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Took CCW class yesterday

2K views 18 replies 12 participants last post by  wholberg 
#1 ·
The only part of the class (not really the class, but 1 of the NC laws) that I have a problem with was about home defense. NC state law (G.S. 14-51.1) says I can shoot through the door or window if someone is attempting to B/E. But once they're inside my residence, I can't shoot the BG UNLESS " the intruder is threatening death, serious injury or sexual assault". I may be wrong (lord knows, I have been wrong before..lol), but my thinking is, if the BG is in my house, he/she is not there to shake my hand and say "Howdy". When I was a LEO in early 80's, the rule was don't shoot them outside, but wait until they crossed the threshold of the residence. Is it just me having a problem with this? Thanks Y'all for a great forum.

Eric
 
#2 ·
I was told the same thing in my class here in Connecticut. I haven't researched the laws myself, but I think the reason for such a law is that if there is banging on the door, you don't know what the threat level is, there could be several of them, who knows. But once they're in, you have to reassess the threat.

Whether it makes complete sense or not, if that's the law... Lord knows not all laws on the books make sense.
 
#5 ·
don't expect these laws to make sense, especially if your state doesn't support castle doctrine (neither NC nor CT do). it's unfortunate, but somewhere along your state's history, your citizenry allowed it to be taken over by liberals that wish to turn victims into criminals.
 
#8 ·
Told my wife to shoot first, and we will worry about the details later. (she will be sure of her target first)I would rather go completely broke and have her alive, then have to be a pall bearer for her funeral.

Castle doctrine would be so much better, but the current movement in NC is to limit where you can carry/use force for self defense... not the other way around...

Seems like every time a state becomes more gun friendly, NC tries to pass stricter laws...
 
#11 ·
Questionable law...

I also live in NC, and wonder just what the reasoning behind this one is.
I was on an Ad-Hoc comittee studying and recommending changes to some existing trade related state rules and regulations when I lived in Va. The comittee was large and very bureaucratic and it literally took months to argue out a decent set of revised regs. These regs haden't been revised since the early 1900's, and some even earlier. You wouldn't believe some of the rediculous things some of the committee came up with. If it wasn't for the fact that I was the chairman and experienced in the field, along with a few others, we would have had many inappropriate new rules and regs.

I can only assume some similar method is used here in NC - but I really wonder how in the world anyone (or a comittee) could think someone on the outside of my door is more of a threat than on the inside is way beyond my reasoning, unless they are firing through it, or breaking it in with an axe, then of course the reasonable person would shoot.

I certainly wouldn't shoot someone banging on my door that I couldn't see. Could be a neighbor in some kind of trouble, or a family member that lost their key.

Regardless of what the law is, if such a thing happened at our door in the middle of the night, I would first arm myself, then dial 911, then demand whoever it is to identify and say the police are on the way(this done away from the door). No words from the outside? safety off, gun pointed low at the door. Continue to try to get them to speak (an injured neighbor might not be able to). Here's where a motion sensor outside light would be great, as porch light switches are usually beside the door. If he shoots out the light I might go with the NC law and fire through the door, as I then KNOW what the intent is. Otherwise, I would probably wait until I'm sure it is a B&E instead of someone in distress. If they break in before I can get there, they will be shot first and asked questions later.

We live in a semi-rural area, most of the neighbors have firearms, and don't come banging on someone's door without identifying themselves.

May your home always be your peaceful refuge, where loving words and happy times abound.

Jim
 
#13 ·
Still, it is better here than in some states. When I lived in WV ('90's), it was a "must retreat" state, meaning that if you shot the BG while you were standing at the bottom of the stairs, you could be charged because you still had the upstairs to retreat to. Fortunately, I never heard of anyone actually being charged as such.

Ironically, when I lived in CA ('80's), it was NOT a must retreat state, and if someone threatened you with deadly force, you were legally justified in shooting them. In actual practice, however, if this happened (esp. in San Jose) the DA charged you with manslaughter due to "accidental" discharge of a firearm, dragged the process through for about $20K in legal fees to the shooter, then dropped the charges. I think that this type of persecution was instrumental in the popularity of DAO automatics.

As for NC, if faced with a BG in my house and I aim a firearm at him, I will happily not shoot if he runs, freezes or lies down and waits for the police. A covert movement, and moving towards my family or me must be considered a deadly threat, because a sane person does not attack a person with a gun, right? And, he will not live to tell his side of the story, anyway.

We have been lucky to have a pro-gun Governor for the last two terms. With a democratically-controlled state legislature and a new Governor to be elected in '08, however, it makes me nervous.
 
#15 ·
...When I lived in WV ('90's), it was a "must retreat" state, meaning that if you shot the BG while you were standing at the bottom of the stairs, you could be charged because you still had the upstairs to retreat to...

You mean if you said you tripped while you were trying to go up the stairs while attempting to "retreat", and when you turned around the BG was 10 feet closer than before, closing fast and screaming some unintelligable rant, they'd still arrest ya?

That's my story, and I'm stickin to it.
 
#17 ·
welcome to the forum, metal...I'm in Alamance. The SD just started accepting applications 8-5, 5 days a week. Up til about 2 months ago....It was Tue/Thurs 8:30-11:30 and 1:30-4:30
 
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