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Posted: 8/11/2006 9:50:07 AM EDT
In NC you can't be the instigator and use deadly force. Here's the scenario, I see someones legs hanging out of my car because someone is stealing my radio. I walk up to the car and slam the door on his legs, he then comes at me with the screwdriver, razor, or some kind of tool. If I shoot him will I be charged? I kind of doubt it, but I did start it. I was bored and got to thinking about something like this. What do you think.
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Posted: 8/11/2006 9:57:24 AM EDT
[#1]
That's a stupid fucking law. Sounds like more rights for the criminal. I'd shoot the bastard and lawyer up if it looked like they wanted to get ignorant an charge you. |
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Posted: 8/11/2006 10:49:26 AM EDT
[#2]
I would think that he started it by damaging your property. You reacted with non-lethal force. He upped the stakes by intodrucing a potentially deadly weapon. Any reasonable person would not charge you.
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Posted: 8/11/2006 1:35:09 PM EDT
[#3]
It's obvious that it is not his vehicle, and as such he has no right to be inside it and is well aware of that.
Slamming the door on him or kicking him in the ass won't matter. When he exits the vehicle with a screwdriver in hand, it doesn't mean he has intention to harm you, it is a tool that he was using to remove the radio or start the car... If he can avoid you to escape and he instead moves toward you, that screwdriver is now a weapon and as such I would shoot him. He instigated the event by entering your vehicle. ETA: Is there a 'must retreat' law in NC? |
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Posted: 8/11/2006 1:38:31 PM EDT
[#4]
Yes, if it's possible to retreat you must. I believe when referring to instigating something, they are referring to a physical confrontation, not just because he was in your vehicle. Which in my eyes I would have started it when I slammed the door on him.
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Posted: 8/11/2006 1:46:28 PM EDT
[#5]
Oh I agree, but in this technical world what would some lawer say if you go by the rules? |
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Posted: 8/11/2006 1:54:14 PM EDT
[#6]
Call the cops. There is no need to confront him one on one.
I would like to shoot the guy, but it's not worth it. This is 21st centruy ameraica. |
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Posted: 8/11/2006 2:57:01 PM EDT
[#7]
If that being the case why would you want to carry a gun, according to that way of thinking. |
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Posted: 8/11/2006 3:11:59 PM EDT
[#8]
NC has the duty to retreat, unless its in your residence after dark. (which i still would retreat just to be safe) |
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Posted: 8/11/2006 3:58:42 PM EDT
[#9]
If you slammed it right then he won't be coming after you.
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Posted: 8/11/2006 6:17:19 PM EDT
[#10]
BIG +1 on that! I once watched a guy get both shin bones fractured in such an incident during a riot...he folded like wet cardboard.
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Posted: 8/11/2006 6:45:02 PM EDT
[#11]
So I can go kick down someones front door, shotgun in hand, in NC during lunch hour and by law they have to jump out the nearest window?! That's pretty fucking stuipid. 
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Posted: 8/11/2006 8:49:21 PM EDT
[#12]
Time of day has absolutely nothing to do with it in NC. F3 |
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Posted: 8/11/2006 9:40:02 PM EDT
[#13]
Nice simile. 
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Posted: 8/12/2006 5:21:35 AM EDT
[#14]
We were told in our class that if someone was outside our front door and was tring to force his way in you could shoot him through the door but you better have a good reason. |
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Posted: 8/12/2006 7:38:03 AM EDT
[#15]
our instructor told us that also. i think that is the dumbest fucking thing to tell novice "defensive" shooters. |
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Posted: 8/12/2006 9:16:27 AM EDT
[#16]
First, let me say that I think it is very stupid to shoot someone for your stereo.The cost to replace will be likely in the hundreds of dollars,the court costs of even a justifiable shooting are likely to be in the tens of thousands at least.
