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Old 08-05-2008, 07:57 PM
 
989 posts, read 1,722,461 times
Reputation: 690
Quote:
Originally Posted by NCN View Post
It has always been my understanding that if someone breaks into your house and you are there he or she is a threat to you life and you have a right to protect yourself. If I saw someone stealing or destroying property outside, I would call the police. We live on a dead end street. Hope they can run, because the street will be blocked. The police and fire department get here fast. I have seen it happen when an intruder came to a home down the street. We had about 20 volunteer firemen blocking the entire street in minutes.

Depends on where you live. In some states, if someone enters your house, you must make an attempt to leave before using deadly force. In other states, you can shoot someone who breaks and enters your home(Google; Castle Doctrine). It's considered justifiable homicide.
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Old 08-05-2008, 08:02 PM
 
Location: Rock Hill, SC
372 posts, read 784,931 times
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Hey bibit! Thanks for the rep! The following is not legal advice, just direction to SC's Code of Laws where you may find something that relates to your question...

Here is Title 16, Chapter 11 - scroll down to Article 6
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Old 08-05-2008, 08:22 PM
 
549 posts, read 1,094,690 times
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If someone breaks into my house, I'm shooting. Better to be judged by 12 than carried by 6.
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Old 08-05-2008, 08:28 PM
 
184 posts, read 309,950 times
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...
Attached Thumbnails
What is the law? Shoot 'em or not?-picard-no-facepalm.jpg  
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Old 08-05-2008, 08:33 PM
 
Location: Cornelius
3,665 posts, read 6,295,869 times
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In NC, there is no requirement to attempt to retreat in your own home. You must employ retreat if possible otherwise. I believe they are making moves to fix this nonsense to no retreat anywhere.
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Old 08-05-2008, 08:37 PM
NCN
 
14,084 posts, read 11,831,862 times
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Years ago, which would probably be different now, a man in Iredell County fired a warning shot at some pranksters on Halloween who were throwing firecrackers at his home. Although he did not mean to hit anyone, one of the pranksters was shot and killed. The judge found him innocent and said that a person has a right to protect his home. That has always been the spirit of the law here in North Carolina. We are getting so many new people moving here with such strange ideas, I'm not sure what would take place with that circumstance now. It is not a good idea to go messing around someone else's home unless you are invited.
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Old 08-05-2008, 08:54 PM
 
989 posts, read 1,722,461 times
Reputation: 690
Quote:
Originally Posted by carolina_guy View Post
I know I've posted this link several times before, but thought it is very relevant to this thread as well:

Cornered Cat

There is a WEALTH
of information here. I highly recommend it for anyone!


Very good website, thanks for posting it.
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Old 08-05-2008, 10:22 PM
 
133 posts, read 170,283 times
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Default alright here is my 2 cents

In a word - YES!

In the last 2 years, we (my family) have had the following stolen from our property: 2 bicycles - one girl and woman's mtn bike, a 5 gallon gas can (metal worth about $50 plus the gas that was in it), an open barrell (we can't figure out WHY?), and my husband's tag for his F-350 (which cost about $300 to replace). I can not prove it, but I know that they have had taken gas out of my SUV (to file a report - you must see it in progress). They have had attacked our female dog to where she almost goes rabid when she sees these people (btw -she weighs about 30-40 lbs). This is just MY house, just MY HOUSE!

We had a person move onto our dead end street where she did not appear to have a job, had a child, and was alright for the first few months. Mind you - before this person lived in my subdivison, the extent of our crime was the occasional shoe being taken off your porch by a dog.

She started having boyfriends like you and I change underwear. She had over 130 cars come and go in about a 15 month time frame. Sometimes, 5 an hour. She finally got arrested for selling cocaine, possession, and being a habitual felon. SURPRISED, I know. She has a 20 year or so criminal history. This person brought this time of criminal element to my neighborhood. She is finally gone (for now), but we are not sure if what replaced her is better or worse. I guess time will tell.

I have caught a few people on our property. I had my 9 mm in hand or shotgun each time. I really was not thinking about whether or not I would shoot them, b/c I was just so shocked that they would be daring enough to be in my freakin' YARD while we were home! I caught a few people running back to that house. I am not sure if I had found someone face to face, what I would have done... but when it comes to protecting my stuff, house, car, and children, forget cornered cat, I become the MOMMY CAT protecting her kittens.
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Old 08-06-2008, 01:50 AM
 
Location: NC's southern coastline
454 posts, read 1,553,106 times
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I disagree with a lot of the firearm laws, especially the states where you are supposed to have to retreat into the furthest part of your house before you fire. That's just stupid- obviously, if someone's broken into your home, they are up to no good. By having to retreat, you are just giving them more time to get ready to attack! I think the intent of the law is simply to try to prevent vigilante justice, I guess, or rather, to prevent the unnecessary use of deadly force. The problem is, when someone breaks into your home, you don't know if they are armed. You CAN'T know so it's a judgement call, and if you make the wrong choice, you could come to harm.

What I've been told in general from LE is that you cannot shoot someone in your yard. If someone is breaking in, they have to cross the threshold for it to count as self defense.LE also said if you shoot, you need to shoot to kill because of you only hurt someone enough to stop them, they'll sue you! This is ridiculous. I had told my husband I wanted to practice shooting so I could stop an intruder without killing, but apparently this is a bad idea. I don't WANT to kill anybody. I don't want to hurt anybody either but if someone broke in, I don't want to let them hurt me or my kids. I told him the way I see it, if someone breaks in knowing someone's home, and I call out for them to stop and they don't, I don't know what they are capable of. And if it's nighttime, how can I possibly know if they are armed or what they are doing? I'd be terrified. Someone who breaks into a residence should be AFRAID a homeowner MIGHT shoot them! They have no business breaking in. What do they expect to happen?? I mean sheesh.

I pray no one ever breaks in on me. I pray that if it happens, it is not when I am home alone because I would be so scared. I KNOW that I would do anything to protect my kids but I also know that even if someone broke in and was going to kill us, if I shoot them, it would be hard to live knowing that I took a human life. Even though it wouldn't be my fault and even though the law might be on my side, it would haunt me. Stupid criminals.

But I can tell you with all this aside, someone breaks in, they ARE going to be a target for my pistol. And if someone is at my window or door and I know they are breaking in and they do not retreat, I will shoot them before they make it all the way in.One TOE through the door or window and I fire. I would obviously call the police if I had time but if things happened too fast what else is a homeowner supposed to do? Does anyone (criminals, LE, a jury) think we should take a chance that someone might harm us or our family because we are not sure about gun laws? If a crime is in progress we do what we have to do for protection.

I know it's TEMPTING and in my opinion, someone who's stealing would be asking for it, but I don't really think it's right to shoot someone in your yard, who is stealing, but otherwise not threatening your life. I think in this case the right thing to do is let LE handle it. Only if they threaten you or try to enter the home is shooting ok IMO. When they are out there you don't know if they're armed so I'd say, stay retreated into your home and call 911, be ready but only shoot if they try to come in. I hate people who steal. But just because I hate them and think it's appalling to thieve doesn't mean I think it's ok to kill them for it if it's not necessary. Deadly force just isn't called for to save lawn furniture or possessions. If I was on a jury though I would always side with the homeowner. I think if you're going to go around stealing on other people's properties you should be smart enough to expect them to feel threatened and know they might shoot you.

Hope this makes sense...I understand how unfair it is to think criminals can just come into your yard and steal and get away with it because you are not allowed to take matters into your own hands, and know the police won't be able to do anything about it in time. I just think deadly force should be a last resort only, only when you feel your life is endangered, and if it's just someone stealing from outside your house, you have time to call the law, and stay safe inside. What grays the area is if it was me, I see them stealing in my yard, I would not know if they might be armed and might break in on me next and come inside to steal. So if I saw that, I would be panicked and wondering how to know WHEN to shoot and be afraid they might shoot me first. Also if it's a whole gang of criminals and there's just one of me, I'd be afraid they might try to break in on me from more than one door or window and I would be afraid to try to guess.

Criminals suck. What is going on in this world today when it's so COMMONPLACE for people to be victims in their own homes, or to have their cars broken into or their yards messed with. No one has a conscience anymore or a sense of morals.
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Old 08-06-2008, 07:09 AM
 
630 posts, read 1,178,930 times
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Quote:
Originally Posted by BlueLily7 View Post
I understand how unfair it is to think criminals can just come into your yard and steal and get away with it because you are not allowed to take matters into your own hands, and know the police won't be able to do anything about it in time.
That right there is the long and short of it. I think more people in general have a n attitude that they can do whatever they want and to hell with anyone else. Whether its neighbors being loud, having their pets roam free or people stealing your stuff.

I think back in the day people would have banged on the neighbors door and told them to shut the f- up or we'll settle this with our fists. If their cat roamed your yard and sat on your car, they wouldn't be seeing that cat again.

With thieves even if its something small like a gas can, they might see your house as easy pickings and tell their friends. They become more brazen because of how small the consequences are. I wonder how many armed robbers started off with petty theft and were let off with a slap on the wrist.
So the guy stealing your a/c parts might come back tomorrow for your jewelry. Do you think that the money they got from that a/c part was enough for them and now they sworn off a life of crime or will you hear about them on the news tomorrow robbing an elderly woman because the copper from your a/c was hardly worth anything?

As an FYI we scrap a/c coolers at work all the time and they are not worth much at all. Maybe $20 for a household unit. And the platinum in catalytic converters isn't worth anything and car companies have stopped using platinum. I get frustrated because they should explain this on the news and maybe people will understand that its not as profitable as they think.

Link to news article about scrap a/c values
(http://chestertontribune.com/PoliceFireEmergency/3204%20higher_scrap_metal_prices_prompt.htm - broken link)
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