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  1. #81
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    08-14-2005
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    Quote Originally Posted by The Old Chief View Post
    I can't say you're wrong for giving this information as it relates to your State, but in North Carolina you will see it's very much different. I don't know of any jurisdiction in the United States where you need the permission of law enforcement prior to the use of deadly force. If you have the time to do all the things you say to do you probably have time to pack a suitcase, get in your car, and drive to the nearest police station for help.
    https://www.ncleg.net/EnactedLegisla...S_14-51.2.html
    https://www.ncleg.net/EnactedLegisla...S_14-51.3.html
    never said you need permission before the use of deadly force - just that the calling(and other steps) help avoid complications - read the post carefully, locked doors etc is a daily routine, the call takes little time, with some training/ practice the steps can be quick, there is no great expenditure of time as outlined - personally I do not have a problem doing a little more before potentially taking a life

  2. #82
    Registered User GaryM's Avatar
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    06-01-2017
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    Bradenton, Fl.
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    Law enforcement will NEVER give you permission for deadly force. It would open them to massive amount of liability to whatever might happen. The most they *might* say is to do what you need to do to insure your personal safety.

    Just thinking of a dispatcher saying "Ok, go ahead and shoot/kill them now" just makes my head spin.
    Last edited by GaryM; 08-02-2019 at 13:43. Reason: a bit more...
    ./~Hi ho, hi ho, it's up the trail I go ./~

  3. #83
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    04-02-2013
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    Pensacola, Florida
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    Quote Originally Posted by George View Post
    not in your home I do not believe there is as clear of a "path to innocence"

    this is an in your own home scenario, that if you have a clean record should result in not even being brought into custody for questioning

    5 main items

    1 weapon(especially firearm) is legally possessed

    2 structure was secured (break in needs to have occurred) - does not matter how drunk/ confused a person is if they break in

    3 person who broke in is unknown to you by sight or name

    4 authorities were notified previous to deadly force being used

    5 person who broke in was warned to stop/ leave before deadly force was used

    for # 4 and 5 call 911, put the phone upright and yell a warning, leave the phone on until law enforcement arrives (all is recorded) - side note: let the responding law enforcement know where in the structure you are(through the dispatcher) and lay down any weapons - after a shots fired incident the officer will of course have a priority of there own security

    if the person who broke in enters a final barricade (usually bedroom door) after the warning there should be little question of a killing being justifiable - assuming all 5 items check out - that does not mean you will not be sued/ charged with a crime, incur significant expense, mental trauma etc - just that in the end, you are not guilty of a crime

    if 1-5 are not all certain it does not necessarily mean you are guilty, just that more red flags will be raised/ investigated

    of course in this tent/ campground situation everything is more murky, but IMO protection of family would come far above legalities
    Glad I live in FL, where the above is not necessary. In FL, if someone broke into an occupied dwelling (and yes, tents would count, and there is no requirement that it be secured), it's considered a forcible felony. Lethal force is allowed to be used in defense. #4 and #5 is not necessary, nor really #3 (although I do admit things would get more dicey if you knew the person you shot).
    Time is but the stream I go afishin' in.
    Thoreau

  4. #84
    Registered User JNI64's Avatar
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    01-23-2019
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    Harpers ferry wv.
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    Quote Originally Posted by JNI64 View Post
    Let's move on folks . Just a freaked up situation. I opened this thread I'm moderating and closing it. HIKE ON!!
    We've beat this thing to death ( no pun intended)

  5. #85

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    Quote Originally Posted by JNI64 View Post
    We've beat this thing to death ( no pun intended)
    Yes indeed. Closed.
    "Sleepy alligator in the noonday sun
    Sleepin by the river just like he usually done
    Call for his whisky
    He can call for his tea
    Call all he wanta but he can't call me..."
    Robert Hunter & Ron McKernan

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