another possible break in with people coming in from the woods

[Metallisteve]

I'm too tired to read all 5 pages of replies here...and to be honest, some of them are starting to make me frustrated and grumpy after a long day of working in the garage! So here's my response to the original post and some other replies...

While I certainly would have armed myself and confronted the suspects in the woods (since it's a bit out of the ordinary), I absolutely would not have fired warning shots. As it's been stated here, it could very well have been kids out playing in the nice evenings we've been having. I had plenty of those types of excursions as a kid hiking around at night, sometimes inadvertently straying into or close to someone's yard near the woods. Bad bad bad things could have happened in the original poster's incident...even with the recent happenings of break ins. In fact, the "suspects" would never had known I was armed until it was absolutely necessary, and then the crap would be hitting the fan (hopefully completely in their direction).

It's true that in most incorporated cities that it is illegal to discharge a firearm. Unincorporated counties not always the case. But within the city limits, it's best to assume it's illegal. And for whatever reason (not that I condone this) you must fire a warning shot or two, don't tell the cops! Hide the casings and be done with it! But as I said, I don't condone the warning shots. I know of too many cases of stray shots striking and killing bystanders thousands of yards away (celebratory shooting into the air being the worst offender).

Ani, in your case, you bet your butt I would have been drawing down with intent to shoot in your example. Alarms blaring, someone unidentified running through the dark woods...if they're not the bad guy, they should have been identifying themselves (either voluntarily or on my demand)...if they were the bad guy, you can bet they're scared and looking to do ANYTHING to get out of their screwed up situation (yes, that includes making you "no more" if you get in their way).

And to the jokes about telling the cops you've shot someone or any other lie to the operator, that's not good on so many levels it's not funny. Forgive my seriousness if you were only joking...but if they were to send every available cop to your place on the report of shots fired and people down, only to get there and *maybe* see some folks committing a petty crime, your butt is in deep trouble. I don't know the exact term, but it's something like innapproriate use of public safety or something like that. Sort of like if you pull a hoax on search and rescue crews in the wilderness.

And to the concealed carry law discussion...
On your property, you can brandish a weapon and use it to detain. North Carolina is an open carry state...meaning no permit is required to carry a firearm out in the open. It's what makes leaving a loaded gun on your seat in your car perfectly legal. The discussion about when to shoot, however, is accurate. It exemplifies why we need the Castle Doctrine to get passed in North Carolina (currently keeps getting "sent to committee" in NC Senate--pansy terms for "I don't want to go on record for voting no to that")!!!

[himain]

I'll throw my two cents in on this. We have a wooded buffer (about 40') between me and the houses behind us. There would be NO reason for someone to be in those woods at 12:30am. Well at least being up to any good anyways. Would I fire at them/warning shot?? No but I would pump my shotgun to make them aware that I am armed and not to eff with me or my house.

[Native_Son]

Where 'warning shots' end up:

Bullet crashes through man's roof | WCNC.com | Local News for Charlotte, North Carolina | Local News (http://www.wcnc.com/news/local/stories/wcnc-030909-bullet_crash.1ac97e8d.html?npc - broken link)

[anifani821]

I think we can all agree that warning shots are not the best idea, altho I would worry less about buckshot than a bullet.

[anifani821]

Originally Posted by himain

I'll throw my two cents in on this. We have a wooded buffer (about 40') between me and the houses behind us. There would be NO reason for someone to be in those woods at 12:30am. Well at least being up to any good anyways. Would I fire at them/warning shot?? No but I would pump my shotgun to make them aware that I am armed and not to eff with me or my house.

TOTALLY AGREE. Sometimes, just that sound is enuff to deter a person from coming closer. In fact, I personally know of a situation in my family where all the person had to do was pump that shotgun and the burglar dropped his haul (wh/ was in a bag) and ran out of the house. The homeowner had sneaked down the stairs from an upstairs bedroom and could see the outline of the guy in the semi-darkness. Turns out there were two thugs and both immediately left, w/ one yelling - "Don't shoot" on the way out the back door. The thieves made off with nothing.

[ssd3]

Originally Posted by himain

I'll throw my two cents in on this. We have a wooded buffer (about 40') between me and the houses behind us. There would be NO reason for someone to be in those woods at 12:30am. Well at least being up to any good anyways. Would I fire at them/warning shot?? No but I would pump my shotgun to make them aware that I am armed and not to eff with me or my house.

When I was a kid we would play flashlight tag, late at night, in the woods by my house all of the time. If anyone yelled at us we would not answer, we would just run.

[rackley]

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."

[snip]

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.

In other words, the law scared the law abiding citizen so much, he/she decides not to protect himself. Maybe the law needs a little examination?

I doubt the criminal element has this particular passage from the state law statues committed to memory when they carry.

BTW, concealed carry is not a right, it's a privilege, at least according to the law. That's why you have to jump through hoops and pay the government in order to be allowed to do it.

[Metallisteve]

Correct...but open carry is either restricted in urban centers (like Charlotte, if I'm not mistaken) or severely frowned upon due to people's uneasiness of the sight of a gun. So concealed carry is pretty much the only choice you have if you want to carry. Having established that, it should be crystal clear as to why we need more rights in the hands of the law abiding citizen than the law breaker. Again, the Castle Doctrine takes some large strides toward this. Make sure your representatives know this.

[LLN]

Originally Posted by Metallisteve

On your property, you can brandish a weapon and use it to detain. North Carolina is an open carry state...meaning no permit is required to carry a firearm out in the open. It's what makes leaving a loaded gun on your seat in your car perfectly legal.

I disagree that you can brandish a weapon and use it to detain. You cannot, legally, and you cannot use self defense if you are arrested for doing so.

Here is an excellent link from the NC Sheriff's association about concealed weapons and use of deadly force. FYI, the concealed weapons course is about 98% Use of Deadly Force and only 2% about Concealed Weapons. The use of deadly force is the same for either concealed or open carry.

Enjoy:

http://www.ncsheriffs.org/images/Con...ly%20Force.pdf

[vindaloo]

Originally Posted by rackley

In. That's why you have to jump through hoops and pay the government in order to be allowed to do it.

The same is applicable when becoming certified to teach. One must pay for fingerprinting and testing. I didn't mind paying for conceiled weapon background check since it required extra time and processing for somethint that would only benefit me, but paying to process fingerprinting for teaching is a bit much. Yep, the government sucks sometimes.