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Old 11-06-2008, 09:48 AM
 
Location: New Jersey
1,181 posts, read 2,751,913 times
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Quote:
Originally Posted by lovesMountains View Post
We had a police officer tell our neighborhood watch group one time that if you feel threatened and shoot the invader but he's just outside your home, drag him into the home just to be sure you're covered! Now, he was joking, but his point was when you shoot someone IN YOUR HOME you are justified by law, but it gets a bit more complicated if you just shoot them on your property, unless you are outside with them when they threaten you.
I would also guess that it matters then if they aren't armed as well.

I've always just done fine by trusting my insticts. About 4 years ago, a woman knocked on my door just when it got dark and alerted me to a snake by my mailbox. In front of the mailbox stood her car that was running and it had a driver and another passenger in it. I siad "Thank you" and slammed the door quickly. It was just too suspicious.
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Old 11-06-2008, 09:51 AM
 
Location: Up above the world so high!
45,269 posts, read 88,596,828 times
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Quote:
Originally Posted by MommyV View Post
I would also guess that it matters then if they aren't armed as well.

I've always just done fine by trusting my insticts. About 4 years ago, a woman knocked on my door just when it got dark and alerted me to a snake by my mailbox. In front of the mailbox stood her car that was running and it had a driver and another passenger in it. I siad "Thank you" and slammed the door quickly. It was just too suspicious.
Well technically, if they bust into your home and you feel threatened it really doesn't matter if they turn out to be armed or not. You have the right to protect yourself in your own home when you feel threatened. A thug would not have to have a weapon to be a threat either. He could just be very physically violent and preparing to beat you with his fists and you could shoot him.

You did the right thing following your gut instincts. If more of us did that we would not be victimized so often.
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Old 11-06-2008, 09:52 AM
 
Location: New Jersey
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Quote:
Originally Posted by anifani821 View Post
Hey, MommyV!

My understanding is . . . if someone breaks into your home and threatens you, you have the right to defend yourself. Key word here is "threatens." I guess if they kick down the door, see you standing there w/ a gun and throw their hands up in the air and say "Don't shoot! I am leaving!" and they turn around and run, then you best not shoot them. Otherwise, I would assume that should someone kick down my door, I would feel very threatened, especially being a female and knowing that women can possibly be raped as well as robbed in these situations. A man can use his hands as a weapon (strangulation) and I won't be able to fight him off . . . so I think my reaction would be . . . shoot the intruder and sort it out later, if I felt threatened.

That is how a Sheriff's deputy explained it to me years ago . . . He also said . . . if I hear noises downstairs, sneak down, gun in hand, and see two guys carrying out my belongings, and I yell "Stop or I will shoot" and they keep walking, that I absolutely should NOT SHOOT, b/c the guys do NOT have weapons in their hands if they are carrying items. The assumption is - if they don't have weapons, they do not mean me harm, so I should not shoot them, even if they are carrying out my TV, my furniture, etc. One should only shoot to protect one's self from harm (or protect someone else in the home from harm).
That's what I was getting at. You can't shoot for trespassing, but you can shoot for self-defense.

Thanks Ani.
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Old 11-06-2008, 09:59 AM
 
Location: New Jersey
1,181 posts, read 2,751,913 times
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Quote:
Originally Posted by lovesMountains View Post
Well technically, if they bust into your home and you feel threatened it really doesn't matter if they turn out to be armed or not.
I think you're right, but the legal justification would be more difficult in other states where guns are less common, I believe.

Thanks for the info.
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Old 11-06-2008, 10:05 AM
 
Location: State of Being
35,885 posts, read 67,205,825 times
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Quote:
Originally Posted by MommyV View Post
That's what I was getting at. You can't shoot for trespassing, but you can shoot for self-defense.

Thanks Ani.
You are welcome! However, I gotta say . . . NC's law has always been very confusing to me, b/c to me . . . as a female . . . a guy could clearly show me he has no weapon in his hands, but what about if he has a knife hidden in his shoe? Or what about if he picks up a lamp and uses it to hit me on the head?

So I have always wondered . . . how could I be sure I was "safe" not to shoot some thug just b/c he doesn't have a gun or knife visible to me?

It is a dilemma! A real dilemma. All I know is . . . if I feel threatened, I am going to defend myself - I am not going to huddle somewhere and HOPE I don't get raped and/or killed. Of course, my preference would be to have the person leave my property so I don't have to deal w/ making that decision to shoot or not shoot.

It is a very difficult position to be in and one wh/ we all need to think through . . . know the law . . . and pray we are never confronted w/ the situation, especially w/ children in the home.
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Old 11-06-2008, 10:24 AM
 
Location: Indian Trail, NC
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I was told by a cop once that if you have to shoot someone in your home, shoot to kill and never leave them wounded. He said he's had several cases when a robber broke into someone's home and threatened them, but didn't know the owner had a gun. The owner gets the upper hand and shoots the robber, but only hits him in the shoulder or leg. They call the police and let them sort it out.
The robber then claims innocence and that he was invited in, or that he never made a threat and that he was leaving when when the owner shot him. The owner got into some trouble, but moreso, they were sued by the robber.
He told me that if two people have an altercation, there are always two sides to the story. The person at fault will almost always lie to protect himself and blame the other person. If there's only one side to the story though...
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Old 11-06-2008, 11:08 AM
 
630 posts, read 1,678,460 times
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Quote:
Originally Posted by jstevens44 View Post
shoot to kill.
That's the key, only shoot to stop the threat, don't shoot to warn, or shoot to harm. Use a firearm only when you feel you life is endangered. If you shot to harm, then obviously you didn't feel all that endangered.

Now the real question is are you allowed to drag the body onto a tarp if he starts bleeding on your carpets or white marble tile floor? Because those can get expensive to replace.
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Old 11-06-2008, 11:27 AM
 
249 posts, read 798,655 times
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In NC you can shoot to prevent forceful entry into your home. However, it gets more complicated once they are inside, you can't shoot someone to prevent them from stealing from you. You cannot use deadly force just to protect your "property". They have to pose a threat to you.

Now what defines what is considered "threatening" is not so black and white. There is also what is called the escalation of force which comes into play. All that said, in NC women do hold a get out of jail free card. That is if there is the threat of sexual assualt you may use deadly force to prevent it.
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Old 11-06-2008, 11:27 AM
 
1,367 posts, read 5,102,540 times
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As far as I understand it, for it to be "ok" to shoot someone they need to be in your home and they need to DIRECTLY threaten you. Meaning, saying that you "felt threatened" won't always cut it. There needs to be direct interaction that conveys with words or gestures that they intend physical harm. Not saying that I would personally wait for that to fire, depending on the situation. Also, I'm sure it depends a lot on your community and local law enforcement. But, that's how I understand the law.

Of course, I know that in Texas there was that guy that was found not guilty after shooting 2 robbers in the back in the yard as they were leaving his neighbor's house after robbing it. The guy called 911 and even told them he was going to kill them.
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Old 11-06-2008, 11:29 AM
 
Location: Indian Trail, NC
314 posts, read 1,027,603 times
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If you do shoot and hit him in the leg, then that means he should be holding still a little better for the next shot.
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