Reclaiming your dog when a sleazy whore steals him???

[The True Adonis]

Be careful Adam, you cannot shoot at a common thief in NC.  Even if they're trying to steal your property.   

You sure can!  Its been revised.  It even applies to your car and workplace.  All they need is for you to believe that they have an "intent" to commit a felony on your property and you can shoot them. The new law also modifies rules of self-defense and defense of others.

http://www.wccbcharlotte.com/news/local/North-Carolinas-new-Castle-Doctine-gun-law-takes-effect-Dec-1st-134793228.html



Under the new law, the lawful occupant of a home, motor vehicle or workplace isn't required to retreat prior to using deadly force. The law presumes that a person who unlawfully and by force enters or attempts to enter one of these locations intends to commit an unlawful act involving force or violence.

[Twaddle]

You sure can!  Its been revised.  It even applies to your car and workplace.  All they need is for you to believe that they have an "intent" to commit a felony on your property and you can shoot them. The new law also modifies rules of self-defense and defense of others.

http://www.wccbcharlotte.com/news/local/North-Carolinas-new-Castle-Doctine-gun-law-takes-effect-Dec-1st-134793228.html



Under the new law, the lawful occupant of a home, motor vehicle or workplace isn't required to retreat prior to using deadly force. The law presumes that a person who unlawfully and by force enters or attempts to enter one of these locations intends to commit an unlawful act involving force or violence.

I think you're misinterpretting the law.  If a thief is on your property stealing the wheels off your vehicle, you cannot shoot them.  If a thief takes your jewelry in the middle of the night, and is climbing out your window, you cannot shoot them.  If a thief is breaking into your house, you can shoot them.  If a thief is breaking into your car, and you're in it, you can shoot them.

[Chadwick The Beta]

What a stupid comment





























Chinese never split profits 

a rotta good raffs on this fred   

[The True Adonis]

I think you're misinterpretting the law.  If a thief is on your property stealing the wheels off your vehicle, you cannot shoot them.  If a thief takes your jewelry in the middle of the night, and is climbing out your window, you cannot shoot them.  If a thief is breaking into your house, you can shoot them.  If a thief is breaking into your car, and you're in it, you can shoot them.

Not true.  I have talked to the local police about this and they said if I hear rustling around in my outbuilding, I can shoot no questions asked.

The NC law recently changed and they go by on intent.  Your outbuildings and car and even workplace are covered.  You don`t have to be in any of them either.

I can post some instances of people shooting and killing trespassers/thieves in NC if you are interested.

[The True Adonis]

http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H650v5.pdf

[The True Adonis]

The person against whom the defensive force was used was in the process of
unlawfully and forcefully entering, or had unlawfully and forcibly entered, a
home, motor vehicle, or workplace

The person who uses defensive force knew or had reason to believe that an
unlawful and forcible entry or unlawful and forcible act was occurring or
had
occurred

[ukjeff]

T

he person against whom the defensive force was used was in the process of
unlawfully and forcefully entering, or had unlawfully and forcibly entered, a
home, motor vehicle, or workplace

The person who uses defensive force knew or had reason to believe that an
unlawful and forcible entry or unlawful and forcible act was occurring or
had
occurred

So by that argument you could shoot them a week later.

[The True Adonis]

TSo by that argument you could shoot them a week later.

No, read the law. It does not allow for that.

[ukjeff]

No, read the law. It does not allow for that.

Just had a quick skim, its pretty worrying that you could lawfully shoot your daughters boyfriend who she had brought home to sleep over and be totally immune from prosecution.

Who pushed for this law, Charlton Heston?

[The True Adonis]

Well if the "local police" told you that you can do it then it must be true. I don't know the first thing about this law but if they're wrong, which they may very well be, it won't be much of a defense in your capital murder trial to claim that the local cop told you it was alright to shoot the person "no questions asked." You can't be serious.
 

I posted the the law in its entirety and its correct. (see link)

[The True Adonis]

Just had a quick skim, its pretty worrying that you could lawfully shoot your daughters boyfriend who she had brought home to sleep over and be totally immune from prosecution.

Who pushed for this law, Charlton Heston?

I like this law a lot.  We do have a Republican Controlled House and Senate and now Governor.  They do a lot of things wrong, REALLY WRONG (trying to stop Tesla Motors from selling to customers Directly) and they get some things right.  This one they got right.  

Trust me, people are certainly thinking twice now breaking or entering your house or property when they know they can die.  

Not too far from me it happened.  Guy was trying to climb through a window, the home owner pulled up and unloaded on him.  Nobody was in the house, but that didn`t matter.  Home Owner was justified.

