umbrellaman All American 10892 Posts user info edit post |
Quote : | "if someone is in your house, you dont have to give them an opportunity to walk away...in nc, you dont have to retreat from your home
you can blow them away" |
It's been a while since I've had cc training, so maybe I'm wrong. But I thought NC law states that you cannot shoot somebody just because they're in your home. You can shoot them if they're actively trying to break in, but once they're in the house, you have to establish visual confirmation that they're trying to kill you. You also cannot shoot them just for committing theft; if somebody's stealing your plasma tv and you kill them, you're still going to jail for murder. Lethal force in defense of property in NC is not recognized, only lethal force in defense of one's life.7/30/2008 11:11:27 PM |
absolutapril All American 8144 Posts user info edit post |
I'm hiring djeternal to stay with me when I'm spooked 7/30/2008 11:12:13 PM |
Aficionado Suspended 22518 Posts user info edit post |
why yes, you cant kill to defend property, but you also dont have to retreat from your house
if they are there, and you kill them, who is going to know if they were a threat or not?
any reasonable person would assume that this person was a threat
hell, it isnt hard to throw a knife from your kitchen on the body 7/30/2008 11:13:01 PM |
ScHpEnXeL Suspended 32613 Posts user info edit post |
Quote : | "You can shoot them if they're actively trying to break in, but once they're in the house" |
that is right
the other comments are just redneck wishing, unfortunately.7/30/2008 11:13:05 PM |
Aficionado Suspended 22518 Posts user info edit post |
Quote : | "hell, it isnt hard to throw a knife from your kitchen on the body" |
7/30/2008 11:13:36 PM |
AxlBonBach All American 45550 Posts user info edit post |
Quote : | "if someone is in your house, you dont have to give them an opportunity to walk away...in nc, you dont have to retreat from your home
you can blow them away
" |
understood.
but i'm in VA. 7/30/2008 11:14:11 PM |
djeternal Bee Hugger 62661 Posts user info edit post |
Quote : | "It's been a while since I've had cc training, so maybe I'm wrong. But I thought NC law states that you cannot shoot somebody just because they're in your home. You can shoot them if they're actively trying to break in, but once they're in the house, you have to establish visual confirmation that they're trying to kill you. You also cannot shoot them just for committing theft; if somebody's stealing your plasma tv and you kill them, you're still going to jail for murder. Lethal force in defense of property in NC is not recognized, only lethal force in defense of one's life." |
first of all, CC training has nothing to do with your home. second of all, the law states that if someone is in your home and you FEEL that your life is threatened, you have the right to use deadly force to defend your life and your family. as i have said SEVERAL times in this thread, a dude walking out the door with a TV is NOT life threatening. But a guy you don't know standing in your dark livingroom in the middle of the night can be considered life threatenening, because you have no idea of his intentions or what weapons he may have. Nor do you have the responsibility to find out that fact before you shoot.
[Edited on July 30, 2008 at 11:14 PM. Reason : a]7/30/2008 11:14:15 PM |
umbrellaman All American 10892 Posts user info edit post |
Not being allowed to kill someone in defense of property is "redneck wishing?"
^Then I guess I remembered my cc training incorrectly or interpreted federal and state law incorrectly.
[Edited on July 30, 2008 at 11:15 PM. Reason : hell, maybe you're right, I dunno] 7/30/2008 11:14:15 PM |
khcadwal All American 35165 Posts user info edit post |
i thought you didn't have to retreat from your house but you couldn't use deadly force unless there was a threat of serious bodily harm. like you have to use proportionate force. so if they aren't trying to kill you you can't just shoot them in the face....no?? 7/30/2008 11:31:02 PM |
Aficionado Suspended 22518 Posts user info edit post |
Quote : | "hell, it isnt hard to throw a knife from your kitchen on the body" |
7/30/2008 11:32:06 PM |
djeternal Bee Hugger 62661 Posts user info edit post |
^^ the definition of "threat of bodily harm" is very broad
i view a stranger that has broken into my living room in the middle of the night as a threat of bodily harm, and any decent lawyer could convince the jury of the same
Again, I will use my quote:
Quote : | "I would rather be tried by 12 than carried by 6" |
[Edited on July 30, 2008 at 11:34 PM. Reason : quote]7/30/2008 11:33:15 PM |
seedless All American 27142 Posts user info edit post |
lets put it this way - if some one is in your dark house, and hae have a gun, shoot unless they are running out. 7/30/2008 11:33:15 PM |
khcadwal All American 35165 Posts user info edit post |
^^ i mean, duh
the definition of house is broad
do garages count? sheds? sometimes they do sometimes they don't.
