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 Message Boards » » Home Break in Law NC Page [1]  
BlackJesus
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When is it ok to blow a intruders brains out?

1/4/2012 10:20:59 AM

IMStoned420
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Quote :
"When is it ok to blow a intruder"

Is it bad that I saw this?

1/4/2012 10:21:46 AM

BlackJesus
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you sir have a sick mind

1/4/2012 10:22:58 AM

wdprice3
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While the law may allow some leeway, it's best to use deadly force when you feel your life is in danger or that you may be the victim of serious injury or sexual assault.

Intruder just standing there/stealing my TV = draw firearm and wait/hold him
Intruder with a weapon = draw and shoot
Intruder in act of illegally entering = draw and shoot

1/4/2012 10:25:41 AM

Beethoven86
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New castle doctrine in NC now states you have the right to assume an intruder means you harm.

1/4/2012 10:32:02 AM

wdprice3
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Right, however, I don't think most people will/should just assume and fire. While yes, people should be protected from prosecution for defending themselves in such cases, I still believe most people will follow the situations I listed above.

1/4/2012 10:34:09 AM

Beethoven86
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Oh, I definitely agree with that. If you own a firearm, you shouldn't go willy nilly if you can avoid it.

1/4/2012 10:34:50 AM

Str8BacardiL
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One time when I was shitfaced I wandered in to the house next door on accident.

1/4/2012 10:55:18 AM

wdprice3
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Sounds like a you problem.

1/4/2012 10:55:52 AM

dswillia
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blow a intruders =/= blow an intruder's

also



Quote :
"ยง 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.)"


http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-51.1.html

[Edited on January 4, 2012 at 11:10 AM. Reason : source]

1/4/2012 11:09:54 AM

Beethoven86
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Don't forget the amendments, which added a BUNCH of new stuff:
http://www.ncleg.net/Sessions/2011/Bills/House/PDF/H650v6.pdf

Specifically:
Quote :
"The lawful occupant of a home, motor vehicle, or workplace is presumed to have held a reasonable fear of imminent death or serious bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or serious bodily harm to another if both of the following apply:

(1) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a home, motor vehicle, or workplace, or if that person had removed or was attempting to remove another against that person's will from the home, motor vehicle, or workplace.

(2) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred."


[Edited on January 4, 2012 at 11:14 AM. Reason : ]

1/4/2012 11:12:45 AM

Smath74
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whenever someone knocks on my door i shoot through the door.

1/4/2012 11:45:32 AM

crazy_carl
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*an intruder's

your grammar hurts my eyes

1/4/2012 12:39:58 PM

djeternal
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Quote :
"if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence."


If they are breaking in, aren't they already committing a felony?

1/4/2012 12:46:03 PM

Beethoven86
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Just breaking and entering is a misdemeanor. However, if you commit larceny or some other felony inside, then that raises the level to a felony. Burglary is B&E a dwelling house, at night, with the intent to commit a felony therein. So, you've got all kinds of levels there.

So, if you just broke into a house to look around, misdemeanor. If you break in to steal a 60" TV, felony.

1/4/2012 12:50:21 PM

Dr Pepper
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^^yes, hence the part about

Quote :
"Intruder in act of illegally entering = draw and shoot
"


Quote :
" (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.
"


[Edited on January 4, 2012 at 12:51 PM. Reason : BEAT ME]

1/4/2012 12:50:56 PM

BlackJesus
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crazy_carl close you eyes boi

1/4/2012 1:16:40 PM

Smath74
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any home intruder deserves to be shot.

1/4/2012 1:43:53 PM

ClassicMixup
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The pres of a company I used to work for shot an intruder as they were breaking into his home. Shot the intruder in the chest as he busted the door open. Intruder fell backwards and survived. Sued him and won because he had not yet stepped over the threshold. The judge awarded him +50k

1/4/2012 2:12:07 PM

wdprice3
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bullshit

1/4/2012 2:13:03 PM

Beethoven86
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I'm calling BS on that one too. I've read similar cases in law school, and they all ended poorly for the intruder.

[Edited on January 4, 2012 at 2:20 PM. Reason : ]

1/4/2012 2:20:10 PM

AndyMac
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Sounds like a story your boss made up to tell over dinner or at the office party.

1/4/2012 2:20:58 PM

Slave Famous
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Several years ago a friend of mine had a burglar on her roof. A burglar. He fell through the kitchen skylight, landed on a cutting board, on a butcher's knife, cutting his leg. The burglar sued my friend. He sued my friend and because of guys like you, he won. My friend had to pay the burglar $6,000.

1/4/2012 2:22:43 PM

aaronburro
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that's not classic Slave Famous material. The old slave would have had the burglar getting impaled on a dildo or something

1/4/2012 2:23:54 PM

Slave Famous
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Relax. I still have my fastball. Thats just a quote from Liar, Liar.

1/4/2012 2:27:23 PM

sawahash
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Castle Law

1/4/2012 11:03:17 PM

BridgetSPK
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I've conversed with a couple criminals, and they seemed to understand the severity of home invasion as a crime. So it kinda sucks...if somebody breaks into your home when you're there, they're probably an idiot/kid, a very desperate person (like tryna raid your fridge/purse), or completely confused/mistaken as to the residence and their right to be in it.

But there's a slim chance they are a dangerous/violent individual who means you harm...so shoot to kill or whatever.

[Edited on January 4, 2012 at 11:45 PM. Reason : ]

1/4/2012 11:43:03 PM

theDuke866
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WASTE THE MOTHA FUCKAS

1/5/2012 1:20:46 AM

Callaway
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1/5/2012 5:56:09 AM

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