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Thread: NC castle doctrine?

  1. #1
    Regular Member papa bear's Avatar
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    NC castle doctrine?

    hey. ran into some thing on another thread that i have been getting varied answers to. Is North Carolina, a castle doctrine state. NRA website says no, but some other gun law websites say yes.


    § 14‑51.1. Use of deadly physical force against an intruder.

    (a) A lawful occupant within a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry (i) 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 (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.

    (b) A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder in the circumstances described in this section.

    (c) This section is not intended to repeal, expand, or limit any other defense that may exist under the common law. (1993 (Reg. Sess., 1994), c. 673, s. 1.)
    This document (also available in PDF and RTF formats) is not an official document.
    Please read the caveats on the main NC Statutes page for more information.

    it seems like all NC laws written in recent times . it is a mater of interpretation.

    what do y'all think?

  2. #2
    Regular Member elixin77's Avatar
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    If memory serves, we have a kind of 50/50 castle doctrine.

    Basically, you can shoot them if and only if they are in the process of breaking into your place of residence. It's this line thats the kicker:

    against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry
    You can shoot them if you've been woken up to someone breaking glass, grab your gun and find someone climbing through the window or trying to get the lock to turn. Once they are inside though, then you can't use deadly force.

    Of course, if you fear for your life once they gain entry, then you can shoot at them in self defense (you see something in their hand, they charged at you)

    A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder in the circumstances described in this section.
    We do not have a duty to retreat while in the home, so you don't have to go to a corner and see if the BG comes at you before you shoot at them.

    if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.
    This part is making me think. I'm fairly certain we can use any force necessary, except deadly force, to keep people from taking our stuff. But this clause basically says that if they are going to take your TV (felony theft because it is valued at more then $50), then you can shoot them. But since they aren't posing a threat to you, you can't shoot them. Anyone want to help?
    Last edited by elixin77; 07-27-2010 at 12:30 PM.
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    We need to adopt Texas's CD



  4. #4
    Regular Member Dreamer's Avatar
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    Quote Originally Posted by elixin77 View Post
    Of course, if you fear for your life once they gain entry, then you can shoot at them in self defense (you see something in their hand, they charged at you)

    Yes, we essentially have a "South Park Castle Doctrine".

    "He was coming right for me!"...

    But you'd better be prepared to prove that you were in genuine fear for your life. ANYTHING can be a deadly weapon in the hands of a desperate criminal--a screwdriver, a crowbar, a kitchen knife, a broken bottle...


    Quote Originally Posted by elixin77 View Post
    This part is making me think. I'm fairly certain we can use any force necessary, except deadly force, to keep people from taking our stuff. But this clause basically says that if they are going to take your TV (felony theft because it is valued at more then $50), then you can shoot them. But since they aren't posing a threat to you, you can't shoot them. Anyone want to help?
    The way it was explained to me in my CHP class was that if a BG is walking across your living room for the door with your TV in his arms, he is NOT posing a deadly threat, unless he somehow sprouts a third arm with a weapon. As a general rule, not many courts are going to see a 42" flat screen TV as a "deadly weapon"...

    Now if, when the BG sees you, he sets your TV down, and reaches in his pocket and pulls out a screwdriver or a steak knife, THAT is a different story altogether...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

  5. #5
    Regular Member lonewolf2810's Avatar
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    First of all if he breaks into my home while I am there he will have a very bad day as he won't have time to pick up the TV or anything else. All I will tell them is I feared for my life, that is what my CCW instructor told me.

  6. #6
    Regular Member papa bear's Avatar
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    it makes me think of how vague a lot of NC laws are now. like weather wearing a gun "terrorizes" someone. also the move over law. how far to move over? how much to slow down. these laws are meant to be vague so government workers can interpret them anyway they want.
    i think the you can shoot someone for knocking hard on your door, but you are not to assume someone illegally in your home is not up to no good?

  7. #7
    Regular Member TheFreeman's Avatar
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    Pretty much the way Dreamer said it is the way that I understand it. If someone is in the process of breaking into your house, weather or not you can see who or what is coming through that door, you can shoot through the door to protect yourself/home/family. However, once that criminal is inside, until you are threatened with deadly force, or a female occupant feels in danger of being raped, the criminal can gather up stuff and walk out.

    Now, I had never thought about detaining a criminal based on the felony aspect of breaking and entering. I know I've heard/read of people doing it, but I wasn't sure if that was legal until it was brought up.

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