(^^i had just skimmed before i read your post and i read the one at the top of the page about not having to retreat/blowing them away. and then i read yours which kinda said the same thing i did. so yea...my bad, yo)
[Edited on July 30, 2008 at 11:36 PM. Reason : .] 7/30/2008 11:34:44 PM |
punchmonk Double Entendre 22300 Posts user info edit post |
I don't know. 7/30/2008 11:34:45 PM |
seedless All American 27142 Posts user info edit post |
^^ if you are present and you feel bodily harm from an uninvited person that is not retreating SHOOT 7/30/2008 11:35:36 PM |
djeternal Bee Hugger 62661 Posts user info edit post |
garage counts if it is attatched to the house. detatched garage or shed doesn't count
good point though
either way, the original post said LIVING ROOM
[Edited on July 30, 2008 at 11:36 PM. Reason : a] 7/30/2008 11:35:45 PM |
cddweller All American 20699 Posts user info edit post |
I would to defend a loved one. 7/30/2008 11:36:02 PM |
umbrellaman All American 10892 Posts user info edit post |
I do remember that, in NC anyway, head shots won't fly in most juries. The reason is that the head is a small, difficult area on the body to hit, so if you've got enough time to line up a shot into somebody's face then you weren't in "imminent" danger. Now granted that it's entirely conceivable that you can land a hit on the head by freak occurrence, especially if you're just shooting off round after round in the heat of the moment. In fact, it is apparently not all that uncommon for people to empty the entire magazine when they shoot in self-defense; adrenaline does wonders for a person. But another big no-no is to empty the magazine, then reload. Again, if you're in a situation where you've got enough time for that sort of thing, then you had enough time to get away and/or pursue a non-lethal option. 7/30/2008 11:36:33 PM |
djeternal Bee Hugger 62661 Posts user info edit post |
^ i doubt that....if it is dark it would be easy to claim that you were not aiming for a specific area at all, but rather just shooting at random out of fear and just happened to hit the head
[Edited on July 30, 2008 at 11:38 PM. Reason : a] 7/30/2008 11:37:22 PM |
umbrellaman All American 10892 Posts user info edit post |
If you weren't aiming for a specific area at all, then you were obviously not prepared to shoot the guy. ALWAYS aim for center of mass. 7/30/2008 11:38:27 PM |
cddweller All American 20699 Posts user info edit post |
meh
[Edited on July 30, 2008 at 11:39 PM. Reason : .] 7/30/2008 11:38:50 PM |
khcadwal All American 35165 Posts user info edit post |
Quote : | "either way, the original post said LIVING ROOM
" |
again, duh. i was just pointing out that other terms are debatable as well. the topic seemed to drift slightly from the op (into defense of property, etc) so i figured it was ok to stray a little.7/30/2008 11:39:23 PM |
umbrellaman All American 10892 Posts user info edit post |
My point is that you'd better not even draw the weapon unless you're certain that you know what you're doing.
By "know what you're doing," I mean that you're certain that there are no other reasonable options left to you and you are prepared to go the taking-a-life route.