[Twaddle]

Not true.  I have talked to the local police about this and they said if I hear rustling around in my outbuilding, I can shoot no questions asked.

The NC law recently changed and they go by on intent.  Your outbuildings and car and even workplace are covered.  You don`t have to be in any of them either.

I can post some instances of people shooting and killing trespassers/thieves in NC if you are interested.

Trust me, your local police are dead wrong.  NC castle doctrine only allows you to use deadly force if you believe you fear death or serious bodily harm.  North Carolina law does not allow the use of deadly force solely to protect property, or to prevent theft, or to regain stolen property.  The amendment that was made to the NC castle doctrine was to include cars and businesses.

14-51.2. Home, workplace, and motor vehicle protection; presumption of fear of death or serious bodily harm.

The lawful occupant of a home, motor vehicle, or workplace is presumed to have held a reasonable fear of imminent death or serious bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or serious bodily harm to another if both of the following apply:

[The True Adonis]

Trust me, your local police are dead wrong.  NC castle doctrine only allows you to use deadly force if you believe you fear death or serious bodily harm.  North Carolina law does not allow the use of deadly force solely to protect property, or to prevent theft, or to regain stolen property.  The amendment that was made to the NC castle doctrine was to include cars and businesses.

14-51.2. Home, workplace, and motor vehicle protection; presumption of fear of death or serious bodily harm.

The lawful occupant of a home, motor vehicle, or workplace is presumed to have held a reasonable fear of imminent death or serious bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or serious bodily harm to another if both of the following apply:

They aren`t wrong. A Lawful Occupant does not have to be within his home to use deadly force.  

[ukjeff]

Trust me, people are certainly thinking twice now breaking or entering your house or property when they know they can die. 

They dont think twice about bringing a gun with them now though either.

[The True Adonis]

I think the police are right.

The law presumes that the lawful occupant "held a reasonable fear of imminent death or serious bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or serious bodily harm." Admittedly this is a rebuttable presumption but if the state wanted to prosecute you it would have to show that you didn't fear "imminent death or serious bodily harm," which would be difficult to do if you said differently and were otherwise a law-abiding individual. 

Exactly.  Especially if someone is found on your property with any type of weapon.  Even a hammer.  The Law has worked Very Well so far.  

"Fear of Bodily Harm" does not require the intruder to have a weapon either.  

[Rudee]

At the time this was ok, since I couldn't take him with me and she loves this dog more than she cares for any human being (she sleeps with him, feeds him off plate, refers to him as her "son" and her "legacy") ever. When I came back this slut had changed residences, screens her calls, and won't return any text messages or emails.

If what you said above is true, then you should of known better not to leave the dog with her and expect to get it back. 

[The True Adonis]

They dont think twice about bringing a gun with them now though either.

They certainly do. (they won`t even attempt to break in)  Especially in places where there is no Ordinance shooting guns. If a criminal knows that every single house has a gun and a person willing to use it in defense, they aren`t going to want to take that chance.  Especially if you live in a place where almost everyone is a hunter.  

[Twaddle]

They aren`t wrong. A Lawful Occupant does not have to be within his home to use deadly force.  

I understand that.  What your not understanding about your castle doctrine is that it only allows you to use deadly force if you feel that you or someone else is in imminent danger of death or bodily harm.  You really need to talk to some more LEO's besides your locals.  I travel to NC frequently, and I know the law well.  If someone is steeling your lawnmower out of your shed, and you start shooting them, you will have to convince the DA and jury that you feared for your life.  Please read the following, and maybe question a self defense lawyer.

http://www.nchandguntraining.com/laws.php

[The True Adonis]

The law doesn't allow you to use force to regain stolen property. That is true. Also, if you shoot someone on your property in broad daylight who was stealing a flower pot off of your porch it would not be wise to say that you shot him because he was taking your flower pot.

Exactly.  There would have to be reasonable fear.  If Grandma is taking your flower pot and you plug her, you are going to have a very bad time and it probably won`t be justified.

Now if Grandma was Jamal who just got out of prison for Attempted Murder, you might have a better chance of making it in your favor.

[Primemuscle]

This sleazy, dishonest, lying, scandalous, cheap whore stole my dog.  Few months ago we ended whatever we had, and she had the dog while I was away for couple weeks. At the time this was ok, since I couldn't take him with me and she loves this dog more than she cares for any human being (she sleeps with him, feeds him off plate, refers to him as her "son" and her "legacy") ever. When I came back this slut had changed residences, screens her calls, and won't return any text messages or emails. Attempts by mutual friends to contact her about this likewise are screened so that she never answers cell phone. I have recently tracked her to a relatives house not too far away...

