January 5, 2010, 11:52 AM | #26 | |
Senior Member
Join Date: October 30, 2008
Location: Wild, Wonderful West Virginia
Posts: 315
|
Quote:
__________________
The strongest reason for the people to retain the right to bear arms is, as a last resort, to protect themselves against tyranny in government. -Thomas Jefferson |
|
January 5, 2010, 11:58 AM | #27 | |
Senior Member
Join Date: February 7, 2007
Location: The South
Posts: 4,239
|
Quote:
|
|
January 5, 2010, 09:17 PM | #28 |
Senior Member
Join Date: February 28, 2008
Location: Central Arkansas
Posts: 791
|
ยง55-7-22. Civil relief for persons resisting certain criminal activities.
(a) A lawful occupant within a home or other place of residence is justified in using reasonable and proportionate force, including deadly force, against an intruder or attacker to prevent a forcible entry into the home or residence or to terminate the intruder's or attacker's unlawful entry if the occupant reasonably apprehends that the intruder or attacker may kill or inflict serious bodily harm upon the occupant or others in the home or residence or if the occupant reasonably believes that the intruder or attacker intends to commit a felony in the home or residence and the occupant reasonably believes deadly force is necessary. (b)A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder or attacker in the circumstances described in subsection (a) of this section. (c) A person not engaged in unlawful activity who is attacked in any place he or she has a legal right to be outside of his or her home or residence may use reasonable and proportionate force against an intruder or attacker: Provided, That such person may use deadly force against an intruder or attacker in a place that is not his or her residence without a duty to retreat if the person reasonably believes that he or she or another is in imminent danger of death or serious bodily harm from which he or she or another can only be saved by the use of deadly force against the intruder or attacker. (d) The justified use of reasonable and proportionate force under this section shall constitute a full and complete defense to any civil action brought by an intruder or attacker against a person using such force. (e) The full and complete civil defense created by the provisions of this section is not available to a person who: (1) Is attempting to commit, committing or escaping from the commission of a felony; (2) Initially provokes the use of force against himself, herself or another with the intent to use such force as an excuse to inflict bodily harm upon the assailant; or (3) Otherwise initially provokes the use of force against himself, herself or another, unless he or she withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force. (f) The provisions of this section do not apply to the creation of a hazardous or dangerous condition on or in any real or personal property designed to prevent criminal conduct or cause injury to a person engaging in criminal conduct. (g) Nothing in this section shall authorize or justify a person to resist or obstruct a law-enforcement officer acting in the course of his or her duty. So basically while in your home, must be able to reasonably believe that the intruder is going to kill or commit a felony. In WV, stealing anything worth over $1K is a felony.
__________________
When once a republic is corrupted, there is no possibility of remedying any of the growing evils but by removing the corruption and restoring its lost principles; every other correction is either useless or a new evil. - Thomas Jefferson |
January 26, 2010, 10:52 AM | #29 | |
Senior Member
Join Date: January 8, 2010
Location: Charlotte, NC
Posts: 368
|
Quote:
Florida's statutues provide that the justifiable use of deadly force in defense of self is a complete defense to criminal and civil liability: 776.032 Immunity from criminal prosecution and civil action for justifiable use of force.--The sections referred to in section 776.032 pertain to (a) use of force in defense of person, (b) home protection, and (c) use of force in defense of others. I think Florida's statutes are a model that we (firearm owners) should advocate in our own states. Maybe I'll just move to Florida. DogoDon |
|
January 27, 2010, 09:26 AM | #30 |
Senior Member
Join Date: January 8, 2010
Location: Charlotte, NC
Posts: 368
|
Below is the text of a message that I have sent to my senators and representatives. I would encourage others to do likewise if you are in a state that does not have Florida-type statutes providing immunity from criminal and civil liability for a person who lawfully uses deadly force in defense of self/home/others:
As a citizen concerned about efforts by some to gradually erode Americans' right to own and use firearms for self defense, I am writing to urge you to do all you can to support legislation similar to Florida's statutes (section 776.013 and related sections). As I'm sure you know, Florida (and other states) provides immunity against both criminal AND CIVIL prosecution for a person who lawfully uses deadly force in defense of self, home, and others. North Carolina needs similar laws. As the law currently stands, a person who lawfully uses deadly force in defense of self may escape criminal liability, but may still be subject to potentially ruinous civil liability. This has the effect of removing the consequences of a violent offender's volitional act from where it rightfully belongs (on the offender) and placing it on the innocent victim. This is plainly wrong. Please do what you can to facilitate passage of legislation to correct this situation. I will not vote for any NC senator or representative who opposes such legislation. Thank you, sir. [signed, xxxxxx] Contact your state legislatures about this! Thanks! DogoDon Last edited by DogoDon; January 27, 2010 at 03:14 PM. Reason: correction of post |
January 27, 2010, 01:04 PM | #31 | ||
Senior Member
Join Date: December 29, 2004
Posts: 3,351
|
Quote:
Quote:
Prohibiting filing suit will not go very far, but the adoption of the 'British rule' of loser pays will discourage even the most abusive attorney from bothering to file. |
||
January 27, 2010, 03:16 PM | #32 |
Senior Member
Join Date: January 8, 2010
Location: Charlotte, NC
Posts: 368
|
Great point, brickeyee. The "loser pays" provision is a big deterrent against filing suit, and that is a critcal aspect. Thanks.
|
January 27, 2010, 03:21 PM | #33 | |
member
Join Date: June 12, 2000
Location: Texas and Oklahoma area
Posts: 8,462
|
Quote:
|
|
January 28, 2010, 11:58 AM | #34 | |
Senior Member
Join Date: December 29, 2004
Posts: 3,351
|
Quote:
|
|
|
|