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Thread: Stand your ground/Castle Doctrine

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    Stand your ground/Castle Doctrine

    If my neighbor were to attack me in my front yard at night, I could shoot him under “Stand your ground/Castle Doctrine”. I am not concerned about my neighbors-they are all great people.

    In North Carolina it is illegal to hunt coyotes at night (with or without a light). We have lost many chickens over the past year. This winter the coyotes were bold enough to come outside my bedroom window.

    Last month we had a rabid beaver on the farm that my dogs killed. I do not want to risk rabies, if I run into a coyote on the farm at night my plans are to shoot to kill.

    Can anyone state a General Statue that will cover this situation, or does the “Stand your ground/Castle Doctrine” need revision to include dogs and dangerous animals (wolfs, coyotes, bears).

    Maybe someone from Grass Roots North Carolina can comment on what General Statue would address a dog or wild animal. My concern is rabies.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Milton View Post
    If my neighbor were to attack me in my front yard at night, I could shoot him under “Stand your ground/Castle Doctrine”. I am not concerned about my neighbors-they are all great people.

    In North Carolina it is illegal to hunt coyotes at night (with or without a light). We have lost many chickens over the past year. This winter the coyotes were bold enough to come outside my bedroom window.

    Last month we had a rabid beaver on the farm that my dogs killed. I do not want to risk rabies, if I run into a coyote on the farm at night my plans are to shoot to kill.

    Can anyone state a General Statue that will cover this situation, or does the “Stand your ground/Castle Doctrine” need revision to include dogs and dangerous animals (wolfs, coyotes, bears).

    Maybe someone from Grass Roots North Carolina can comment on what General Statue would address a dog or wild animal. My concern is rabies.
    Since "stand your ground and castle doctrine" provide immunity or defense against charges of murder, manslaughter and the like with which one is not going to be charged for shooting a rabid animal, I cannot see a realistic connection. PETA might disagree, but they are generally disagreeable anyway.

    Also shooting a dangerous or pest animal is an aggressive action, not a defensive one.

    IMO - the questions are a stretch for this forum (not OC related), except marginally maybe in the General Discussion sub-forum.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

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    Quote Originally Posted by Grapeshot View Post
    Since "stand your ground and castle doctrine" provide immunity or defense against charges of murder, manslaughter and the like with which one is not going to be charged for shooting a rabid animal, I cannot see a realistic connection. PETA might disagree, but they are generally disagreeable anyway.

    Also shooting a dangerous or pest animal is an aggressive action, not a defensive one.

    IMO - the questions are a stretch for this forum (not OC related), except marginally maybe in the General Discussion sub-forum.
    I understand that my question may be a stretch, I am more likely to have to defend myself against a dog or wild animal that I would a fellow citizen. The beaver that attacked my pit bull cost me almost $400 in vets bill. My dogs won the war but at a high cost.

    The NC Attorney Generals office told me that “Stand your ground/Castle Doctrine” does not apply. If I had to shoot a coyote it would be up to the local DA if I would be prosecuted. There is no way to know if the animal is rabid for sure without testing. I do not want to depend on a jury containing a PETA member deciding my fate.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Milton View Post
    I understand that my question may be a stretch, I am more likely to have to defend myself against a dog or wild animal that I would a fellow citizen. The beaver that attacked my pit bull cost me almost $400 in vets bill. My dogs won the war but at a high cost.

    The NC Attorney Generals office told me that “Stand your ground/Castle Doctrine” does not apply. If I had to shoot a coyote it would be up to the local DA if I would be prosecuted. There is no way to know if the animal is rabid for sure without testing. I do not want to depend on a jury containing a PETA member deciding my fate.
    The question is a stretch because it has nothing to do with OC, stand your ground, or castle doctrine. Too I doubt that having to defend against a rabid animal is more likely than defending against a "fellow human" - no idea where that comes from.

