What is the law? Shoot 'em or not? (Charlotte, King: transplants, home)

[Barkingowl]

Originally Posted by 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).

I know we have a Castle Doctrine stuck in committee in Raleigh.

[anifani821]

Thank you, CG!!! As usual, enlightening info!!!

I know we are not supposed to booby trap . . . but seems to me some things one could do would not be recognized as lethal booby traps but would make life miserable if a thug broke in your house.

[NCyank]

If they are tearing up my AC unit can I drop a bowling pin (or some other slightly heavy object) from the second story window? I don't own a gun.

[SouthernBelleInUtah]

If you go outside to stop them taking the a/c unit, then you would be in fear of your life (at least me as a little old woman) when they turtned around to threaten you. Of course, the civil suit from their family might bankrupt you - that was covered in my CCW class, that criminal prosecution is not all you have to worry about!

[anifani821]

Originally Posted by NCyank

If they are tearing up my AC unit can I drop a bowling pin (or some other slightly heavy object) from the second story window? I don't own a gun.

Now see - that seems reasonable to me!!! Bowling ball, tho!!!

[cynwldkat]

If indeed you do feel the need to shoot and intruder--shoot to kill or they will sue you! Anyone in my home that has not been invited does not belong there and I will feel the right/need to protect myself and my family and will do so. And yes, I would feel that was in fear for my life and my families lives. But just don't leave anyone around to turn around and sue you!

[anifani821]

I guess if you found someone outside tearing out your A/C . . . you could come out and tell them to get off your property and you have called the police . . . and then if they brandished a weapon or otherwise intimidated you, you could shoot AT them. After all, is the thug gonna be thinking - okay, this gal shoots me and kills me and she is going to jail - so fine - just shoot me. Or is the thug gonna be thinking . . . there is a crazy woman w/ a shotgun . .. I better leave? I would think the mere possibility of getting shot would be enuff to cause most people to drop whatever they had in their hands and leave. Yes? No???

[anifani821]

Originally Posted by cynwldkat

If indeed you do feel the need to shoot and intruder--shoot to kill or they will sue you! Anyone in my home that has not been invited does not belong there and I will feel the right/need to protect myself and my family and will do so. And yes, I would feel that was in fear for my life and my families lives. But just don't leave anyone around to turn around and sue you!

Heck, their families can sue for wrongful death!!!! How nuts is that???

[Blondie710]

I'm not sure of the laws up there. But we recently bought a 45, wow the power. lol. and we are studying to get our concealed weapon's permit. First I suggest you google NC concealed weapons permits - it will tell you what is required and what isn't, what you can and can't do.
Here is a link to the FL website, but a few major points I will write out:
Lawful Self-Defense - Weapons - Division of Licensing, DOACS
Q. What if I am in my vehicle?
A. A person has no duty to retreat in his lawfully occupied vehicle against a person who was in the process of unlawfully and forcefully entering or had unlawfully and forcefully entered an occupied vehicle or had unlawfully and forcefully removed or was attempting to remove another against that person's will from the occupied vehicle.

Q. When can I use my handgun to protect myself?
A. Florida law justifies use of deadly force when you are:

• Trying to protect yourself or another person from death or serious bodily harm;
• Trying to prevent a forcible felony, such as rape, robbery, burglary or kidnapping.

Using or displaying a handgun in any other circumstances could result in your conviction for crimes such as improper exhibition of a firearm, manslaughter, or worse.
Example of the kind of attack that will not justify defending yourself with deadly force: Two neighbors got into a fight, and one of them tried to hit the other by swinging a garden hose. The neighbor who was being attacked with the hose shot the other in the chest. The court upheld his conviction for aggravated battery with a firearm, because an attack with a garden hose is not the kind of violent assault that justifies responding with deadly force.

Q. What if someone is attacking me in my own home?
A. The courts have created an exception to the duty to retreat called the “castle doctrine.” Under the castle doctrine, you need not retreat from your own home to avoid using deadly force against an assailant. The castle doctrine applies if you are attacked in your own home by an intruder or an invited guest.




I tried to look up NC laws, but I didn't have any luck finding a state website. Good luck.

But I was taught something and I live by it:
A Dead man CAN'T talk......



You word against their body. I do know that if they are exiting your home, technically you aren't allowed to shoot them in the back - they have to face you....I think its stupid- if you're in MY house, I'm shooting you regardless of your position in my home.

[anifani821]

Here you go - Thug sues homeowner:

Burglar pursues suit against doctor who shot him | The Janesville Gazette | Janesville, Wisconsin, USA

Convicted burglar Kurt Prochaska is proceeding with his lawsuit against the doctor who shot him after he broke into the doctor's house.