What is the law? Shoot 'em or not? (Charlotte, Raleigh: crimes, felony)

[QC Misfit]

Originally Posted by barkingowl

just shoot them & drag them into the house. :d

+1

[GirlTravels]

Originally Posted by anifani821

Now, we have had discussions about home invasions and what you can and cannot legally do to defend yourself and your family.

If you feel your life is threatened, you can shoot.

But another thread just brought this to mind . . . what if someone is outside your home and is tearing out your A/C unit . . . or is trying to jack your car? Can you shoot 'em or not? I cannot imagine just standing there and letting someone take my A/C apart, but the law seems to indicate (to me) that since they are outside, you don't have the right to shoot them cause they are not threatening bodily harm.

So what is the law? Any attorneys or LE on here who can advise what a homeowner should do? Cause I promise you, if someone is ripping out my A/C and I know it, I am gonna take the Mossberg outside and have a Come To Jesus Meeting.

Sorry, Ani. You can't shoot 'em. (And don't shoot this messenger either - I don't make the laws)

By the way, you can't booby trap your house to shoot at intruders either (There was a very funny/interesting case on that one with a rigged up farmhouse!!)... you have to be there and be in fear of your life (or someone else's) to shoot.

GT

[eman1200]

{flipping coin...} shoot em. {flipping coin....} shoot em. {flipping coin.....} hey, a two headed nickel, cool!

[Metallisteve]

This is where our great state of NC lacks...severely. One of the few good points about FL (My home state) was it's intelligent gun laws. For example, your car is an extension of your home in FL, therefore, you could carry a weapon concealed in your vehicle without a CCL. In NC, you can carry a weapon in your car, but it must be out in the open in clear view (per the NC State Troopers office covering the Charlotte region--troop G, I believe)...otherwise, you're carry concealed without a license.

Also in FL, at least when I left the state, you were allowed to shoot for the following reasons:
1. in fear of your life
2. in fear for someone else's life
3. protection of personal property--namely, stealing it (e.g. not for throwing rocks at windows, but for stealing the windows)

Our great state of appalachia is surprisingly more anti-gun than pro-gun. This floors me since this is the very state that our country's independence has everything to owe (read the history of the Battle of King's Mountain during the revolutionary war if you don't know what I'm talking about).

[anifani821]

Originally Posted by GirlTravels

Sorry, Ani. You can't shoot 'em. (And don't shoot this messenger either - I don't make the laws)

By the way, you can't booby trap your house to shoot at intruders either (There was a very funny/interesting case on that one with a rigged up farmhouse!!)... you have to be there and be in fear of your life (or someone else's) to shoot.

GT

Yeah, GT - I thought that was the answer. SIGH.

Speaking of boobytrapping . . . what was the story several years back - about a guy boobytrapping w/ electricity - and then he got charged (or sued) when someone got hurt . . . I will have to dig that up . . .

Seems we are not allowed to do much to protect our property unless our lives are threatened. Well, it is pretty threatening to our well-being if someone is ripping off something that costs thousand of dollars . . . and it is just wrong that they get away with it . . .but yeah, I figured the answer was that one could not shoot to kill in such circumstances. And really - shooting to just maim - the homeowner would probably end up being sued, knowing how the court system is these days. I guess the "victim" would end up being the thug! Now that is just plain crazy!!!!!!!!!!

Thank you, GT!!!!

[anifani821]

Steve - I am impressed that you know your Rev War history!!!! This state had some big battles in the Rev War and sadly, it seems so many people are unaware where the battlefields are located . . . and what role NC played in the Rev War.

[sheenie2000]

On one hand I can understand that your life isn't endangered if someone is outside stealing your A/C. But on the other hand, if a guy is just put to death either by the justice system or the homeowner, I wonder what that would do to the crime rate?

I would hope that would make ppl think twice about stealing and breaking into people's homes. And if it doesn't then maybe they should just die because they are the ones that keep doing it over and over again.

[carolina_guy]

All of these scenarios are gone over in detail in a quality CCW course.

Basically here's the wrap up:

1. Breaking into your home: you DO NOT have to visually see a weapon of a suspect attempting to break into your home. Whether he is trying to kick in the front door, or break the glass window, you are authorized to shoot to kill, even THROUGH the door!

2. If suspect has ALREADY gained access into your home, you do not have carte blanc to use deadly force. Only if you believe your life or anothers is in danger or severe bodily harm can you shoot to kill.

3. You can not shoot a suspect in retreat (even if he does have your 52" plasma).

4. You can not shoot a suspect stealing your car or any of your other property. You must always feel your life is endangered.

5. You must always feel your life is endangered.

6. You must always feel your life is endangered.

7. You must always feel your life is endangered.

8. You must always feel your life is endangered.

9. You must always feel your life is endangered.

10. You must always feel your life is endangered.

[carolina_guy]

Regarding the AC unit, if it's a wall or window unit, one could probably make the claim they thought someone was ripping the unit out of the window in order to break into the house. So on that note, you would probably not be prosecuted.

[searpr]

If a stranger is in my house, I feel endangered. I don't care what they're doing.