    We focus on open carrying handguns as we go about our normal everyday lives - wild animal control is not really germane.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    FYI, the NCWRC is considering allowing night hunting of coyotes and hogs. I suggest you take the time to contact them with your concerns. It takes as few as 10 responses to an issue to get their attention. I can tell you that myself and others who emailed and called got them to change some of their firearms regulations recently.

    http://www.ncwildlife.org/contacts.aspx

    Also, do you live within city limits or out in the county?

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    Quote Originally Posted by Grapeshot View Post
    The question is a stretch because it has nothing to do with OC, stand your ground, or castle doctrine. Too I doubt that having to defend against a rabid animal is more likely than defending against a "fellow human" - no idea where that comes from.

    We focus on open carrying handguns as we go about our normal everyday lives - wild animal control is not really germane.
    Def a stretch, but the OP did ask if shooting a wild animal on their own property, to defend the life/well-being of "others" would/should be covered under the castle doctrine..... I'd allow it, but I'm no moderator........

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    Quote Originally Posted by aosailor View Post
    Def a stretch, but the OP did ask if shooting a wild animal on their own property, to defend the life/well-being of "others" would/should be covered under the castle doctrine..... I'd allow it, but I'm no moderator........
    The question was stretch because it isn't OC specific, etc.

    "...would/should be covered under castle doctrine" - has been answered, it doesn't.

    "Allow it?" - it is still hanging on by a thread
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Grapeshot View Post
    The question was stretch because it isn't OC specific, etc.

    "...would/should be covered under castle doctrine" - has been answered, it doesn't.

    "Allow it?" - it is still hanging on by a thread
    touché

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    Regular Member bigl0af's Avatar
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    Three S's come to mind:
    Shoot, shovel, and shutup

    Sent from my SPH-D710 using Tapatalk 2

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    Regular Member ArmySoldier22's Avatar
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    Quote Originally Posted by bigl0af View Post
    Three S's come to mind:
    Shoot, shovel, and shutup

    Sent from my SPH-D710 using Tapatalk 2
    That's pretty much my outlook on it. If I didn't live within city limits, I already know what I'd do hypothetically, regardless of what the law hypothetically may or may not be.

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    Campaign Veteran skidmark's Avatar
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    Not being versed in NC laws I'm having a bit of difficulty looking for what I was hoping to find. Maybe one of you Tar Heels can point the OP towards the appropriate Article or regulation within the appropriate agency?

    Most states have laws/regulations about the protection of livestock and companion animals from predators and rabid animals. Sometimes it is necessary to get a special permit/license to go looking for the predator/set traps, and in other cases the regulations set out the how as well as the when of protecting livestock or companion animals from predation by wild animals. Likewise, most states have mechanisms in place to allow for protection of agricultural crops from wild animals. (I know several people who intend to derive a signifcant income from that lone tomato plant out near the treeline and have applied for permits to kill deer that attempt to ravage the crop.)

    To keep this on point, be sure to OC when filling out te application for your license/permit and when engaging in protecting your livestock.

    stay safe.
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    Knowing that you open carry on your property and could catch one in the act....

    From NC Wildlife....
    Coyotes can be hunted year-round using firearms and archery equipment. However, check to see if local ordinances restrict the discharge of firearms. A landowner can shoot a coyote in the act of causing damage.


    http://www.ncwildlife.org/Portals/0/...ithCoyotes.pdf

    but a simple phone call should provide you with all the answers you want.
    Last edited by merc460; 04-17-2012 at 11:21 PM.

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    Is it legal to trap coyotes in NC?

  14. #14
    Moderator / Administrator Grapeshot's Avatar
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    This is not a wildlife forum

    Anyone interested in finding out about coyotes may contact the Wildlife Commission.

    N.C. Wildlife Resources Commission
    1751 Varsity Drive
    Raleigh, NC 27606
    (919) 707-0040
    www.ncwildlife.org
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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