Originally posted by p00hbear
As a Brit member I'm intregued by the whole US gun bearing issue, I don't know anyone who own's a gun and my guess is that 99% of brits don't want to
The questions i would like answered are:
When is it legal to fire a weapon with intent to kill?
Can you fire at someone for illegally entering a property?
Is there any control over the storage of guns and ammo?
The answers vary from state to state. I will answer for my state as best I can. I will start with the easy one first.
There is a safe storage law. You must store your weapon in a way that no unautorized person or minor can get to it easily. That means if you are
storing a weapon it should be at the very least equiped with a trigger lock. A locked closet, gun safe, or other locked container is preferred.
When a gun is in use the law does not apply. If you are hunting the trigger does not have to be locked. If you have a permit for concealed carry
keeping the gun out of sight and in a holster is good enough. You don't need to lock it away at all times.
There is no storage law for ammo that I am aware of.
In North Carolina you can use lethal force to stop a threat when you are in imminent fear of death, great bodily injury (permanent and irreperable
damage), or sexual assault. The facts and circumstances prompting the belief (that force was necessary) must be enough to cause another person of
ordinary firmness to believe lethal force was necessary to prevent said threat.
If a citizen is found to be an agressor voluntarily provoking the conflict, or uses excessive force, they can be convicted of voluntary manslaughter
even though the use of deadly force complied with other requirements. The citizen that provoked the fight can only avoid the charge after using lethal
force if he tried to withdraw from the fight. It is only considerred an attempt to withdraw if it is verbalized to the person you are in confrontation
You can only use lethal force in defense of others if the person you are defending was not a voluntary instigator and did not provoke the situation.
You also must restrain from using excessive force. Simple assault can not be answered with lethal force.
The answer for illegally entering property is actually two tiered. You can not use lethal force against a trespasser in your yard. It is not allowed
unless they do something that causes imminent fear as outlined above.
If someone forcibly enters your home, business, or car that is a different issue. If the person has no legal right to be there, is not a cop or bail
enforcement agent carrying out their duties, or does not have a minor child they are legally entitled to see on the premises, they are considerred to
be forcing entry to commit a felony of violence. In that case you are not legally required to retreat. You are also allowed to use lethal force. As I
understand it that will be the new law as of 12-21-11.
edit on 24-7-2011 by MikeNice81 because: (no reason given)