[Edited on July 30, 2008 at 11:40 PM. Reason : blah] 7/30/2008 11:39:39 PM |
djeternal Bee Hugger 62661 Posts user info edit post |
^^^^ hence the "fear of bodily harm" defense
[Edited on July 30, 2008 at 11:40 PM. Reason : a] 7/30/2008 11:39:47 PM |
cddweller All American 20699 Posts user info edit post |
^^that's right.] 7/30/2008 11:39:54 PM |
mcfluffle All American 11291 Posts user info edit post |
cry like a little girl. 7/30/2008 11:40:22 PM |
djeternal Bee Hugger 62661 Posts user info edit post |
my point is don't break into a house unless you are prepared to face the fact that you might get shot 7/30/2008 11:41:09 PM |
cddweller All American 20699 Posts user info edit post |
I'd kill you for a klondike bar. 7/30/2008 11:41:34 PM |
djeternal Bee Hugger 62661 Posts user info edit post |
The NRA estimates that half of all American households have at least one gun owner. That means that if you break into a house, there is AT LEAST a 50% chance that the owner of the house has a gun. If you like those odds, you deserve to get shot. 7/30/2008 11:47:35 PM |
khcadwal All American 35165 Posts user info edit post |
blah blah blah guns are awesome. pow pow.
/thread. 7/30/2008 11:51:33 PM |
djeternal Bee Hugger 62661 Posts user info edit post |
i am a liberal democrat and am in no way a redneck gun loving freak. but I do own one, and i own it specifically for home protection. and i will use it to protect my home
[Edited on July 30, 2008 at 11:56 PM. Reason : r] 7/30/2008 11:53:00 PM |
theDuke866 All American 52829 Posts user info edit post |
haven't read the whole thread
the answer to the thread title is "ABSOLUTELY"
the answer to the question in the first post is "it depends"
Quote : | "I think I'd probably just shoot out both of his knee caps. That way, he can remember that robbing an armed woman, in the future, is a poor idea.
No need to kill. I'm all about teaching life lessons.
" |
Well, here's a life lesson for you:
If you ever need to shoot anyone, start shooting him in the chest, and do it as many times as you can as quickly as you can until he's no longer even potentially a threat.
Doing anything else is stupid for tactical reasons (i.e., you can get yourself dead by trying that hollywood shit), and the courts generally are of the opinion that if the situation wasn't bad enough to warrant doing what I described, it wasn't serious enough to shoot him (i.e., you can get yourself in legal trouble by intentionally shooting someone in the leg).
Plus, good luck hitting an assailant in either of his kneecaps, much less both of them, with him probably moving, you being scared, and only a couple of seconds to make the shot(s). Not gonna happen.
Quote : | "My point is that you'd better not even draw the weapon unless you're certain that you know what you're doing.
By "know what you're doing," I mean that you're certain that there are no other reasonable options left to you and you are prepared to go the taking-a-life route.
" |
Yep. There is no reason to own a gun for personal defense, much less actually carry it or draw it, unless you're willing to look another human being in the eye and kill him.
...and then it generally better be because you'd run out of better options.
[Edited on July 31, 2008 at 12:29 AM. Reason : asdfasd]7/31/2008 12:26:18 AM |
cddweller All American 20699 Posts user info edit post |
Quote : | "the answer to the thread title is "ABSOLUTELY"
the answer to the question in the first post is "it depends" | exactly7/31/2008 12:27:08 AM |
hkrock All American 1014 Posts user info edit post |
I think I'm done shooting people for a while, so no 7/31/2008 2:15:38 AM |
JBaz All American 16764 Posts user info edit post |
please, that fucker won't even reach the house to get inside...
7/31/2008 2:18:57 AM |
fjjackso All American 14538 Posts user info edit post |
im not going to read past page two of this thread
some of you people are damn retarded
all of this "i'd shoot his kneecaps" and "gun pointed at his head, he won't pull a weapon"
blah blah, you do realize in most cases you wont be standing right next to the criminal, you'll have some distance between you. i hope you've spent some serious time at the shooting range to be that confident in your accuracy. CENTER. OF. MASS.
