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-   -   castle doctrine in nc? (http://www.firearmstalk.com/forums/f17/castle-doctrine-nc-19069/)

AWDeanSr 10-12-2009 07:39 PM

castle doctrine in nc?
 
I looked around to see if someone had asked this question already but could not find any thread addressing this issue... Is there a castle doctrine law in NC? I searched the NC DOJ and could not find anything. :confused:

Jess 10-12-2009 07:42 PM

the best way to find out is to speak to a NC lawyer.

IGETEVEN 10-12-2009 08:03 PM

Senate Bill 928 It is still stalled in your State House.

NRA-ILA :: North Carolina: ?Castle Doctrine? Self-Defense Bill Still Stalled in Raleigh

Jack

AWDeanSr 10-12-2009 09:20 PM

Quote:

Originally Posted by IGETEVEN (Post 173174)
Senate Bill 928 It is still stalled in your State House.

NRA-ILA :: North Carolina: ?Castle Doctrine? Self-Defense Bill Still Stalled in Raleigh

Jack

Thanks...I looked through the NRA site earlier but did not see this...I have spent the past couple hours reading over the North Carolina General Statutes for some info.

Even with a military background, I have been apprehensive about owning a handgun. The neighborhood I live in has gangs, prostitution , drug trafficking and frequent gunfire at night. The Law enforcement here seems to do very little or nothing about these blatant crimes. Would move if I could. Until then I have to be able to protect my most valued belongings... my wife, son and 2 year old doberman.

The last thing I ever want to do is shoot someone, however, if that situation arises it is paramount that I know my rights!

Panther 10-15-2009 01:50 AM

I live in Charlotte and took my ccw course a few weeks ago. We learned that " North Carolina does allow the use of force up to and including deadly force against an intruder ( G.S. 14-51.1 ) to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry 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 if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence." Basically it means forget the old adage " Shoot him and drag him inside". in NC you need to shoot the intruder before he gets inside

AWDeanSr 10-15-2009 03:19 AM

Quote:

Originally Posted by Panther (Post 174146)
I live in Charlotte and took my ccw course a few weeks ago. We learned that " North Carolina does allow the use of force up to and including deadly force against an intruder ( G.S. 14-51.1 ) to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry 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 if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence." Basically it means forget the old adage " Shoot him and drag him inside". in NC you need to shoot the intruder before he gets inside

Thank you for the info.....

I am going to the Sheriffs office tomorrow to pick up my first ever handgun permit. I believe the concealed carry class is next on my agenda.

supergus 10-15-2009 03:55 AM

Quote:

Originally Posted by Panther (Post 174146)
I live in Charlotte and took my ccw course a few weeks ago. We learned that " North Carolina does allow the use of force up to and including deadly force against an intruder ( G.S. 14-51.1 ) to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry 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 if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence." Basically it means forget the old adage " Shoot him and drag him inside". in NC you need to shoot the intruder before he gets inside

That's pretty accurate. You can use deadly force if someone is forcing their way into your home, but if you walk in on someone robbing you, you can't use deadly force, UNLESS he attacks you. So you don't really need to shoot before he gets inside; however the situation inside the home will dictate whether DF was justified. IIRC the Castle Doctine keeps stalling because the Libs don't like that the CD would not allow the perp's family to sue you. Go figure:rolleyes:

AWDeanSr 10-15-2009 04:13 AM

Quote:

Originally Posted by supergus (Post 174211)
That's pretty accurate. You can use deadly force if someone is forcing their way into your home, but if you walk in on someone robbing you, you can't use deadly force, UNLESS he attacks you. So you don't really need to shoot before he gets inside; however the situation inside the home will dictate whether DF was justified. IIRC the Castle Doctine keeps stalling because the Libs don't like that the CD would not allow the perp's family to sue you. Go figure:rolleyes:

No material possessions which I own are worth someone's life.

I wonder what happens if you come home everything seems ok. You walk into your bedroom and you see an intruder going through your stuff....you draw your weapon and order them out, if he/she then charges at you and you then fire your weapon into them. Will the current laws view you or the intruder as the aggressor in this situation? Maybe the BG had no intention of harming you till he felt a threat to his life.

In a situation like this, reaction time is critical and seems to me that not having a castle doctrine law in effect gives the intruder an unfair advantage

WDB 10-16-2009 01:58 AM

Here is a good site to answer CCW requirements and castle law in effect. This sites state NC has the castle law.

USA Carry - Open and Concealed Carry Information and Community

supergus 10-16-2009 03:24 AM

Quote:

Originally Posted by AWDeanSr (Post 174214)
No material possessions which I own are worth someone's life.

I wonder what happens if you come home everything seems ok. You walk into your bedroom and you see an intruder going through your stuff....you draw your weapon and order them out, if he/she then charges at you and you then fire your weapon into them. Will the current laws view you or the intruder as the aggressor in this situation? Maybe the BG had no intention of harming you till he felt a threat to his life.

In a situation like this, reaction time is critical and seems to me that not having a castle doctrine law in effect gives the intruder an unfair advantage

I agree with that scenario; such is the responsibilities of a gun owner to make a very quick decision. Without jumping off track here, I would offer that this exact situation is why I recommend that anyone who owns a firearm for protection takes some sort of hand to hand combat or martial arts...IMO:)


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