Carrying in Virginia and N.C. - Page 2

Carrying in Virginia and N.C.

This is a discussion on Carrying in Virginia and N.C. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; VA doesn't have The Castle Doctrine, we have Common Law which is better....

Page 2 of 2 FirstFirst 12
Results 16 to 23 of 23
Like Tree5Likes

Thread: Carrying in Virginia and N.C.

  1. #16
    Member Array Roy McC's Avatar
    Join Date
    Jan 2009
    Location
    S. W. Virginia
    Posts
    359
    VA doesn't have The Castle Doctrine, we have Common Law which is better.
    "The Constitution is not an instrument for the government to restrain the people; it is an instrument for the people to restrain the government".
    Patrick Henry


  2. #17
    Ex Member Array barstoolguru's Avatar
    Join Date
    Nov 2011
    Location
    under a rock in area 51
    Posts
    2,548
    I am kind of lost here... how is someone on this or any other site suppose to tell you haw cops feel about someone carrying a gun. You are asking people to make a judgment call on people they don't know.

    Cops are there to enforce the law; I don't think the vast majority of them see CCer's as bad guys unless you are breaking the law

  3. #18
    Member Array anj4657's Avatar
    Join Date
    Apr 2010
    Location
    ...
    Posts
    46
    As a LEO in va I am usually thankful when some1 informs me that they are CC. it just depends on how you tell me. Its never a good idea to crack your window and yell "I have a gun!" or try to quickly unload it while I am walking up to the car. if you keep both your gun and registration in your glove box please tell us first before opening and reaching in!! I know most on this forum are smarter than this, but it actually does happen often and is likely why some officers are nervous around concealed firearms. Suffolk Officers that I have encountered have been very polite and professional.

  4. #19
    Member Array NRAInstrctor's Avatar
    Join Date
    May 2011
    Location
    Va
    Posts
    54
    Quote Originally Posted by Black Knight View Post
    There is no duty to retreat here. If you are some place where you have a legal right to be and need to, you are allowed to defend yourself where ever you are.
    Correct. You do not have to retreat in Va. You may use all levels of force, up to and including deadly force to protect your life or the life of another innocent person. You must be somewhere that you are legally allowed to be, and not be the person who caused the initial problem.

  5. #20
    VIP Member Array BugDude's Avatar
    Join Date
    Nov 2009
    Location
    Gulf Coast of Florida
    Posts
    9,373
    Based on case law, the use of lethal force in VA is a last resort, no other choice situation. If you had the opportunity to retreat and you chose not to, you wil face a difficult legal battle. Not to say impossible, but according to the local DA that sent me case law, there are several criteria that they look for in a justified lethal force defense situation:

    1) you did not contribute to or escalate the situation
    2) you expressed your desire for peace
    3) you retreated as far as reasonably possible
    4) the level of force was commensurate to the level of threat

    Each situation will dictate what was reasonable and what level of force is commensurate to the level of threat. The bottom line as I was told is that you have to have had no other choice. This could have changed in the last 2 years since I received that e-mail from our local DA. It may or may not be codified law such as "duty to retreat" or "stand your ground", but this is essentially what the prosecuting attorney is going to try to determine in a situation. Back in the day, NC has some strange laws (which may have change now too). When I defended myself from 2 drunk ome invaders at the age of 15, I was told by police that if I had shot them while in the process of entering than I was ok, but once all the way inside the criteria was somewhat different. Made no sense to me, I was just glad I wasn't riding in the back of a police car. The problem is the laws and subtle nuances of the laws change way too often.
    Know Guns, Know Safety, Know Peace.
    No Guns, No Safety, No Peace.


    Guns are like sex and air...its no big deal until YOU can't get any.

  6. #21
    Senior Member Array Landric's Avatar
    Join Date
    Oct 2008
    Location
    Kansas City Metro
    Posts
    807
    I am a LEO in North Carolina and was previously an LEO in Virginia for ten years. I'm from NC and eventually decided to move back here. Generally speaking cops in both states have no problems with CHP holders or legal CCW in general. There are always a few exceptions of course. I'm not that far from Durham, and Durham PD has kind of a bad rep when it comes to dealing with CHP holders, but even there I suspect that it is a small minority of officers causing the rep (they are just a bigger small minority than the small minority at most departments). Since NC started recognizing all other state permits in December at least now no one has to worry about remembering which states' permits are good in NC. However, the law is still so new that some LEOs might not know about it yet. I expect it will be covered in our in-service training this year, but that doesn't happen at my department until October.

    Quote Originally Posted by BugDude View Post
    Back in the day, NC has some strange laws (which may have change now too). When I defended myself from 2 drunk ome invaders at the age of 15, I was told by police that if I had shot them while in the process of entering than I was ok, but once all the way inside the criteria was somewhat different. Made no sense to me, I was just glad I wasn't riding in the back of a police car. The problem is the laws and subtle nuances of the laws change way too often.
    Up until December 2011 this was still true. Basically, the law expressly said you could use deadly force to prevent a forcible entry into your home, but once entry was made the statute was mute. Therefore, we had to rely on common law at that point which basically requires that the person present an imminent threat of death or great bodily harm. In December 2011 our (very broad and well written) Castle Doctrine law went into effect. Now one can use deadly force inside as well (and also in one's business or vehicle) unless the person the force is used against is clearly not presenting a threat (like lying face down on the floor or running away). NC gun laws in general got a lot better in Dec. 2011. Now we just need to get restaurant carry passed and a couple of other tweaks and we might be as good as Virginia.
    -Landric

    "The Engine could still smile...it seemed to scare them" -Felix

  7. #22
    Senior Member Array royal barnes's Avatar
    Join Date
    Jul 2010
    Location
    Wendell, N.C.
    Posts
    584
    Quote Originally Posted by Richard58 View Post
    For the most part most places that you will go to that might not be gun friendly is big metro cities in NC. Such as Raleigh, Charlotte, Durham, Winston-Salem, and Greensboro. Those cities have some crime cesspool areas so they are a might more defensive and wary of all people because of that. Nature of the beast.....
    I'm a retired Raleigh officer and our crime "cesspool" areas are no different than any other city or town anywhere except they're bigger. Our officers are gun friendly and as long as someone is following the law there will be no problems. Just stay out of the cesspools. Unless you have experience to the contrary in Raleigh please don't lump us in with everyone else.

  8. #23
    Member Array pangloss9's Avatar
    Join Date
    Apr 2009
    Location
    Nashville, TN
    Posts
    254
    I moved from NC a couple of years ago, but when I left, it was illegal to carry in any place that charged admission (sporting events, movies, concerts, etc). (My apologies if this was mentioned earlier. I didn't read the entire thread.)

    Edit: I lived in Winston-Salem, and I didn't think it was a cess pool of crime. However, I lived in Birmingham before, so maybe I just have a high crime tolerance. At least I was never assaulted in W-S.

Page 2 of 2 FirstFirst 12

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Search tags for this page

can i use my concealed carry from virginia in nc
,
carrying a concealed weapon from virginia to north carolina
,
ccw for leo in nc
,
concealed carry permit suffolk va
,
concealed carry va forum
,
concealed carry virginia forum
,
concealed permit in nc carry in va
,
n.c. concealed carry laws
,

nc defensive carry

,

va concealed carry forum

,
virginia conceal carry forums
,

virginia concealed carry forum

Click on a term to search for related topics.

» Log in

User Name:

Password:

Not a member yet?
Register Now!

» DefensiveCarry Sponsors