Cites, please.
Forum Rules #5:
(5) CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.
http://forum.opencarry.org/forums/misc.php?do=showrules
North Carolina Gun Law: Use Of Deadly Physical Force Against An Intruder
Excerpted from the North Carolina, Concealed Carry Handgun Training Manual, Published by the North Carolina Justice Academy, Written by Inst. Steve Johnson:
1) North Carolina Common Law
Use of force to protect a person
(1) Justified Self-Defense
A citizen is legally justified in using deadly force against another only if:
(a) The citizen actually believes deadly force is necessary to prevent an imminent threat of death, great bodily harm, or sexual assault and
(b) The facts and circumstances prompting that belief would cause a person of ordinary firmness to believe deadly force was necessary to prevent an imminent threat of death, great bodily harm, or sexual assault, and
(c) The person using deadly force was not an instigator or aggressor who voluntarily provoked, entered, or continued the conflict leading to deadly force, and
(d) Force used was not excessive - greater than reasonably needed to overcome the threat posed by a hostile aggressor.
(2) Duty To Retreat Before Using Deadly Force Unless and exception such as those listed below applies, a citizen must retreat before using deadly force if retreat is possible.
Exception
A. There is no duty to retreat before using deadly force if the assault threatens imminent death or great bodily harm - a murderous or felonious assault or sexual assault.
Exception
B. There is no duty to retreat before using deadly force if the victim is on his or her own premises, or on his or her business premises, or is at home.
(4) Deadly Force in Defence of Others
A Citizen may intervene and use deadly force in defence of another person when, under the facts and circumstances, it reasonably appeared necessary to save the other person from imminent threat of death, great bodily harm, or sexual assault but only to the extent the other person was entitled to use deadly force in self-defence.
(5) Deadly Force MAY NOT Be Used:
(a) To Stop a Simple Assault.The exact point in time a simple assault becomes deadly is often unclear. Repeated blows to vital body areas, choking, continued beating on a helpless or weakened victim, are some indicators.
(b) Because of the Use of Violent Language § 14-277.1. Communicating threats.
(c) Because You Are a Victim of Past Violence and Fear Future Violence
(d) Because a Trespasser Refuses to Leave
(e) To Arrest a Criminal or to Prevent a Criminal's Escape
b. Use of force to protect property
The law does not permit the use of deadly force solely to protect property, or to prevent theft, or to regain stolen property. An owner CANNOT shoot at a thief - before, during, or after a theft. The same rule prohibits deadly force to prevent injury or vandalism to property. A different rule applies if life is imminently threatened at the same time property is taken. Deadly force used to prevent an armed robbery is force used to protect life, not to protect property.