Defensive Carry banner

1 - 15 of 15 Posts

·
Registered
Joined
·
7 Posts
Discussion Starter · #1 ·
I am trying to find a link to the NC deadly force laws. I used to have one but lost it :( I also heard that NC has a law stating that you can't be sued if the shoot is deemed legal? I am trying to find that law also. Any help would be apreciated.
 

·
Registered
Joined
·
356 Posts
I am trying to find a link to the NC deadly force laws. I used to have one but lost it :( I also heard that NC has a law stating that you can't be sued if the shoot is deemed legal? I am trying to find that law also. Any help would be apreciated.
Handgunlaw.us
 

·
Registered
Joined
·
145 Posts

·
Registered
Joined
·
37 Posts
No in North Carolina we do not have a castle doctrine
so even if the shoot were deemed legal the perps family can still sue you in civil court...............
That was in the first video in your concealed weapons class and I believe it was on the test also.
 

·
Registered
Joined
·
7 Posts
Discussion Starter · #6 ·
No in North Carolina we do not have a castle doctrine
so even if the shoot were deemed legal the perps family can still sue you in civil court...............
That was in the first video in your concealed weapons class and I believe it was on the test also.
That is what I thought and why I wanted to check. I was reading a wral blog and didn't think it was right. Thanks for the help all.
 

·
Registered
Joined
·
319 Posts
No in North Carolina we do not have a castle doctrine
so even if the shoot were deemed legal the perps family can still sue you in civil court...............
That was in the first video in your concealed weapons class and I believe it was on the test also.
Bigg daddy is 90% correct, although there is no castle doctrine there are laws to protect you in your house depending on the circumstances... and yes that should of talked about that during your CWP class... OK he was 95% correct
 

·
Registered
Joined
·
3,472 Posts
Did you get a red book when you took your CHP course? If so it has all the answers to your questions.
 

·
Registered
Joined
·
7 Posts
Discussion Starter · #9 ·
The course I took doesnt give the red book:( I would like to get one. All I got to keep was a nra guide to basic pistol shooting. I knew about the castle law and NC not really having one. I was looking for a provision about the badguys family being able to sue me after the fact. In a blog I was reading the person stated that while nc didnt have a castle doctrine it did have a law blocking the civil suit. I didnt remember that from my class and it is why I asked.

PS if somebody can tell me where I can get the "red book" I would love a link please.
 

·
Registered
Joined
·
3,426 Posts

·
Registered
Joined
·
809 Posts
I don't know of anything that bars a civil suit in the event of a justified shooting in North Carolina. Given the "hug a thug" mentality of our general assembly (as evidenced by our extremely weak sentencing laws and massive overuse of probation for habitual criminals), I'd be very surprised if there were.

On the other hand, NC is still deeply entrenched in common law and its application, even going so far as to have criminal charges (like the infamous and often completely misunderstood "going armed to the terror of the people") for which there is no statutory language and therefore no real way for laypersons to look up what constitutes a violation. The "castle doctrine" upon which such laws are based in other more enlightened states is a common law concept. Obviously a statutory law offers more protection, but that doesn't mean that there is no protection in NC. There is, for instance, no requirement to retreat before using force inside one's home in NC. That is due to the common law castle doctrine. The only statutory law we have on the subject allows the use of deadly force to prevent an illegal forcible entry into one's home. In other words, you can shoot someone through the door while they are trying to force their way in, but if they get inside before they are shot, then the old common law requirement that they pose an imminent deadly threat has to exist before deadly force is justified. Makes sense huh?
 

·
Registered
Joined
·
174 Posts
actually there is language for "Going armed to the terror of the people"

Common law offense 272 N.C. 535;32 N.C. App 495
A person is guilty of this offense
(1) arms himself or herself with unusual and dangerous weapons
(2) for the purpose of terrifying others and
(3) goes about on public highways (includes sidewalks)
(4) in a manner to cause terror to others.

Under element (2) the criminal pleading must allege that the defendant's purpose is to terrorize (32 N.C. App 495)

But yes, this does remain untested.
 

·
Registered
Joined
·
809 Posts
actually there is language for "Going armed to the terror of the people"

Common law offense 272 N.C. 535;32 N.C. App 495
A person is guilty of this offense
(1) arms himself or herself with unusual and dangerous weapons
(2) for the purpose of terrifying others and
(3) goes about on public highways (includes sidewalks)
(4) in a manner to cause terror to others.

Under element (2) the criminal pleading must allege that the defendant's purpose is to terrorize (32 N.C. App 495)

But yes, this does remain untested.
There is charging language for it, and as you listed above those are the elements of the offense. However, it is common law, you can't just go to the statute book at the library or the NC General Assembly website and look it up. You need a much more detailed set of law books, the Farb books that list elements of offenses (including those under common law), better googlefu than a lot of folks who misunderstand the law seem to have, or some other kind of "in".

In fact its not untested at all. People get charged with going armed pretty regularly, but its not for carrying a holstered handgun. NC doesn't have a brandishing a firearm statute, so its used mostly for that kind of offense. But, since it doesn't only apply to guns, it gets used for other stuff too. I charged a guy with it recently for wandering around the Wal-Mart parking lot (why is it always Wal-Mart?) waving a knife at passers by. I'm not sure it will stick, as he was in the parking lot and not on the highway or a sidewalk, but the magistrate thought there was PC, so its up to the courts to decide now. At any rate it wasn't the only thing I arrested him for.
 

·
Registered
Joined
·
399 Posts
We need to get onto the legislature when they get into the short session. The Castle Doctrine bill is languishing in Deborah Ross's Committee. It includes the immunity from civil suit. It needs to be pushed through, she is single handedly holding this up. Short blurb from NRA.
Is there anyone thinking about running against her? That's close enough to me for me to get involved.
 

·
Registered
Joined
·
777 Posts
There's LOTS of bad language in the NC laws. What's up with not being able to carry during riots, etc.? Plus no restaurants that serve booze? Other pretty lame stuff too. Needs WORK! :aargh4:
 
1 - 15 of 15 Posts
Top