North Carolinans looking after each other.

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Thread: North Carolinans looking after each other.

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    Aceoky likes this.
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    VIP Member Array NC Bullseye's Avatar
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    This will be interesting. NC statutes don't provide for deadly force to protect property and the house being broke into was not the residence of the persons holding the gun on the burglar.

    While it's a win in the protecting a neighbors property it could be an assault with a deadly weapon charge for the person who intervened armed.
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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by NC Bullseye View Post
    This will be interesting. NC statutes don't provide for deadly force to protect property ...
    And yet, in the article, the claim by the citizen is that the force was used specifically to halt manifest violent attack by the intruder:

    Quote Originally Posted by From the article
    "They took a step toward me. The guys did so I pulled my gun and told him, 'Freeze don't move,' Adair said.
    I'm assuming even NC statutes support the right of a person to halt an impending violent assault in its tracks with reasonable force (even threat, not actual use, of deadly force).


    * Not familiar with NC use-of-force statutes.
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    VIP Member Array NC Bullseye's Avatar
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    Quote Originally Posted by ccw9mm View Post
    And yet, in the article, the claim by the citizen is that the force was used specifically to halt manifest violent attack by the intruder:



    I'm assuming even NC statutes support the right of a person to halt an impending violent assault in its tracks with reasonable force (even threat, not actual use, of deadly force).


    * Not familiar with NC use-of-force statutes.
    Stepping toward a person is not normally considered to be a threat of deadly force or serious bodily harm so that would be a very weak defense for responding with a deadly weapon.

    The act of stepping toward a person could be the simple reaction of not understanding what was said and coming closer to hear better.

    One would have to be able to convince a jury that the act of stepping toward someone instilled the fear of death or serious bodily harm.

    Keep in mind, this is all based on the totality of information given from the news sources which we ALL know give such accurate and unbiased details.

    Just on the info provided, there doesn't appear to be a suitable threat to respond with deadly force.

    Just as an example, hypothetically say you went to help move some furniture into storage for a friend that was out of country and while at their house you went to place some items in your truck and a person came up and spoke (probably in a commanding tone) to you. When you didn't clearly hear what they said and stepped closer to speak to them they drew a weapon.

    New spin now of having someone who was at the property at the owners request and was assaulted with deadly force. Who would have the right to the use of deadly force then?
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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by NC Bullseye View Post
    Stepping toward a person is not normally considered to be a threat of deadly force or serious bodily harm so that would be a very weak defense for responding with a deadly weapon.
    Criminal entry, told to stop/cease, but at that moment comes at innocents threateningly? Easy to show how that was manifestly not the Avon Lady with "Avon" intentions. Though, as you suggest, state law can be picky on such things. Depends on the statutes, DA, police and how much they back the citizens in supposed "close calls" like this. Clearly, the person criminally violated that space, and (if the claims are to be believed) manifestly exhibited intent to physically violate an innocent when found out.


    And, it wasn't actual employment of deadly force. It was merely showing the means and willingness to bring such force to bear. Depends on the statutes as to whether there's a distinction made in the law. In many states, the distinction is clearly spelled out, that preparing for use of force is not the same thing as actual use of force.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, GOA, OFF, ACLDN.

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