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Old August 29, 2007, 11:11 PM   #27
rantingredneck
Senior Member
 
Join Date: January 12, 2007
Location: North Carolina
Posts: 4,728
Quote:
Yes Capitulate is a big word
Gee whiz, that's clever.

Since I seem to be one of the ones that people think will shoot anyone anywhere let me further explain myself.

In the great state of NC we have some rather schizophrenic SD laws. You may use deadly force to prevent entry to your home. Hence my post earlier saying you can legally shoot someone coming through your window. Would I shoot first and ask questions later in that situation even though legally justified? I can't necessarily say yes or no, it would depend on the circumstances at the time.

Once the individual is in your home here in NC, you have to have a reasonable fear of imminent death or bodily harm to use deadly force. Now when I say use deadly force that includes simply pointing a gun at someone. So if I see a person in my living room and they have a gun in their hand deadly force is then justifiable. Now do I say "Stop right there" or do I shoot? Again circumstances will dictate, but at that point I would reasonably consider that person a threat and my thinking is don't wait for him to shoot or to raise his weapon to shoot. The presence of the weapon itself is enough of a threat to my life and family thanks.

The person is in my living room taking my plasma TV off the wall and no weapon is present, I can't even point my gun at him in the first place. That would be an unjustifiable use of deadly force, and as I said above I'd have some 'splaining to do. So I have the gun in my hand pointed at the floor and say, " get the hell out of my house, the cops are on the way." He runs out the door, TV in hand, all is well I have homeowners insurance for that. He drops the TV and grabs for a gun, then we're back to the above situation.

The point I've been trying to make is this, deadly force is more than just shooting at someone. Pointing a gun at someone is deadly force. I have to have justification even to do that. I see a gun in someone's hand the justification is there. At that point he's threat enough. I can't say what I would say at that point if anything. I don't legally have to say anything.

If he for some reason dropped his weapon and capitulated without shots fired and he's near the door, fine, leave. Get away from my family. If I am between him and the exit then it's prone out on the floor hands away from the body.

If he's in a hallway, as BillCA noted above, where out to the side doesn't work I would think stretched straight out would be better.

One thing for sure I ain't getting within grappling distance with him. That's asking for a struggle over a gun and not a tactically smart thing to do. Keep distance, keep him covered, get the police there to do the police work. They've got cuffs and backup for this purpose.
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