another possible break in with people coming in from the woods (Charlotte: assessor, crimes)

[jstevens44]

Originally Posted by LLN

The adjectives are VERY EXTREME because you are talking about taking another person's life. I should have consulted my notes, and not tried to use comparable words. Direct from my notes:

"A citizen is justified in using deadly force against another citizen if and only if the citizen must use deadly force to protect against imminent threat of death, great bodily injury or sexual assault."

Who judges, well, you do, first, then after you are, in all likelihood ARRESTED, the police or DA decide, and if they are not CERTAIN then a Grand Jury and possible a jury of your "peers." Self defense is not a "get out of jail free" card. It is a defense which one may use, should the situation warrant when you are on trial for shooting another human.

Taking this course, which gives me the right (after getting a permit from the sheriff) to carry a concealed weapon, has done more to CONVINCE ME NOT to use the weapon if any other possible alternative is available, than anything to date.

Again, I was at the Holiday Inn Express last night, as well.

lln

The more obvious option is to plea the gun or murder charge down to Jay Walking, as most of the thugs around here do.

[marvinnative]

Just a small note, but Concord is in Cabarrus County and is not served by Charlotte/Mecklenburg PD. Carry on...

[Barkingowl]

Thanks for the heads up!

[par4]

Originally Posted by LLN

All you urban cowboys packin heat better listen up.
lln

Just for the record, the following is the statute that covers this type of action in NC:
§ 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.)

[New2Charlotte]

Two principles to understand in NC:

Escalation of force
Duty of retreat

If you understand both of those you will have a pretty good idea on what your rights are as a property owner and gun owner.

[BrianH1970]

Originally Posted by New2Charlotte

Two principles to understand in NC:

Escalation of force
Duty of retreat

If you understand both of those you will have a pretty good idea on what your rights are as a property owner and gun owner.

I understand it perfectly: The escalation of my force will require the duty of the suspect's retreat.

At least that's the way it should work.

[JanuaryGirl]

Thanks for the story, living in Kannapolis not too far away it is good to know what is going on in the general area.

As far as the shooting... I think it's better to SHOW people you have the gun before shooting. Usually that is enough to scare people away, if not you have real trouble. I know someone said it's not legal to draw/show a gun unless you are using, but who would be the wiser and it would do the trick. It wasn't clear whether the neighbor fired at the people or fired warning shots. So far as I'm concerned, a warning shot when a bunch of strangers refuse to identify themselves in the middle of the night is justified... but, if he actually was so panicked he shot at someone, he maybe needs to get a grip and rethink pulling a gun. Hell, it coulda been kids just goofing off or tee-peeing houses or something like that.

It sure is scary that it took the police so long and they didn't even investigate though!! I am glad I live right next to the fire department, at least I know they are there 24/7 and I always have a place to run to if someone bad happens.

[pink caddy]

I suppose that there is quite a degree of difference between "forcible entry into a home...or 'apprehends that the intruder may kill or inflict serious bodily harm'" and a person shooting into the night when someone is going across his backyard with a flashlight. Perhaps there are others that can interpet the law in NC that was posted here another way? Seems pretty clear to me.

I think that one should study the right to bear arms (gun permitting in NC) laws at the same time they study HOW they may use those rights.

BTW: I am in favor of the right to bear arms. Just not in favor of Joe the Plumber shooting me in the head if I come home after a pasta dinner and a couple of bottles of wine and I happen to pull in the wrong driveway.(Sometimes those GPS units malfunction)

[hooligan]

Originally Posted by johne482

I suppose that there is quite a degree of difference between "forcible entry into a home...or 'apprehends that the intruder may kill or inflict serious bodily harm'" and a person shooting into the night when someone is going across his backyard with a flashlight....

No kidding! Talk about a knee-jerk overreaction.

[BrianH1970]

Originally Posted by johne482

if I come home after a pasta dinner and a couple of bottles of wine and I happen to pull in the wrong driveway.(Sometimes those GPS units malfunction)

Then someone has to limit the GPS' chianti intake...