castle doctrine in nc?

Discussion in 'Concealed Carrying & Personal Protection' started by AWDeanSr, Oct 12, 2009.

  1. AWDeanSr

    AWDeanSr New Member

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    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:
     
  2. Jess

    Jess New Member

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

  3. AWDeanSr

    AWDeanSr New Member

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    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!
     
  4. Panther

    Panther New Member

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    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
     
  5. AWDeanSr

    AWDeanSr New Member

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    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.
     
  6. supergus

    supergus New Member

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    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:
     
  7. AWDeanSr

    AWDeanSr New Member

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    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
     
  8. WDB

    WDB New Member

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  9. supergus

    supergus New Member

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    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:)
     
  10. WDB

    WDB New Member

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    If the castle law is in effect in your state if you preceive the intruder as a threat there is NO need to go to hand to hand combat with the intruder. Put them down by voice command if they do anything but comply then put them down with a double tap. Also ma states that have he castle law also have a stand your ground law that expresses that you don't have to retreat from a preceived threat. I'm not a lawyer just stating how I interpiet the castle law.

    Also I would try and leave/escape instead of going hand to hand with an intruder for several reasons. I don't know if the inruder is armed, I don't know if the one intruder I can see is the only intruder, I don't now if the intruder is high on something that will limit his ability to register pain and I don't know the ability of the intruder (even bad guys can take matrial art classes, have military training or just be a good brawler). If your not willing to use leathal force then get the heck out if possible. IMO
     
  11. Robert NC

    Robert NC New Member

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    When I took the concealed carry class this year, the instructor advised on have a safe room in your house, i.e. your bed room. Then if the scum bag broke in and you had the bed room door shut, if he tried to enter the bed room it would be the same as breaking into your house. Don't know if he was right or not, just my 2 cents.

    Wish the libs would get off their ass and pass the castle law for North Carolina. We will have to vote them out to get that done.