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Thread: Castle Doc?

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    Castle Doc?

    Anyone know what is up with SB-34? haven't heard anything since it crossed over.

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    Why worry about it? NC has always had something to the effect but not called the "Castle Doctrine".

    http://www.ncga.state.nc.us/enactedl...s_14-51.1.html

    " 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.)"

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    Regular Member Northerner's Avatar
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    Quote Originally Posted by NoGlock4U View Post
    Why worry about it? NC has always had something to the effect but not called the "Castle Doctrine".

    http://www.ncga.state.nc.us/enactedl...s_14-51.1.html

    " 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.)"

    All true AND it would be nice if and when this extends to my car. Most say, I drive a pretty nice sports car with alloy 19" 275 35 tires (stock) and I can't tell you how many punks eye-F*** me and my car. It's only a matter of time.
    Last edited by Northerner; 04-21-2011 at 02:06 PM.
    "Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
    Thomas Jefferson

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    Quote Originally Posted by Northerner View Post
    All true AND it would be nice if and when this extends to my car. Most say I drive a pretty nice sprots car with alloy 19" 275 35 tires (stock) and I can't tell you how many punks eye-F*** me and my car. It's only a matter of time.
    I bet my 265's on 17's on my spRotz cah are just about as wide as your 275's on 19's.... and trust me, I know the feeling.

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    Regular Member Northerner's Avatar
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    Quote Originally Posted by NoGlock4U View Post
    I bet my 265's on 17's on my spRotz cah are just about as wide as your 275's on 19's.... and trust me, I know the feeling.
    LOL...I fixed it....spoRts car. What are you driving? I see "cah" you from up Nawrth?
    "Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
    Thomas Jefferson

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    Regular Member CarryHard's Avatar
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    Quote Originally Posted by Northerner View Post
    All true AND it would be nice if and when this extends to my car. Most say, I drive a pretty nice sports car with alloy 19" 275 35 tires (stock) and I can't tell you how many punks eye-F*** me and my car. It's only a matter of time.
    I agree.
    It should extend everywhere

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    Quote Originally Posted by Northerner View Post
    LOL...I fixed it....spoRts car. What are you driving? I see "cah" you from up Nawrth?
    I drive a discontinued Inline 6 powered Toyota... nope, I'm from the West. I just like the way "cah" sounds hahaha

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    Regular Member Northerner's Avatar
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    Quote Originally Posted by NoGlock4U View Post
    I drive a discontinued Inline 6 powered Toyota... nope, I'm from the West. I just like the way "cah" sounds hahaha
    I grew up in New England, so "cah" is very common, even today. I am running a 2010 370Z.
    "Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
    Thomas Jefferson

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    Quote Originally Posted by NoGlock4U View Post
    Why worry about it? NC has always had something to the effect but not called the "Castle Doctrine".

    http://www.ncga.state.nc.us/enactedl...s_14-51.1.html


    " 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.)"
    2 reasons;

    #1 Civil immunity. I think you would agree that it would suck to have a justifiable self defense shooting only to then be sued by the criminals family in civil court and have to pay out a lot of money to defend yourself because your alive and there POS kid isn't.
    #2 It shifts the burden of proof. They have to prove you acted unreasonable to take you in.

  11. #11
    Regular Member Sc0tt's Avatar
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    Wiki

    Has anyone ever read the wiki for castle law:

    I found it amusing

    Castle Doctrines are legislated by state though not all states in the US have a Castle Doctrine law. The term "Make My Day Law"comes from the landmark 1985 Colorado statute that protects people from any criminal charge or civil suit if they use force including deadly force ................It is sometimes considered derogatory as it may be used to imply that those who assert the Castle Doctrine defense want to have to shoot their assailant. More pejorative is the term "Shoot The Milkman Law",
    -----------------
    --SCOTT

    Si Vis Pacem Para Bellum

    "A government that is big enough to give you everything you need is beg enough to take everything you have, the course of history shows that as government incresses - liberty decreases."


    LEGAL NOTICE: I am not a lawyer, no content in the above post should considered legal advice

  12. #12
    Regular Member sFe's Avatar
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    Quote Originally Posted by NoGlock4U View Post
    I bet my 265's on 17's on my spRotz cah are just about as wide as your 275's on 19's.... and trust me, I know the feeling.
    I'm willing to bet they're 10mm narrower..
    For me, it is far better to grasp the Universe as it really is than to persist in delusion, however satisfying and reassuring. Carl Sagan

    When you understand why you dismiss all the other possible gods, you will understand why I dismiss yours - Stephen Roberts

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    Man, with all this talk about cahs tires and rims I feel HI-JACKED er CAR-JACKED!

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