A quick background on this dog, it was only 14 weeeks old when I got him (he's 4 year old now), pure bred, male, blue, PitBull. I answered an ad in the paper on my own, met the breeder, paid $1,000 for him as a friend/companion for my older male PitBull who recently died. When i brought him home she talked shit, tha it was too much responsibility, blah blah b4 falling in love with the little guy the same night.  We all lived together until recently when she was supposed to be temporarily watching the dog, wanting to spend time with it. The crazy bitch now is on the lam over an animal that she feels entitled to.

My getbig plea for advice is, can I take this dog from her relatives property without getting arrested? Her relative is an old bag, half senile, who more than likely not even realize what is going on if I showed up when the thieving whore isn't home and put a leash on the dog and left.  I probably could get some sort of notarized reciept and leave a copy to announce my rightful repossession of my PROPERTY.  If it is true (?) possession is 9/10ths of the law, would I be best off getting the dog with me by any measure, rather than try to fight her legally while she is in possession of the dog (and also likely move/run again)?

How would a getbigger handle this filthy, stealing, greedy, prostitute?

Like you say possession is 9 points of the law. If I were you, I would do whatever it takes to get my dog back, including dognapping him.

Awhile back there was a situation where this fellow's dog had escaped his yard. A female college student found the dog an took it home. Sometime later, by chance the fellow sees his lost dog in the woman's vehicle. She refused to return the dog. I believe he kidnapped it or took her to court to get the dog back. The poor puppy ended up in an animal shelter until the case was settled. The legal wrangling when on for sometime. In the end the fellow got his dog back and she was charged with something as well a fined. This case may be wholly different from yours, but I thought you'd be interested.

If you are interested in knowing more about this case, here is a link to a fairly recent news story: http://www.oregonlive.com/portland/index.ssf/2012/07/corvallis_woman_who_wouldnt_re.html

[The True Adonis]

I understand that.  What your not understanding about your castle doctrine is that it only allows you to use deadly force if you feel that you or someone else is in imminent danger of death or bodily harm.  You really need to talk to some more LEO's besides your locals.  I travel to NC frequently, and I know the law well.  If someone is steeling your lawnmower out of your shed, and you start shooting them, you will have to convince the DA and jury that you feared for your life.  Please read the following, and maybe question a self defense lawyer.

http://www.nchandguntraining.com/laws.php

It really depends on the circumstances.

[Twaddle]

Funny you should say that because it looks like the African-American caucus in the NC state legislature has offered legislation to change this law. Being that this is NC, the bill has gone nowhere.

NC law is very clear and simple.  You cannot use deadly force unless you feel that you're in danger of death or bodily harm.  Per Adam, his local LEO's told him that if he heard rustling in his shed, he could start firing.  That is wrong, wrong, wrong.  What if he does hear rustling, starts shooting, and a 10 year old boy falls out of the shed with multiple GSW's.  He will be charged with manslaughter, and will have to convince a jury that he feared for his life.  If someone is breaking into your car, shed, outhouse, etc, and you're inside your home and are not in immediate danger, you cannot start shooting at them.  Furthermore, if the criminal has committed a crime and is trying to flee, you cannot shoot at them.  This lawyer does a good job of explaining it.

[The True Adonis]

NC law is very clear and simple.  You cannot use deadly force unless you feel that you're in danger of death or bodily harm.  Per Adam, his local LEO's told him that if he heard rustling in his shed, he could start firing.  That is wrong, wrong, wrong.  What if he does hear rustling, starts shooting, and a 10 year old boy falls out of the shed with multiple GSW's.  He will be charged with manslaughter, and will have to convince a jury that he feared for his life.  If someone is breaking into your car, shed, outhouse, etc, and you're inside your home and are not in immediate danger, you cannot start shooting at them.  Furthermore, if the criminal has committed a crime and is trying to flee, you cannot shoot at them.  This lawyer does a good job of explaining it.

Video is irrelevant as it is from 2009- Before the law was changed and does not reflect the current status of the law.

[ukjeff]

Rustling in garden
TA lets loose a barrage of shots
Kid falls out of bushes holding a football
TA claims he thought he was in grave danger.
Lawyer asks simple question
"What made you think you were in grave danger?"
TA says..                              

[ukjeff]

Of course TA has to explain himself.

He will be asked why he believed himself to be in grave danger, he will have to provide reasons.
He cant just sit there and say "I thought I was in grave danger", have you forgotten about cross examining counsel?