What is the law? Shoot 'em or not? (Charlotte: lawyers, tax)

[anifani821]

Originally Posted by 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.

PLEASE NOTE: Florida laws are very different than NC laws! We have posted them here several times in the past. That is what other posters were pointing out- NC does NOT recognize the "Castle Doctrine" as Florida does. Florida's law is much more open than NC's law, in definition of when a person can use lethal force, as well.

[spankys bbq]

I know two things that are 100% certain.

1- If you're in my house without an invitation, day or night, you better believe I'm going to fear for my safety or the safety of my fiancee.

2- If the burglar dies, his side of the story does, too.

No warning shots, no missing. Just .223 rounds coming at you in a hurry, about 200 of them.

To prohibit a homeowner or occupant to protect their property using whatever force is deemed necessary is insane. You give a free ride to any hoodlum that wants to make of with your property that could amount to thousands of dollars. We need a good castle doctrine, and we need it NOW!

[LAPTOP GAMER]

Originally Posted by QC Misfit

lol.. I wonder though who would win in court. A dead crook or a little ol' homeowner that felt there life was threatend!!

That depends on the court and the jury you get. I have hear where the criminal's family sued for wrongful death and won!, even though the guy was claarly breaking in and had a weapon.

[southbound_295]

Originally Posted by anifani821

That looks awesome! But is it legal here in NC??? I didn't think it was. But I have stayed mixed up about these laws since moving back here. Anyone know????

Ani, I ordered it from a police supply business. They said that they do not sell or ship to a state where it is illegal. They shipped it to NJ.......

That is real honest to goodness tear gas. You spray an unarmed thief with that stuff, he an't leavin' the spot where he dropped for 30 min. If the cops aren't there in 20min., go spray him again

I can defend myself & my property without getting bogged down with the convoluted laws regarding lethal force.

[TheEmissary]

Originally Posted by LAPTOP GAMER

That depends on the court and the jury you get. I have hear where the criminal's family sued for wrongful death and won!, even though the guy was claarly breaking in and had a weapon.

That tends to be exceedingly rare and with often unreported "extenuating circumstances". I'll shoot first and worry about it later, if at all!

[southbound_295]

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).

Steve, don't forget the Regulators

[TheEmissary]

Originally Posted by southbound_295

Ani, I ordered it from a police supply business. They said that they do not sell or ship to a state where it is illegal. They shipped it to NJ.......

That is real honest to goodness tear gas. You spray an unarmed thief with that stuff, he an't leavin' the spot where he dropped for 30 min. If the cops aren't there in 20min., go spray him again

I can defend myself & my property without getting bogged down with the convoluted laws regarding lethal force.

I've often wondered about someone stealing stuff and then being "offed" by an icepick or hammer or screwdriver. "Gee, Officer, I didn't know that hammer would go two inches into his skull when I hit him", "I haven't had much practice in hitting people in the head with a hammer"!

[SunnyKayak]

No one dare break in on me I am armed with

[pink caddy]

Originally Posted by SunnyKayak

No one dare break in on me I am armed with

And I thought only transplants from Manhattan brought and used that stuff.
On a serious note---how do transplants from other parts of the country feel about OP question? And now that you are part of the new south how will you address this situation?

[newcharlottan]

Originally Posted by qc misfit

+1

+2