Took my N.C. CCW class today

Weird laws. N.C. is more gun friendly than I originally thought, but still, some of the laws don't make any sense. Regarding when it's legal to use deadly force for instance. There's pretty much one rule. You can use deadly force if you are under an immediate threat of death, serious bodily injury, or sexual assault. Everything else is a variation of that theme.

Somebody threatens you, you can't shoot 'em...unless (see the pretty much one rule)

Somebody's in your house with a Jason mask on, you can't shoot 'em...unless (see the pretty much one rule)

A clown climbs into your back yard and is anally raping your dog, you can't shoot 'em...unless (see the pretty much one rule)

Eight hours of that shit.

There is only one time that the pretty much one rule doesn't apply. That is if someone is in the PROCESS of breaking into your home. If you catch them WHILE they're breaking in, you can shoot them whether they're armed or not. No questions asked as far as I can tell. Once they GET IN, however...you can't shoot 'em...unless (see the pretty much one rule)

Doesn't make much sense.

Wow that is weird.

Except for the threat part. A threat is not justification for using deadly force. There has to be an action to go along with the threat.

Doesn't strike me as being strange. You catch a bad guy in your house you can shoot'im.

That's the actual law? Doesn't sound confusing at all.

In Colorado you have to first yell "HE'S COMING RIGHT FOR US!"

Not IN your house.

I don't think you understand it.

"forcible entry into the home or residence or to terminate the intruder's unlawful entry"

What this line says is that you can terminate a forcible entry as it happens or after the intruder is already in your house.

The word "or" is the important part of the sentence. The sentence is not going to tell you that you can stop someone as they are trying to break in to your house twice. That would make no sense to say, "you can shoot them as they break into your house OR you can shoot them as they break into your house."

The second part of the sentence, "terminate the intruder's unlawful entry" means that the intruder is already in your house.

If I break into your house and I'm standing in your living room you can terminate my unlawful entry. Unlawful entry doesn't mean I'm actively breaking into your house. It means I'm already inside of it. This is why the law says you can stop a forcible entry (I'm trying to get in) OR you can stop a unlawful entry (I'm already inside).

This part of the law also covers you: "(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."

Someone breaks into your home while you are there you can reasonably apprehend that the intruder means to commit a felony and/or kill or inflict serious bodily harm to you or others in the home. You can use force up to and including deadly force to stop them.

Whoever taught you that once a intruder makes it inside your house you can't shoot them is wrong. You should complain.

Also the law says you don't have to retreat: " (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."

Would be a very stupid law to tell you that you can't shoot someone inside your house but you also don't have to retreat. Such a law might as well say bend over and let the intruder fuck you up the ass.

Just remember when someone breaks into your home and is inside while you're inside this part of the law covers you: "(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.""

"He was in my home and he moved towards me (or moved his hand towards the inside of his jacket as if reaching for a weapon). In fear for my life and my family's life I shot him in self defense."

Just try not to shoot him in the back. (unless he has a weapon you can see then shoot no matter what)

"Hey fucker" And when he turns around then shoot.

Did your instructor demonstrate how awesome the Taurus Judge is, too?

Nope. This was discussed over and over again because it seems so bass ackwards. In North Carolina, if someone has broken into your home, you cannot use deadly force unless they are an immediate threat of death, or serious bodily injury. Up until that point, they're trespassing, and you cannot use deadly force against trespassers. That's currently the law in this state.

That's going to change in December to more what you're talking about (which, btw is the way the Castle Doctrin works in Tennessee). The new Castle Doctrin law has passed th House and Senat, but it hasn't been signed yet.

Again, no. That passage is referring to while the perp is in the process of breaking into your house. Not once they've already gotten in. In other words, if they're breaking in, you can shoot them. If they've already broken in, you can't without them being a deadly threat.

From the North Carolina Justice Academy Concealed Carry Handgun Training handbook...

"North Carolina law does not allow deadly force against an intruder after the illegal entry has been completed unless the intruder is imminently threatening death, serious injury, or sexual assault. Deadly force to prevent entry does not automatically allow deadly force against anyone unlawfully inside a home. A deadly threat is still required."

BTW, here's my target from the practical.

The two fliers were shot "from the hip" at one yard "Collateral" style.

[YT="Bambambam"]jmKR6evZRQQ[/YT]

Again:

""(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.""

You don't go by what some handbook says. You go by the actual law.

The law in this case is on your side if someone breaks in. The key is to make the case that you had reasonable belief that the intruder meant you harm. I would say anyone who breaks in knowing you're home intends to do you harm.

"He broke in, I warned him, he said he was going to take my gun and kill me and rape my wife. In fear for my life and my wifes life I shot him in self defense."

You're covered.

For like the third time, that part of the law ONLY applies to when the perp is in the process of breaking in. Not after he's already broken in.

From ncsheriffs.org

Again you bring up a FAQ from the state but even that FAQ clears you because as a home owner you would be reasonable to believe that a person who is in your home illegally while you are home is there to harm you.

Not sure why you can't get that concept. Especially since the FAQ you provided says it.

Why don't you find cases where a intruder was in the home and got shot and the homeowner got charged. I'd be surprised if you could fond any that didn't involve the perp running away when he got shot.

No. It. Would. Not.

Not in North Carolina. It WILL be in December when the new law passes, because that's exactly what the new law addresses. But as it is now, you are wrong.

According to your interperatation (which, btw, runs counter to that of the state organization that trains NC LEOS), what difference would it make if they were running away, as long as they were still in the house?

Regardless of the law, always do what seems prudent. If you hesitate, wondering whether a threat meets some legal standard for defensive action, you may wind up dead. If you feel threatened, fire.

Remember: better to tried by 12 than carried by 6.

Agreed but some people are so scared of the law they would pee their pants when faced with an intruder. Don't know who they are but they're out there......

ISWYDT.

I said in the very first post that the law doesn't make sense. And my default position is to err on the side of not ending up in a box anyway, confusing laws be damned.

On the other hand, if I were to walk in on an intruder walking to the door with my t.v. in his arms, I'm not going to just shoot him for no other reason. That's what I pay homeowner's insurance for.

"Well, your Honor, he had broken into my house and I found him in the living room. I warned him I was armed but he came at me. I tried to back away but tripped over the cat and the gun went off. By sheer chance the bullet hit him right in the bridge of the nose and blew the back of his thieving head off."

Actually, that might not fly. They talked about a case where a woman claimed, "I wasn't aiming for him. I was aiming for my t.v. It just so happened that he was holding it at the time."

I find that highly amusing, but the courts, apparently, did not.

By law it can't take more than 90 days, but it's up to your County Sheriff as to how close he comes to that limit. I don't know what the average is in my County.

yeah but in that case shes shooting over property. Which is illegal as it is in Florida.

This is why you've got to shoot before he gets his hands on the TV. I'll be damned if I'm going to waste time with homeowners insurance.

In Florida: 7-10 days.

Got mine in 6.

In TN, it's also the "no more than 90 days" rule. It took mine 90 days +2. I guess I just look like I'm up to no good.

perhaps they saw your picture and recognized you from your meme, shoes

Not anymore. I got mine in a couple of weeks. Not bad at all.

Oh God it is me.