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Age to OC On Own Property
- Thread starter Ton80
- Start date
razor_baghdad
Regular Member
Agree Grape. So do firearms.....LOL
I was referring to the advice that someone needed dogs and a fence IN LIEU OF the "better" or "OUR" option. All in all, any defense is better than no defense.
After all, this is a firearm site, not dockdogs.com.
Was only making an observation, not pointing a finger. Multiple levels/options was my point.
Ton, you are aware NC citizens may not use deadly force to protect property, to including pointing a firearm at someone (§ 14-34. Assaulting by pointing gun)?
please put that into your decision making.
ipse
OC for ME
Regular Member
A 14 y/o has not the right to self defense, on his own property, in NC?
Hmm...I'll have to reconsider any future interactions with/within NC.
Hmm...I'll have to reconsider any future interactions with/within NC.
davidmcbeth
Banned
Generally, the police (and others) are invited onto your property .. by virtue of a walkway from public land to the front door.
Your son should simply not answer the door and avoid all contact (no requirement to answer a ringing doorbell).
Want to remove this invitation to your front door to anyone? Then file a notice of trespass with that person. Police and town employees included as available to be noticed. A simple letter telling them to stay off your land is sufficient, filed with the clerk of the town (or who can accept legal service) with a courtesy copy to the police dept. should be all that is needed. Then the police must have PC to enter in the performance of their duties...ie there to arrest you.
Of course, you may wish to check with a licensed attny as well...IANAL
davidmcbeth
Banned
Do folks in NC have the right to use reasonable force to get back property that was stolen? I don't think NC has citizens arrest, if I recall correctly...but if one can use force to reacquire stolen property, I don't know, hence the ?
NC is one of the few states that I know that uses notice pleading in civil cases v. fact based pleading. Its a plaintiff's paradise.
NC citizens have no citizens arrest ! we may detain and detain only. now the rub is you may not point a firearm at another citizen as it is considered as mentioned previously, assault by weapon. therefore, IMO you are at a loss to even detain someone.
the NC statutes from my perspective are vague on force to retrieve stolen property...i believe you need a nice LE to assist.
for trespass, NC citizens must use words first then escalate stopping at deadly force. also remember, if deadly force is used, you must not be the instigator.
ipse
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Resto Guy
Regular Member
All it would take
to turn things bad for this boy is for a neighbor to call the CITY police and report a young man brandishing a gun. It would be different if he was seen in a field outside of the city with an orange cap on. I can assure you that the police in that area can make it as serious as they want to pretend it is when they arrive, and I would not subject any 14 y.o. to explain constitutional law to a cop. Or to be armed and try to deny access to the property. Add to the mix that it is a military community and it ups the anxiety.
And the answer to the questions about protecting property with deadly force is a NO in North Carolina.
to turn things bad for this boy is for a neighbor to call the CITY police and report a young man brandishing a gun. It would be different if he was seen in a field outside of the city with an orange cap on. I can assure you that the police in that area can make it as serious as they want to pretend it is when they arrive, and I would not subject any 14 y.o. to explain constitutional law to a cop. Or to be armed and try to deny access to the property. Add to the mix that it is a military community and it ups the anxiety.
And the answer to the questions about protecting property with deadly force is a NO in North Carolina.
carolina guy
Regular Member
Are you speaking of trespass on open property in general, or the curtilage or the home? If not on open property, there is no duty to retreat.
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_14/Article_14.html
Unless the person breaking into your home makes a valid effort to leave, you are justified in using any force you feel necessary. I do not see anything about any duty to warn, escalate or otherwise do anything other than defend yourself as you deem necessary. Is there some court-made law?
carolina, et al., sorry, but while the 14-51.x states , while in your home, motorhome, or work you may of course stand your ground...
however, as espoused previously, unless there is a clear and present danger to those occupants i hold dear of those areas while i am on site, i will not preside over being judge, jury, and executor for a misdemeanor (14-159.x ~ trespass) ; felon (14-51.x ~ housebreakings) .
just difference perspective...
and trespass on land...my advice stands...
ipse
however, as espoused previously, unless there is a clear and present danger to those occupants i hold dear of those areas while i am on site, i will not preside over being judge, jury, and executor for a misdemeanor (14-159.x ~ trespass) ; felon (14-51.x ~ housebreakings) .
just difference perspective...
and trespass on land...my advice stands...
ipse
carolina guy
Regular Member
Simple trespass on land, the owner has little if any, ability to use force in NC. You are quite correct in that. If the home/car/workplace is not occupied at the time of entry, then the staute gives no authority for any level of force other than simple detention or running the threat off (IMO), you are correct.
If someone enters your occupied home/vehicle/workplace ILLEGALLY, it is entirely up to you to determine HOW to neutralize the threat to yourself, your fellow occupants. I do not think the legislature or this board is advocating the immediate use of deadly force.
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color of law
Accomplished Advocate
Another state I have no desire to live in.
bc.cruiser
Regular Member
Appreciate that.
color of law
Accomplished Advocate
East of the Mississippi it seems that Ohio, Kentucky and Virginia are the best pro-gun states to live in.
carolina guy
Regular Member
And your complaint about NC would be what?
OHIO best pro gun state...really...P L E Z Z Z Z Z Z...
sure glad the biased speaking one's opinion is still protected by some amendment somewhere...
(shaking my head as i leave)
ipse
case in point...OC and go climb into your vehicle w/o your handy state issued privilege card.
(as i ease into my NC registered vehicle while OC'g not needing any state issued privilege card whatsoever!!)
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carolina guy
Regular Member
Have Gun - Will Carry
Regular Member
Hold on there, don't laugh too soon... Didn't y'all have to beg for a permit just to purchase each of them there pistols you're OC'in'? :lol: Definite infringement of your constitutionally-guaranteed rights!
Granted, OC'ing in a vehicle in Wisconsin without a CCL is a gray area (untested in the court system since the concealed carry act went into effect 4 years ago) and likely to earn one a small fine... But overall we've got it pretty good here - no license or training required to OC anywhere that CC is legal (except inside the capitol building), and it's fairly well-received by other citizens, except in the liberal big cities.
I've had quite a few compliments about me carrying, vs. only a couple dirty looks and one bad experience (removed from a Wal-Mart on a Sunday, then getting an apology from the store manager a couple days later.) OC is even accepted by LEA statewide, other than by Milwaukee Police Chief Ed Flynn's "troops" and the liberal loonies in Madistan, so throw us onto the list of good OC states east of the Mississippi!