Springfield XD Forum banner

1 - 20 of 50 Posts

·
Registered
Joined
·
86 Posts
Discussion Starter #1
I have a couple of friends that have a concealed carry permit for NC that have told me that they wish they hadn't gone through the class and gotten the permit. Of course neither of those two carry on a regular basis but their mentality is that the laws are so strick on what's considered "self defense" that it may be best to not have proof that you were aware of the laws if you ever were involved in a self defense situation.

One was telling me for instance that you can be convicted of murder for shooting someone that has broken into and entered your home if you can't prove that you tried to retreat from the threat. Are you suppose to go hide in a closet and let them take the first shot before you can legally shoot back?
 

·
Registered
Joined
·
4,869 Posts
Ignorance is not a plausible defense in the court of law in any state.
 

·
Registered
Joined
·
86 Posts
Discussion Starter #3
Ignorance is not a plausible defense in the court of law in any state.
Yeah, I agree with that but I'm just imagining sitting on the stand and the DA throwing out the proof that I was made clearly aware of such law in my class as having to retreat from the threat then asking could I or could I not have exited the house from my bed room window to avoid a confrontation with the perpetrator?

"Well your honor I probably could have since I have nice new quietly opening windows in my house but instead I ducted behind the bed for cover then opened fire when he entered my bed room so that I wouldn't have to run out in the cold night air in my briefs, which I could have potentially gotten an indecent exposure ticket for."

Too many darn laws for the abiding citizen to worry about these days, what's wrong with just using good common sense and following the 10 Commandments? Criminals don't worry about the laws, they only have one worry which is to just not get caught. The law abiding citizen is the one with the burdens of studying and searching to see if he\she's following the unlimited new and changing rules and always worrying about getting into legal trouble.
 

·
Registered
Joined
·
308 Posts
I don't think you understand the law and the process. You get a good lawyer with experience in such cases and he never puts you on the stand, or he shows you did retreat to the bedroom and were essentially cornered. In the example you posted, you have a recorder going and you say clearly, 'don't come in the door, I'm armed and will shoot you'. If the perp comes in that means he's a determined killer and you did your best to avoid a firing solution. HTH
 

·
Registered
Joined
·
1,885 Posts
The legal situation in NC has actually improved this year. Particularly for home invasions, I am sure somebody will post the details shortly.

You get a concealed carry so you can carry, is all. I am not sure what logic is behind your friends now wishing they had noq gotten ther permit.
 

·
Registered
Joined
·
86 Posts
Discussion Starter #6
The legal situation in NC has actually improved this year. Particularly for home invasions, I am sure somebody will post the details shortly.

You get a concealed carry so you can carry, is all. I am not sure what logic is behind your friends now wishing they had noq gotten ther permit.
The two guys that I talked to about it more less took the class and got their permits as a group with other friends and they never have really utilized it by carrying concealed but more like myself just keep one in the vehicle and handy by the bed side. I think hearing all the laws and different legal situations may have scared them a bit.

I feel about like the signature I see from some on this site as it's better to be tried by 12 than carried by 6. I'm sure instinct will kick in in a self defense situation and thoughts of the repercussions will not cross one’s mind till after the fact.

I’m just interested in stirring up some conversation and thoughts from those who do exercise their rights to carry as I am interested in doing so.
 

·
Registered
Joined
·
3,854 Posts
NC has some of the most convoluted, anal-retentive, incomprehensible, FUBARed gun laws in the country. That being said, it seems like they don't really feel the need to take self-defense seriously. So be it, it's their choice.

As for having charges brought for self defense, "I'd rather be tried by 12 than carried by 6."

I would NEVER advocate anyone break the law, but: As more and more mess hits the blades in more and more places, I become less and less concerned with the pure legalities of where and when I can carry and shoot.
 

·
Registered
Joined
·
4,290 Posts
Maybe they don't understand the advantages of defending their property or families? I just don't get their thinking, but to each their own. I think the advantages far outweigh the disadvantages of having a permit.

It sounds like NC needs to pass a Castle Doctrine. Missouri did this in 2010 and it passed with good support.

