rocinante 100 Posted August 24, 2009 Report Share Posted August 24, 2009 A spokeswoman for the State Bureau of Investigation said Monday its agents are working to find out why 74-year-old Sen. R.C. Soles of Tabor City shot the man Sunday. Columbus County Sheriff Chris Batten said the shooting occurred when two men went to the senator's house and tried to kick in his front door. No charges have been filed. Wonder why????????? N.C. sen. shoots intruders Quote Link to post Share on other sites
zenmetsu 17 Posted August 24, 2009 Report Share Posted August 24, 2009 A spokeswoman for the State Bureau of Investigation said Monday its agents are working to find out why 74-year-old Sen. R.C. Soles of Tabor City shot the man Sunday. Columbus County Sheriff Chris Batten said the shooting occurred when two men went to the senator's house and tried to kick in his front door. No charges have been filed. Wonder why????????? N.C. sen. shoots intruders This would imply that they were still outside. I would wait for them to come inside so that there was no doubt... Quote Link to post Share on other sites
1mile50 102 Posted August 24, 2009 Report Share Posted August 24, 2009 A spokeswoman for the State Bureau of Investigation said Monday its agents are working to find out why 74-year-old Sen. R.C. Soles of Tabor City shot the man Sunday. Columbus County Sheriff Chris Batten said the shooting occurred when two men went to the senator's house and tried to kick in his front door. No charges have been filed. Wonder why????????? N.C. sen. shoots intruders This would imply that they were still outside. I would wait for them to come inside so that there was no doubt... I wouldn't. I live in Florida. 776.012 Use of force in defense of person. 776.012 Use of force in defense of person.--A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if: (1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013. Home Invasion is a forcible felony. Plus, there would be a reason to "believe" that great bodily harm or death was imminent. Someone tries to kick in my door and I'm home, I'm going to need a new door, because I intend to ventilate it. Excessively. Quote Link to post Share on other sites
zenmetsu 17 Posted August 24, 2009 Report Share Posted August 24, 2009 A spokeswoman for the State Bureau of Investigation said Monday its agents are working to find out why 74-year-old Sen. R.C. Soles of Tabor City shot the man Sunday. Columbus County Sheriff Chris Batten said the shooting occurred when two men went to the senator's house and tried to kick in his front door. No charges have been filed. Wonder why????????? N.C. sen. shoots intruders This would imply that they were still outside. I would wait for them to come inside so that there was no doubt... I wouldn't. I live in Florida. 776.012 Use of force in defense of person. 776.012 Use of force in defense of person.--A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if: (1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013. Home Invasion is a forcible felony. Plus, there would be a reason to "believe" that great bodily harm or death was imminent. Someone tries to kick in my door and I'm home, I'm going to need a new door, because I intend to ventilate it. Excessively. Interesting... As long as this guy's state had a similar law on the books, he is probably OK. Quote Link to post Share on other sites
GeorgiaPD 408 Posted August 24, 2009 Report Share Posted August 24, 2009 As of July 01, 2008, you are no longer required to retreat here in Georgia as well. Just as long as you can articulate a threat of imminent injury or death to yourself or others, you are good to go. This was tacked onto the new law allowing concealed carry on public transportation. Quote Link to post Share on other sites
DogMan 2,343 Posted August 24, 2009 Report Share Posted August 24, 2009 Nope, sorry. If you are trying to kick in my door I'm going to consider you already inside. I'm not sure how the law reads in my state nor do I care. If I feel like I'm in iminent danger I'll act now and work out the details later. One concession that I might make if I feel like I have adequate cover and the advantage of surprise is to wait until the instant the door is breached but then there is not going to be any discussion. All hell is going to break loose. Quote Link to post Share on other sites
zenmetsu 17 Posted August 24, 2009 Report Share Posted August 24, 2009 Nope, sorry. If you are trying to kick in my door I'm going to consider you already inside. I'm not sure how the law reads in my state nor do I care. If I feel like I'm in iminent danger I'll act now and work out the details later. One concession that I might make if I feel like I have adequate cover and the advantage of surprise is to wait until the instant the door is breached but then there is not going to be any discussion. All hell is going to break loose. I will not go near the door while someone is trying to breach it. Because of that, I cannot get positive ID on who is outside. I am not going to shoot through my own door at an unknown target. I will, however, get into position and wait until I can see the intruder and then, provided that they are not law enforcement or something at the wrong address, give them a one-way express ticket to hell. I might send them two tickets just to get them there faster. Quote Link to post Share on other sites
