Justme, I think easyG's got it right, and I fail to see where you'd disagree.
From his quote (assuming it's accurate) it appears that NC law pretty much has provided a net that protects the homeowner from prosecution (which it should), provided he reasonably felt that his life was threatened. If any man enters my home at night, uninvited, he's just entered a game of Blackjack, where the bet is on his life, and I've got all the Aces. My feelings are that the laws should always be written to protect the homeowner/tenant, who is paying a mortgage, taxes, rent, etc., and is a law abiding citizen, sleeping in his bed calmly at night. We
might be taking things just a little too far in our interpretations on the application of deadly force, and in so doing, painting ourselves into a corner.
Quote:
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Originally Posted by Justme
A jury is not going to agree that a reasonable man who is armed with a gun felt threatened by the mere existance of a stranger.
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It's not the "existence of a stranger" that constitutes a threat, but rather it is the unlawful, univited, window-breaking or door-stomping entry into the defender's home that constitutes a threat. Sure, seeing a stranger on the curb is one thing, but waking up to the sound of a stranger slowly opening the doorknob to your bedroom entrance, at 3 a.m., is something totally different. The laws of NC appear to be pretty straightforward on that- as far as I can read into it.
Now, in keeping with the context of the thread, let's say this intruder notices you a split second before you notice him, and he surrenders,
immediately presenting himself as your prisoner. What do you do? At this point, do you still shoot him? If you are like 99.999% of us, you won't shoot a quivering man, who is begging you for his life, hands-raised and attempting to surrender. Such a case
appears to be a petty thief that got caught, saw your gun, and is now
(rightfully) crapping his pants.
Of course, not everything is as it appears, and thus you have the dilemma:
a.) How do you ensure your continuuing safety, and the safety of your family?
b.) What sequence of actions/commands would you take on the intruder?
c.) How and in what sequence would you notify police?
d.) What would the law say, and how might a jury view the entire scenario?