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Old 11-05-2009, 09:19 PM   #21
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I lived in N and S Carolina for a couple of years and there gun laws are pretty strict. Be careful on what you do, and especially what you say online in a form.
I can understand worrying about your friend and trying to help her. But you have to be careful that you are not the on that gets in to trouble out of your willingness to help her. There has been a lot of good information listed for you here so what you do is now up to you.

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Old 11-05-2009, 10:28 PM   #22
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Anybody else noticed that this fisherman hasn't been back since 30 minutes or so after the Original Post in this thread?

As attached as most chicks i know are to their cellphones, i find it hard to believe the girl wouldn't have used her cell to get some video for the popo. This thread has the strong aroma of BS; not calling the OP a lier; just saying it seems awfully contrived or unlikely.

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Old 11-15-2009, 01:40 AM   #23
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You should go to SC to help your friend move. If she has a lease she should talk to the management about giving her another vacant apartment in the complex. If they are not helpful she should call the police and demand a report every time she has problems with the neighbor, and then use the reports to show a pattern of harassment and physical threats in order to get a Victim Protection Order (restraining order), thus compelling the apartment management to take some action.

If someone breaks into a residence where I am an invited guest and I am placed in fear for my life then I would defend myself with whatever means available. This does not mean opening the apartment door and helping to escalate the problem.

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Old 11-15-2009, 04:41 PM   #24
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Quote:
Originally Posted by canebrake View Post
This is our standard reply to legal questions:

The FTF flunked our Bar Exam.

Only a fool would take legal advice from us.

Taking legal advice from a public forum is only exceeded in stupidity by the people that offer that advice!
Good advise. So instead look at the statutes themselves.


Quote:
SECTION 16-11-430. Definitions.

As used in this article, the term:

(1) "Dwelling" means a building or conveyance of any kind, including an attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging there at night.

(2) "Great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

(3) "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(4) "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

SECTION 16-11-440. Presumption of reasonable fear of imminent peril when using deadly force against another unlawfully entering residence, occupied vehicle or place of business.

(A) A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury to himself or another person when using deadly force that is intended or likely to cause death or great bodily injury to another person if the person:

(1) against whom the deadly force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if he removes or is attempting to remove another person against his will from the dwelling, residence, or occupied vehicle; and

(2) who uses deadly force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring or has occurred.

(B) The presumption provided in subsection (A) does not apply if the person:

(1) against whom the deadly force is used has the right to be in or is a lawful resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder; or

(2) sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship, of the person against whom the deadly force is used; or

(3) who uses deadly force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

(4) against whom the deadly force is used is a law enforcement officer who enters or attempts to enter a dwelling, residence, or occupied vehicle in the performance of his official duties, and he identifies himself in accordance with applicable law or the person using force knows or reasonably should have known that the person entering or attempting to enter is a law enforcement officer.

(C) A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.

(D) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or a violent crime as defined in Section 16-1-60.

(E) A person who by force enters or attempts to enter a dwelling, residence, or occupied vehicle in violation of an order of protection, restraining order, or condition of bond is presumed to be doing so with the intent to commit an unlawful act regardless of whether the person is a resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder.

SECTION 16-11-450. Immunity from criminal prosecution and civil actions; law enforcement officer exception; costs.

(A) A person who uses deadly force as permitted by the provisions of this article or another applicable provision of law is justified in using deadly force and is immune from criminal prosecution and civil action for the use of deadly force, unless the person against whom deadly force was used is a law enforcement officer acting in the performance of his official duties and he identifies himself in accordance with applicable law or the person using deadly force knows or reasonably should have known that the person is a law enforcement officer.

(B) A law enforcement agency may use standard procedures for investigating the use of deadly force as described in subsection (A), but the agency may not arrest the person for using deadly force unless probable cause exists that the deadly force used was unlawful.

(C) The court shall award reasonable attorneys' fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of a civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (A).
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Old 11-15-2009, 05:03 PM   #25
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when defending youself, or others; self defense is defined as using only as much force as is NECESSARY to neutralize the threat.

if the police determined that you used excessive force, you could be in for a heap of headaches...

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Old 11-22-2009, 09:12 PM   #26
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Always if possible, when the threat is at the door call 911 and tell them there is someone at your door making life threatening statements to you and those behind the door with you. Yell real loud, "I have a gun and will defend myself do not come into my house." Say real clear into the phone that you are very scared and are afraid you could lose your life if they gain access to your home and you will use deadly force to protect your self. Continue to make sure the person(s) on the other side of the door and the noise they are making can be heard by the 911 dispatcher. When the door is broken in and the threat is inside your home defend yourself until the threat is gone.

You have a 911 officer who has to testify in court to what they heard and to what you said. The call is recorded so you have an actual record of the event. You gave warning and someone, for whatever reason, choose not to care.

Remember this: What you are about to do will be considered in a court of law perhaps. The right for what you have done will be/could be decided by 12 of your peers and a Judge if you made the right decision. You will also have to live with this action the rest of your life and may have to move. People have relatives. Even though you are right the ones who rasied the one you defended yourself from was raised and grew up with those relatives. If you cannot accept this then learn how. Police are there to investigate crime after it takes place. They cannot be there when you need them. Make sure they investigate your situation as self defense and justifiable. Good luck.

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