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....
May 13th, 2012 10:54 PM
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".
May 13th, 2012 11:56 PM
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
May 14th, 2012 12:12 AM
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.
May 14th, 2012 11:49 PM
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.
Originally Posted by Black Knight
May 15th, 2012 12:34 AM
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.
May 17th, 2012 09:11 AM
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.
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.
Originally Posted by BugDude
"The Engine could still smile...it seemed to scare them" -Felix
May 17th, 2012 07:06 PM
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.
Originally Posted by Richard58
May 18th, 2012 11:51 PM
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.
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