the knees or hips/crotch. Keep them alive, and wriggling on the floor and you are not charged with murder or attempted murder. Just stopping the threat.
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Old 11-10-2011, 06:50 AM
 
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Quote:
Originally Posted by JViello View Post


Put a round into the ceiling as a warning, and to CYA and if they don't cut and run, go for the knees or hips/crotch. Keep them alive, and wriggling on the floor and you are not charged with murder or attempted murder. Just stopping the threat.
OTOH, dead men tell no tales.

I agree with the new law. It should be assumed that if someone is breaking into your home their intent is to harm you. I certainly wasn't going to take the time to hand out a questionnaire to a person who was standing in my home in the middle of the night. The new law means (to me, anyway) that my home is off limits, period.

I think over time the new law will mean fewer home invasions, if for no other reason than reducing the rate of possible recidivism.
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Old 11-10-2011, 06:53 AM
 
Location: State of Being
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It used to be . . . the classic "robber" staked out your house and broke in when he/she was sure no one was home . . .and often, they carried no weapon (so they couldn't be charged w/ having one in possession) . . . but the thugs today here in Charlotte - they often purposely break into homes w/ folks in them - so they can intimidate the homeowner into quickly giving up any goods/cash (anyone still have cash to keep at home? LOL)

They kick in a door so it happens quickly, and they come charging in w/ weapons (often assault weapons) dressed in black and acting out some ninja fantasy.

Under those circumstances, it would be only the well-prepared and very alert homeowner who would be able to even get off a shot b/f having an assault weapon stuck in their faces.

I hear noises outside and I don't wait for the door to get kicked in. I open a window, ask questions as I aim. I have 2 panic alarms plus a remote to activate them. I am prepared to protect myself, if necessary, til the police get there.

The chances are good I will never have to use my "line of defense" - but I sure don't want to ever regret that I didn't do everything possible to protect myself and my family. Better safe than sorry (or dead).

Last edited by brokensky; 11-10-2011 at 07:58 AM.. Reason: typo, brain fart, lol
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Old 11-10-2011, 07:26 AM
 
8,402 posts, read 24,231,738 times
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Quote:
Originally Posted by anifani821 View Post
It used to be . . . the classic "robber" staked out your house and broke in when he/she was sure no one was home . . .and often, they carried no weapon (so they couldn't be charged w/ having one in possession) . . . but the thugs today here in Charlotte - they often purposely break into homes w/ folks in them - so they can intimidate the homeowner into quickly giving up any goods/cash (anyone still have cash to keep at home? LOL)

They kick in a door so it happens quickly, and they come charging in w/ weapons (often assault weapons) dressed in black and acting out some ninja fantasy.

Under those circumstances, it would be only the well-prepared and very alert homeowner who would be able to even get off a shot b/f having an AKA put in their faces.

I hear noises outside and I don't wait for the door to get kicked in. I open a window, ask questions as I aim. I have 2 panic alarms plus a remote to activate them. I am prepared to protect myself, if necessary, til the police get there.

The chances are good I will never have to use my "line of defense" - but I sure don't want to ever regret that I didn't do everything possible to protect myself and my family. Better safe than sorry (or dead).
I go to the shooting range several times a year and have never seen an "Also Known As" in use there.
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Old 11-10-2011, 07:46 AM
 
Location: Matthews, NC
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I don't think it will decrease the rate that much. It sounds like a good law, but criminals are mostly stupid and/or don't care so they will continue on their merry way.
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Old 11-10-2011, 07:51 AM
 
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I don't think criminals care what the laws are or they wouldn't be criminals to begin with...

If a few robbers are killed it will make them think twice.
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