NC Homeowner shoots, kills burglar - Page 4
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Thread: NC Homeowner shoots, kills burglar

  1. #31
    Join Date
    Aug 2008
    Location
    Wesley Chapel NC
    Posts
    270

    NC "castle doctrine"

    NC doesn't have the castle doctrine per-se, but here is how the law is written in reference to defending your home: (I couldn't find an update on this particular case, but he should be OK with even a half-***** lawyer. As far as the homeowner was concerned the car was a neighbor's and the wind blew the door open... right???)

    § 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.)

    *** NC castle doctrine passed the house in 2007 but died in the senate judiciary committee***

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  3. #32
    The Castle Doctrin Senate bill928 is being held hostage by Rep Debra Ross of the state judicial committee. She is not interested in anyone opinion but her own. If you want to do anything contact the other members of the Judiciay committee (NC state leg website) and call them not Debra, she doesnt care!

  4. #33
    If you or your family are attacked in your own home and you defend yourself, you could be sued by the person who attacked you or by their family! Unbelievable!

    North Carolina Senate Bill 928 would shield you and your family from vicious lawsuits should you chose to protect yourself rather than allowing an attacker to harm you or your family. This bill was widely accepted by our legislature and referred to committee prior to final approval. Representative Deborah Ross, a trial lawyer and chairperson of the Judiciary Committee, has refused to let this bill out of her committee. It has been held hostage there since May 2009.

    Click here to read The Castle Doctrine for yourself, and make up your own mind whether you support this bill or not.

    If you do want protection from lawyers so you can protect yourself and your family from criminals, please DO NOT call Deborah Ross at 919-733-5773 or e-mail her at [email protected].
    SHE DOES NOT CARE what her constituents think and has heard from most of you already. This is a personal agenda for her and as such she is unapproachable. However her committee may be.
    PLEASE CONTACT THEM…………………..

    Tell them their committee chairperson is wrong and by association they are viewed as wrong although they may actually be very nice people! (Drive a wedge between them!)

    Vice Chairs of this committee include:
    Melanie Goodwin
    919-733-5823
    [email protected]
    Melanie is from Hamlet, NC. Please forward this to anyone you may know in that area.

    Grier Martin
    919-733-5758
    [email protected]
    Grier is from Wake County

    Paul Stam
    919-733-2962
    [email protected]
    Paul is from Apex, NC

  5. #34
    WHAT WAS THIS GUY TO DO BESIDES CALL THE POLICE? What could he do if the guy came running out of the house with valuables, maybe family heirlooms, and the cops hadn't arrived yet? Was the homeowner supposed to just let the thief get in his car and drive off. There is no assurance that the police will recover the valuables, or even catch the thief.

    The thinking here, of the law, is that "stuff" can be replaced..a life can't. Well, heirlooms might not be able to be replaced, or even recovered. It might be the law that you can't use deadly force in that case, but it sure isn't right, in my opinion.

    That house, and it's contents, should be able to be protected...by the owner OR a neighbor...like in neighborhood watch. If thieves now that they can't get shot during a home invasion, if they get caught in the act, what kind of message does that send to the criminal community? Hey, I can't get shot, and my chances of getting away before the police get there are pretty good too. It's a win-win situation for the criminals. Everybody wants to stop crime, but when someone takes action against a criminal, they face prosecution. I don't think that's the way to get a handle on crime.

    Look, I don't want to kill anybody, but there needs to also be at least ONE place on this earth that you should have the absolute assurance that there is safety...and that is your HOME! The police do great work, but they can't be everywhere at every time they are needed.

  6. #35
    This is EXACTLY why we need the castle doc law Senate bill 928 that is singlehandedly held hostage in the NC state house judiciary committee by the Chairperson, Dbra Ross With whom I have met and who DOES NOT CARE about the public. If you want to do something donate to the reelection of Sen Berger who sponsored the bill and call other state legislators and get the to get Debra Ross off the committe so we can set this bill free!

  7. #36
    Join Date
    Mar 2009
    Location
    Dirty Durham, NC
    Posts
    19
    Thanks for the Info Robert. I will be sending emails and making phone calls. Been wondering about the hold up on this, I was aware they were making progress a while back and then nothing.. Maybe with elections around the corner they and her will want to listen now?

  8. #37
    Join Date
    Apr 2010
    Location
    South Central N.Car.
    Posts
    534
    Not advocating anything illegal but if someone comes on me in my home they would certainly have had a kitchen knife to threaten me with. That way there is no doubt as to the danger to your life. If you ever do have to use deadly force be sure to remember these words "I WAS IN FEAR FOR MY LIFE". Do not say that you were angry or mad. Best thing is to wait for your attorney to advise you. Perp's families will sue you even if the DA tosses the case.

  9. #38
    "Perp's families will sue you even if the DA tosses the case."

    XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX B N M

    Not in S.C. The law states that there can be no civil action taken against you.

  10. #39
    Quote Originally Posted by Red Hat View Post
    That depends on your state and how the Castle Doctrine was written. In SC we can use deadly force in the defense of Life and Property.
    Red Hat, I got a different answer than that from the local police, who checked with the City Attorney also. In the home, there is no problem. But my question was : " Can i shoot someone who is breaking into my car in the driveway, when I hear the noise from within my house, and I come out to confront the thief?"

    This is a pretty common occurrence in a lot of places. Car break-ins happen all the time.

    The answer I got was a DEFINITE "NO!" In this situation, my life was not in danger and I do not have legal authority to use deadly force. Once again, this is consistent with the stance that "stuff" can be replaced, a life can't.

  11. #40
    Debra Ross may need to be recalled and removed from office if this bill is to ever move forward. No one is running against her. There is a small group starting a recall vote but I have little details on that.

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