oh, and yes, i would. the criminal would probably not hesitate to harm me, and im sure as hell not going to discuss it with him over coffee 7/31/2008 2:39:10 AM |
wdprice3 BinaryBuffonary 45912 Posts user info edit post |
I'd shoot'em 7/31/2008 8:18:54 AM |
marko Tom Joad 72828 Posts user info edit post |
i shot the sheriff
a smile 7/31/2008 8:21:43 AM |
ScHpEnXeL Suspended 32613 Posts user info edit post |
haha
my boss was telling me about this crazy party his frat had back in his day in Detroit..police showed up and the band started singing "i shot the sheriff but i did not give a fuck"
..they called the riot squad
[Edited on July 31, 2008 at 8:25 AM. Reason : asdf] 7/31/2008 8:25:17 AM |
AndyMac All American 31922 Posts user info edit post |
Quote : | "you have a gun in your hand, a man has just broken into your home and is standing in your living room. what would you do?" |
1) Point the gun at the dude
2) tell him to get down on the ground
3) tie him up
4) call the cops7/31/2008 8:35:19 AM |
sumfoo1 soup du hier 41043 Posts user info edit post |
I get angry when people try to steal from me so i know the instinctive reaction would be rage driven not fear... I've had an attempted robbery while i was on a run and the guy ran from me eventually. 7/31/2008 8:36:25 AM |
theDuke866 All American 52829 Posts user info edit post |
^^ i wouldn't try to tie him up...i'd make him lay on flat on the ground, palms up, ankles crossed, head turned away from me...then i'd back up far enough that I could shoot him several times before he reached me, and I'd call the cops. 7/31/2008 8:41:51 AM |
ComputerGuy (IN)Sensitive 5052 Posts user info edit post |
I will shoot to defend and protect. 7/31/2008 8:48:13 AM |
ComputerGuy (IN)Sensitive 5052 Posts user info edit post |
Quote : | "i am a liberal democrat and am in no way a redneck gun loving freak. but I do own one, and i own it specifically for home protection. and i will use it to protect my home " |
almost every democrat in office, was tighter control of firearms if not them out of the hands for people to not to be able to do what you love. Not picking a fight...but please keep in mind I think what you said is great! Let's just protect the right for everyone, not just some.7/31/2008 8:51:04 AM |
sparky Garage Mod 12301 Posts user info edit post |
Quote : | "let me put it this way, if he can get past the dog then he is a bad motherfucker. i would have no choice but to split his wig" |
truer words have never been uttered7/31/2008 8:59:29 AM |
JK All American 6839 Posts user info edit post |
could I? sure
would I? probably not. 7/31/2008 9:01:00 AM |
wdprice3 BinaryBuffonary 45912 Posts user info edit post |
Quote : | "almost every democrat in office, was tighter control of firearms if not them out of the hands for people to not to be able to do what you love. Not picking a fight...but please keep in mind I think what you said is great! Let's just protect the right for everyone, not just some." |
que?7/31/2008 9:01:52 AM |
djeternal Bee Hugger 62661 Posts user info edit post |
Quote : | "almost every democrat in office, was tighter control of firearms if not them out of the hands for people to not to be able to do what you love. Not picking a fight...but please keep in mind I think what you said is great! Let's just protect the right for everyone, not just some." |
you don't have to be anti-gun to be a democrat. and I do agree that tightening up gun control laws is probably a good idea, however I am not sure how much good it will do. the vast majority of gun related violent crimes are carried out with guns that were obtained illegally anyway.7/31/2008 9:08:58 AM |
Hurley Suspended 7284 Posts user info edit post |
my CCP instructor taught "shoot to neutralize the situation." Now whether or not that involves firing a double tap or emptying a clip is completely situational.
Quote : | "But I thought NC law states that you cannot shoot somebody just because they're in your home. You can shoot them if they're actively trying to break in, but once they're in the house, you have to establish visual confirmation that they're trying to kill you. You also cannot shoot them just for committing theft; if somebody's stealing your plasma tv and you kill them, you're still going to jail for murder. Lethal force in defense of property in NC is not recognized, only lethal force in defense of one's life." |
I'm with umbrellaman on this one.
so i just read Duke's thread back up this page - right on brother.
[Edited on July 31, 2008 at 9:27 AM. Reason : word]7/31/2008 9:24:01 AM |
ImYoPusha All American 6249 Posts user info edit post |
id put him in a cross face arm bar or something bad ass like that. 7/31/2008 10:00:01 AM |