I am not saying do nothing,but confront the thief from behind cover and yell at him to get out of the car,or just watch him while calling the cops,isn't catching him the objective? A handgun is a SELF DEFENSE tool of last resort!Arresting petty thieves is a job for the cops. sarcasm mode on....Or I guess you could flash your concealed carry BADGE at him and then give him a Chuck Norris/Power Ranger/Ninja roundkick to the head......... |
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Posted: 8/12/2006 9:36:23 AM EDT
[#17]
To protect yourself and your loved ones from harm. Getting into a gunfight over a car stereo or any other property (that is probably coverd by insurance) is somewhat foolish, IMO. |
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Posted: 8/12/2006 4:16:17 PM EDT
[#18]
Ok, I figured this would happen. You guys have lost the concept the the question. I said if I slammed the door on his legs and he then came at me with a screwdriver, razor, or some kind of tool. If I protected myself and shot him because I couldn't for some reason retreat, would I be charged because I did start it. In N.C. you can't use deadly force and be the instigator
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Posted: 8/13/2006 9:00:32 AM EDT
[#19]
I didn't lose the concept,you did when you thought that slamming the door on the legs of a petty criminal was good option! If you carry a gun, you need to control your temper.I may be wrong, but I think most juries would think that this constitutes an escalation of the situation.How is this any different than just punching him in the face and then trying to back away? If it starts as a property crime, and you turn it into something else...well do the math. |
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Posted: 8/13/2006 7:38:55 PM EDT
[#20]
Why not give him a face full of OC spray if he comes after you?
In VA, he woudn't even need to come after you. You could gas him to protect your property (so say the written law). |
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Posted: 8/13/2006 7:44:48 PM EDT
[#21]
He would have to retreat. However if the guy kept going after him and followed him into say the OP's house, then I think he could shoot. |
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Posted: 8/23/2006 2:37:36 PM EDT
[#22]
To answer your original question, there is probably at least a 50% chance that you would be charged.
Here is how the courts would probably view it: The thief's action in stealing your radio, although upsetting, is not life threatening to you. By slamming the car door on him/her you have escalated the situation into one of violence. Therefore, NC courts would probably hold you accountable for instigating the deadly force. |
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Posted: 8/26/2006 5:10:34 PM EDT
[#23]
IMHO... The best thing to do would be to call the cops first and avoid putting yourself in a dangerous situation if possible, and no it's not chicken to do that. Just because we carry guns doesn't mean we start slinging lead at the first opportunity. If you confront the thief while armed, it could make you look like you were picking a fight. Slamming the door on his legs would be a pretty stupid thing to do. Also, just because you have a gun doesn't make you invincible.
If it was me, here in Indiana... I would call the cops on my cell phone, let them know that somebody is breaking into my car, and give as good of description of the scene and thief(s) that I could muster over the phone. I think that would be mandatory for any intelligent citizen to do armed or not. Then, I'd probably yell at the thief and tell him to get-the-F**K-out of my car and that I called the cops (w/ 911 still on the phone). If the thief tries to attack me with a weapon during this process, then I start slinging lead because then it's a pure self-defense situation. I might be tempted to hold him there at gun point until the cops arrived if I could avoid shooting (maybe). |
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Posted: 8/26/2006 5:16:31 PM EDT
[#24]
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Posted: 8/26/2006 5:33:41 PM EDT
[#25]
First off, cardoors weigh a lot. If you slammed it into their legs, the likelihood of them coming after you is very slim. They will be spending too much time and energy trying to figure out which leg to limp on.
Second, since I live in Indiana, I don't know what would happen, but in the severely unlikely event that, after slamming the door on their legs they came after me with a weapon, I would shoot them and deal with the consequences later. eta: That said, I doubt I would slam the door on his legs. He'd probably notice me coming long before I could do that. Especially since I'd be yelling "hey mother****er get out of my f***ing truck!" as I puffed myself up and walked straight towards him. |
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Posted: 8/26/2006 5:41:43 PM EDT
[#26]
Well carring my gun or not I'm 270lbs and I'm the type of person that will slam the door on someone in my truck.
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