Under the Missouri Castle Doctrine RSMo 563, a person has the right to use deadly force to when someone without license attempts to enter your vehicle, while you are occupying it, your residence or dwelling. Otherwise, deadly force may only be used when you reasonbly believe that you or a third party are about to be killed, suffer serious physical injury,or suffer a forcible felony. Missouri's Castle Doctrine states only that you have no obligation to retreat from your vehicle,dwelling or residence that you lawfully occupy. You may not use deadly force to just protect property, thus their intent is to harm you.
Missouri's concealed carry law RSMo 571 does not deal with the use of force at all.
 

·
Registered
Joined
·
403 Posts
Washington state has pretty good laws regarding guns and self defense. We're a "stand your ground" state, which means you have no duty to retreat in any place you're legally allowed to be. So if you're attacked with the threat of serious bodily harm or death, it doesn't matter if you're in your bedroom or on the street, you have the same right to defend yourself.
 

·
Premium Member
Joined
·
8,922 Posts
So because your friends are scared now about all of the laws, they just don't carry and wish they hadn't taken the class. I'm not sure I follow that logic. Especially since it's on record that they have taken and passed the class, even if they still don't understand the laws, they're kind of expected to now. I suggest they get the information they need in-case they ever need to use deadly force.

It also sounds like NC needs to get with the program and get some Castle Doctrine legislation passed.
 

·
Registered
Joined
·
1,663 Posts
Move to a "stand your ground" state, or write your state representatives every day to change it.
 

·
Registered
Joined
·
2,806 Posts
This is a no brainer... you shoot someone as your last option to save you or your loved ones life... would you rather you and your family be dead/tortured/raped, or go to court and explain that you had no other choice than to defend yourself?
 

·
Registered
Joined
·
6,661 Posts
There is a BIG drawback for me here in Kansas. I always want new equipment, better ammo, a nicer holster, a new smaller gun. etc There is no end to the drawbacks and they all cost me more money.:D:D
 

·
Registered
Joined
·
1,742 Posts
You absolutely do not have to retreat inside your home in NC your friends are misinformed. NC is a stand your ground state.

Sent from my ADR6300 using Tapatalk
 

·
Registered
Joined
·
609 Posts
i am glad i don't have to worry about retreating, i live in Florida.
 

·
Registered
Joined
·
86 Posts
Discussion Starter #18
You absolutely do not have to retreat inside your home in NC your friends are misinformed. NC is a stand your ground state.

Sent from my ADR6300 using Tapatalk
Thanks for the clarification. Has NC been a "stand your ground" state for several years or just recently changed?

I'll have to talk with these two guys a little more and try to understand their concerns. One is an avid hobby shooter like myself and the other seemed a little nervous around guns to me as I looked at a XD he was selling and had never shot. He just seemed as if he didn't care about having anything to do with a firearm :confused:

I'll probably sign up for a class soon but was just a bit puzzled when talking with two friends that seemed against getting a permit to conceal?
 

·
Registered
Joined
·
2,806 Posts
Thanks for the clarification. Has NC been a "stand your ground" state for several years or just recently changed?

I'll have to talk with these two guys a little more and try to understand their concerns. One is an avid hobby shooter like myself and the other seemed a little nervous around guns to me as I looked at a XD he was selling and had never shot. He just seemed as if he didn't care about having anything to do with a firearm :confused:

I'll probably sign up for a class soon but was just a bit puzzled when talking with two friends that seemed against getting a permit to conceal?
Sound like they are paranoid about laws they dont have any knowledge about... educate yourself on the gun laws of your state, google is your friend, and you can always ask an attorney for legal advice BEFORE you actually need it;)
 

·
Registered
Joined
·
2,806 Posts
Castle doctrine - Wikipedia, the free encyclopedia

North Carolina
Use of deadly physical force against an intruder.
(a) A lawful occupant within a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry (i) if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence, or (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.
(b) A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder in the circumstances described in this section.[24
 
1 - 20 of 50 Posts
Top