Gun Owners: Please Help Me to Understand . . . .

June 2, 2020 | Mr. Chips

[MrChips]

I do own a gun, but it doesn’t get much use, and I am not up to speed on what the law allows. Here’s my question: Am I right to conclude that the right to shoot someone attacking you or your property depends on the state in which you live? For example, I have heard that in North Carolina, where I have friends who carry, an intruder must be inside the door of your home for you to have the right to shoot him; if he is taking an ax to your front door but he’s not inside your home, You do not have the right to shoot him. In Florida, however, there is a stand your ground law extending your right to shoot someone outside your home. What I am thinking about here, is the people who arm themselves in order to defend their local businesses from rioters and looters. If someone is throwing bricks at your store front, can you shoot? Or does he have to come in through the door as a looter, first?

[Magnum44]

I do own a gun, but it doesn’t get much use, and I am not up to speed on what the law allows.

With all due respect, please reflect on that statement. Then, upon reflection, go look up your states laws, which you can find online, get someone to help interpret them if you need, then go to the range immediately, and PRACTICE, PRACTICE, PRACTICE !!! For God's sake man, your gun needs exercise too! :)

[rlmorel]

I highly recommend that you take a course offered in your state, that explains the state laws to you as they exist. I live in a very blue state, and I took a course at my gun club… Best thing I ever did.

The last thing you wanna ever do is be in any kind of situation and be unaware of what your limitations or options are.

It gives me a good deal of peace of mind to know what the framework is.

[Zathras]

Take a really good class in your State on the legal issues of using deadly force.
The good ones will tell you: “You can do everything right and still go to prison for 10 years”

I went to Front Sight in NV and part was taught by a Lawyer.
One of the reasons I don’t have a carry permit is I’m a pretty good shot.
NOT having one probably saved me from legal issues.

[Pollster1]

Under North Carolina’s castle doctrine, someone has the right to use deadly force to defend his or her home, vehicle, or workplace from an imminent threat.

In my home state of Maryland, I can defend my home, but outside of my home I have a duty to retreat. In my place of business or in my vehicle, I am required by law to run away from a thug if I can safely do so.

Just do a search on the state of interest plus the phrase “castle doctrine” or “duty to retreat”.

[mlo]

"The “Castle Doctrine”, which ostensibly gets its name from the phrase, “A man’s home is his castle”, states that you may use deadly force if someone is in your home uninvited or is in the act of breaking into your home."

That's not correct. The Castle Doctrine means you don't have a duty to retreat from your home before using otherwise justified deadly force. But it still must be otherwise justified.

[Falconspeed]

Theory: read gun laws for your state and county.
Practice: tell the police, “The person broke into my residence and I felt scared for my life.” Period.

[rlmorel]

Good advice.

[Oorang]

As others have said, research the law in your state. I assume you are in NC. With a quick search there is this:

https://www.cottenfirm.com/blog/2020/march/understanding-the-castle-doctrine-your-right-to-/

[353FMG]

I also understand that you must not shoot an intruder as he is in the process of leaving the premises, but don’t quote me.

[DEPcom]

South Carolina "The “Castle Doctrine” recognizes that a person’s home is his castle and extends to include an occupied vehicle and a person’s place of business."

Business owners notice it states place of business.

Castle Doctrine in South Carolina

[Celerity]

There is no law - ANYWHERE - that allows you to shoot someone.

Castle doctrine means that if you do have a righteous shot on someone you can prove has a reasonable ability to harm you or someone else that you will stay home, with your guns, until your court case.

Otherwise you would instantly be arrested, have your guns taken, and require bail to be out of jail before your court date.

I repeat, and you must listen to me, there is NO law that allows anyone to kill another. Period.

[21twelve]

Here in Washington State you can use deadly force in defense of yourself and/or your property, or in defense of someone else and/or their property wherever you might legally be (home, business, park, street, etc.).

But liberal District Attorneys are trying to make a name for themselves, especially if it was defense of “only” property.

[samadams2000]

You own A gun? Answer that first. Fix that first.

[dila813]

You better read if you care, if I fear for my life I don’t concern myself with the law.

I only read about them to compare the relative insanity of many of them

[Yo-Yo]

Your home page says that education is your favorite soapbox.

As several others have already pointed out, the specific laws vary greatly from state to state, so you need to know YOUR state's laws. Here's some light reading for your home state of North Carolina:

https://www.nraila.org/gun-laws/state-gun-laws/north-carolina/

[chris37]

Oy, I didn’t ask any questions though, and I also do not carry my pistol. Home and car onry, I don’t want legal trouble at all.

[chris37]

Agreed.

[dainbramaged]

better to be tried by twelve than carried by six
I was about to mention that fact, thanks.

[infool7]

My foolish advice.

God forbid you should have to but

when you have to shoot

(aim for center mass)

SHOOT(2-3X) don’t talk

7

[chris37]

The problem with doing that is that it becomes much more difficult to demonstrate immediate danger if the threat is leaving.