BronCobraJet 80 Posted August 24, 2009 Report Share Posted August 24, 2009 Nope, sorry. If you are trying to kick in my door I'm going to consider you already inside. I'm not sure how the law reads in my state nor do I care. If I feel like I'm in iminent danger I'll act now and work out the details later. One concession that I might make if I feel like I have adequate cover and the advantage of surprise is to wait until the instant the door is breached but then there is not going to be any discussion. All hell is going to break loose. I will not go near the door while someone is trying to breach it. Because of that, I cannot get positive ID on who is outside. I am not going to shoot through my own door at an unknown target. I will, however, get into position and wait until I can see the intruder and then, provided that they are not law enforcement or something at the wrong address, give them a one-way express ticket to hell. I might send them two tickets just to get them there faster. Some gang members in Houston circa 1986-7 or so used to dress up like police and do "kick burglaries". If they are kicking in your door and have not tried to identify themselves as police (even though the gang members did this, just yelling Police-Open up or some such), IMHO shoot the bastards to hell. Quote Link to post Share on other sites
SOPMOD 254 Posted August 25, 2009 Report Share Posted August 25, 2009 No Duty To Retreat Means that when uninvited belligerents show up they are literally standing at "Death's Door" but RC Soles has a string of young men who's apartments he pays for and has faced several allegations of being a pederast who pays big bucks to shut them up and................... as you probably already guessed ,he's a DEMOCRAT Quote Link to post Share on other sites
waltham_41 52 Posted August 25, 2009 Report Share Posted August 25, 2009 Okla has the law where you do not have to retreat. A 74 year old man is most likely not able to physically fight anyone off, so shooting would seem to be justified. Quote Link to post Share on other sites
6x6pinz 4 Posted August 25, 2009 Report Share Posted August 25, 2009 I will, however, get into position and wait until I can see the intruder and then, provided that they are not law enforcement or something at the wrong address, give them a one-way express ticket to hell. I might send them two tickets just to get them there faster./quote] Watch how you phrase that. A BG's attorney would say that you ambushed them or lured them into your trap. Good thing would be it would be their attorney speaking on their families behalf as they would more than likely be planted deep into the ground. Just saying, watch how you phrase things especially on an open forum. As to the OP's original question: The media would rather report that a 74 year old senator was attacked in his own home then report that another person was saved by the use of firearms. Quote Link to post Share on other sites
Brair 5 Posted August 25, 2009 Report Share Posted August 25, 2009 In NC, you can shoot someone WHILE they are breaking in. Once they are in you have to be threatened. For example while they are coming in you can shoot but if they get in side and just say hey I am not going to harm you but just going to take the tv by law you can't shoot them. I know wtf were they thinking..but that is the way it is. The wording is as follows.. You may use deadly force to prevent an intruder from forcibly entering your home if the circumstances would lead a reasonably prudent person to believe that the intruder intends to commit a felony or kill or cause great bodily harm to persons in the home. This legal concept is called "defense of habitation". That is one of the things they stress in the CCW classes. Quote Link to post Share on other sites
22_Shooter 1,560 Posted August 25, 2009 Report Share Posted August 25, 2009 Surprisingly, NY doesn't make it illegal to defend yourself with deadly force in your own home. 2. A person may not use deadly physical force upon another personunder circumstances specified in subdivision one unless: (a) The actor reasonably believes that such other person is using or about to use deadly physical force. Even in such case, however, the actor may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the necessity of so doing by retreating; except that the actor is under no duty to retreat if he or she is: (i) in his or her dwelling and not the initial aggressor; or (ii) a police officer or peace officer or a person assisting a police officer or a peace officer at the latter's direction, acting pursuant to section 35.30; or ( He or she reasonably believes that such other person is committing or attempting to commit a kidnapping, forcible rape, forcible criminal sexual act or robbery; or © He or she reasonably believes that such other person is committing or attempting to commit a burglary, and the circumstances are such that the use of deadly physical force is authorized by subdivision three of section 35.20. I've read that some states that have full-on "Castle Doctrines" also include a clause stating that no civil suits can be brought against you from the family of the scum who you were forced to end. We don't have a clause like that here, so even if a NYer were completely in the right, I'm sure you'd still become dead broke from the family of person who decided to break into your house, suing your ass into poverty. Quote Link to post Share on other sites
22_Shooter 1,560 Posted August 25, 2009 Report Share Posted August 25, 2009 In NC, you can shoot someone WHILE they are breaking in. Once they are in you have to be threatened. For example while they are coming in you can shoot but if they get in side and just say hey I am not going to harm you but just going to take the tv by law you can't shoot them. I know wtf were they thinking..but that is the way it is. The wording is as follows.. You may use deadly force to prevent an intruder from forcibly entering your home if the circumstances would lead a reasonably prudent person to believe that the intruder intends to commit a felony or kill or cause great bodily harm to persons in the home. This legal concept is called "defense of habitation". Well damn, if someone is attempting to break into my house, I have no reason to think they don't intend to commit a felony or kill or cause bodily harm. Quote Link to post Share on other sites
Koliadko 207 Posted August 25, 2009 Report Share Posted August 25, 2009 Quote Link to post Share on other sites
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