What is the law? Shoot 'em or not? (dangerous, safe)

[Metallisteve]

Originally Posted by Barkingowl

I agree, now how do we go about moving it out of committee?

You get your representative to support it.

As I understand it, sending it to committee is saying "we need more info about it" or "it needs some refinement." Basically, it's a political stall to buy more time and just keep from having to vote one way or the other. Plenty of other states have well-established and tested Castle Doctrines that could be used as a template, if not copied. There is no reason to committee it to death.

[BigJon3475]

GS_14-51.1

"§ 14‑51.1. Use of deadly physical force against an intruder. (a) A lawful occupant within a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry (i) 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 (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.
(b) A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder in the circumstances described in this section.
(c) This section is not intended to repeal, expand, or limit any other defense that may exist under the common law. (1993 (Reg. Sess., 1994), c. 673, s. 1.)"







I believe we need the stand your ground law and not so much the castle law as we already have that.


80(R) SB 378 - Introduced version - Bill Text


http://en.wikipedia.org/wiki/Castle_Doctrine

[Mike409]

Originally Posted by BigJon3475

GS_14-51.1

"§ 14‑51.1. Use of deadly physical force against an intruder. (a) A lawful occupant within a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry (i) 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 (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.
(b) A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder in the circumstances described in this section.
(c) This section is not intended to repeal, expand, or limit any other defense that may exist under the common law. (1993 (Reg. Sess., 1994), c. 673, s. 1.)"







I believe we need the stand your ground law and not so much the castle law as we already have that.


80(R) SB 378 - Introduced version - Bill Text


Castle Doctrine in the US - Wikipedia, the free encyclopedia

Ahh, I thought NC had Castle Doctrine. It would be nice to go the next step of "stand your ground".

Under Castle Doctrine, you have immunity from any lawsuit filed on behalf of the assailant. I wonder if that applies to the assailants family as well.

[BigJon3475]

Originally Posted by Mike409

Ahh, I thought NC had Castle Doctrine. It would be nice to go the next step of "stand your ground".

Under Castle Doctrine, you have immunity from any lawsuit filed on behalf of the assailant. I wonder if that applies to the assailants family as well.

I agree we need to move forward with whatever it's called where you can not be sued for killing someone or hurting them while in the commission of a felony.

[spankys bbq]

I'm pretty sure that some states will not allow an assailant's family to bring civil suits against someone who is cleared of a shooting under the Castle Doctrine.

(ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.


Although open to interpretation, I'm pretty sure that forcing entry into an occupied residence IS a felony. I guess the part open to interpretation is if the forceful entry is in or out of the house/residence. If the forced entry is not considered "in" the residence, that could be argued to death by either side.

Also, if a tool is used to break in to a home/residence, that, to me, is also considered a weapon. While it might not meet the loosest definition of "weapon", anything can be used as a weapon. My concusion is that it is in fact a weapon.

Of course, I'm not an attorney and I did NOT stay at a Holiday Inn Express last night.

[Metallisteve]

The problem is that the degree of separation between criminals and the punishment for their crimes (and/or consequences...i.e.: potential of being shot by the victim) is so great today, that criminals don't think twice. More of the purpose of a "Stand Your Ground/Castle Doctrine" law is deterrence. As I said before, if a bad guy knows that the public has a little more incling to open fire on an intruder, they're going to think twice...hopefully three times...before kicking in a door. As it stands now, they know they can do it and have little to no repercussions for their actions...IF they even get caught.

If we want this type of law passed in our state, we have to play the political game. Specifically, that means letting our representatives know that we'll support them and not want to end their precious political careers if they do in fact vote in favor of this law. That's where most of the apprehension comes from. To me, sending a bill to committee means "maybe we'll pass it, but we're not sure of the consequences." That's leaps and bounds different from a vote of "no," especially when it's committee'd several times. That tells me they're worried about how the public will react to them pasing the law.

[anifani821]

Well, it appears everyone who wants to see that bill back on the floor needs to write his/her Rep . . . and see where that goes!

Thanx, Steve (and Jon and anyone else who posted info about Stand Your Ground and the Castle Doctrine).

[single44]

i live in north carolina on a perdomently white area i have a cop that lives directly accross the street and i just dont trust him he is white and buff , shot his self about a month ago supposedly by mistake ,then he three days later calls and gets a security system in his house ,i witness the entire thing ,then exactly two days later he calls a entire group of cops to his house and starts pointing at his garage as if someone stole something , i was on my way out of town ,but kept looking at them while loading my car.and stayed gone for about two weeks , no tellling what all happenened when i left .i just dont trust him at all and he always got his police car home parked and never hardly seems to be at work ,its like he has a thrill for killing he constantly is going hunting he has all types of rifles and hand guns.any hunting fatigue ,then what shocked me the most is that he went and got two big huge black murderous dogs ,thats why i asked the question it just seems like he is planning something ,i have four children and im single and pregnant , i want to move now..you just always hear stories of cops killing people and planning it,.

[Metallisteve]

Originally Posted by single44

i live in north carolina on a perdomently white area i have a cop that lives directly accross the street and i just dont trust him he is white and buff , shot his self about a month ago supposedly by mistake ,then he three days later calls and gets a security system in his house ,i witness the entire thing ,then exactly two days later he calls a entire group of cops to his house and starts pointing at his garage as if someone stole something , i was on my way out of town ,but kept looking at them while loading my car.and stayed gone for about two weeks , no tellling what all happenened when i left .i just dont trust him at all and he always got his police car home parked and never hardly seems to be at work ,its like he has a thrill for killing he constantly is going hunting he has all types of rifles and hand guns.any hunting fatigue ,then what shocked me the most is that he went and got two big huge black murderous dogs ,thats why i asked the question it just seems like he is planning something ,i have four children and im single and pregnant , i want to move now..you just always hear stories of cops killing people and planning it,.

First: Click Here

Second:

[baybook]

Curious, what is important about the racial make up of your neighborhood?

If you have a legitimate problem with you neighbor, you should file a police report.

Originally Posted by single44

i live in north carolina on a perdomently white area i have a cop that lives directly accross the street and i just dont trust him he is white and buff , shot his self about a month ago supposedly by mistake ,then he three days later calls and gets a security system in his house ,i witness the entire thing ,then exactly two days later he calls a entire group of cops to his house and starts pointing at his garage as if someone stole something , i was on my way out of town ,but kept looking at them while loading my car.and stayed gone for about two weeks , no tellling what all happenened when i left .i just dont trust him at all and he always got his police car home parked and never hardly seems to be at work ,its like he has a thrill for killing he constantly is going hunting he has all types of rifles and hand guns.any hunting fatigue ,then what shocked me the most is that he went and got two big huge black murderous dogs ,thats why i asked the question it just seems like he is planning something ,i have four children and im single and pregnant , i want to move now..you just always hear stories of cops killing people and planning it,.