I have heard both ways, that NC is and is not a castle doctrine state. I have also heard Deputy Sheriffs say that even without the castle doctrine that NC residents do not "have a duty to retreat" . Does anyone no what the real deal is?
If you read the statute carefully, you can stop someone attempting to break in, but once they are in you better kill them and not wound them.
An official Castle Doctrine, like that in Florida, is stalled in congress.
I disagree. According to the statute a homeowner may use "any degree of force that the occupant reasonably believes is necessary" That might mean anything from slapping him to shooting him.
Furthermore, the statute permits a homeowner to use that force to" Prevent" OR "terminate".
This is an "or" statute and not an "and" statute. I may, according to the law, use any amount of force to PREVENT unlawful entry. After he has already entered, I may also "any amount" of force to TERMINATE his unlawful entry.
Nowhere in the statute does it require me to kill an intruder. Suppose someone is climbing in thru my window in the middle of the night and while were both standing in the middle of the living room floor I say "hey you, you have to leave" and he does, then he still has committed a felony burglary, but I am not required to kill him.
I guess a dead burglar is better than a shot burglar who is going to sue you in civil court any day!
But I understand the statute to read that one may use any amount of force to 1) stop an intruder whom the homeowner believes is there to A) kill him, or B) inflict serious bodily harm. One doesn't have to believe the intruder is going to kill him, one could believe the intruder is there to seriously harm him. What "serious bodily harm" is would depend on the situation.
The statute also clearly states that any amount of force (including lethal) is justified if the homeowner reasonably believes the intruder is there to commit a felony. So, your life need not even be in danger if you believe the intruder is there to commit a felony. In North Carolina breaking into an occupied home at night is a felony. Since he's already committed one felony, it wouldn't be far fetched for one to believe he is going to commit another.
Someone I know just got out of jail because he shot a person who came into his yard and threatened him. The guy got out of the car with a baseball bat. One to the chest and the guy died. No charges were filed, but my friend had to spend a few days in jail until it was all sorted out.
Kansas does not require us to back down but on a practical level I'd rather avoid a gunfight if possible. However, if the situation requires immediate action I'm prepared to do what must me done.
Excellent advice. Just ask yourself how would you handle the situation without a gun. If without a gun you are going to wind up dead or seriously injured then you may want to use your gun. Too many people are trying to come up with how can I use my gun rather than when do I have to use it. :wacko: