Home invasion, lessons learned

[mrerick]

I want to briefly amplify something that Gary said earlier that caused me concern.

I am certified to teach NC Concealed Carry Handgun under our state department of justice.

In the 10th post here, Gary said:

"If you are going to point a loaded gun at them shoot to kill or you may not live past..."

Unfortunately, that state of mind constitutes felony manslaughter in most states.

Sometimes, people suggest that you should "shoot to wound"... that constitutes felony assault with a deadly weapon in most states.

Deadly force laws in North Carolina are statutory law, written by the legislature (as opposed to common law, inherited from our forefathers; which covers force up to but not including deadly force).

In this state, we are only authorized to stop an immediate, proximate deadly attack or sexual assault.

The key word here is "stop". Your intent must be to shoot to stop the attack. If you happen to kill them in the process, that's unfortunate for your attacker.

This may seem like a fine point, but if you say anything about any other intent to the investigating officers that arrive on the scene, you are sure to perk the interest of a district attorney that has the authority to introduce it to a grand jury.

Marc