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Interesting little known NC laws

Discussion in 'Carolina Glockers' started by southernreign, Jan 10, 2009.

  1. These should be of great interest even to LEOs.

    Okay, I found these after hours of late night studying on NC laws tonight: (I understand we all risk having to defend ourselves in court.)

    First, We all should know this one (it is taught to everyone that takes firearm safety classes and CCW classes:

    § 14‑51.1. Use of deadly physical force against an intruder.
    (a) A lawful occupant within a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry (i) if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence, or (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.
    (b) A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder in the circumstances described in this section.
    (c) This section is not intended to repeal, expand, or limit any other defense that may exist under the common law. (1993 (Reg. Sess., 1994), c. 673, s. 1.)

    Note: The above in hightlighted in red. The felony is the key part. A felony is even robbery of anything worth over a thousand dollars, or a robbery of ANY firearm.

    <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:eek:ffice:eek:ffice" /><o:p></o:p>
    <o:p>Little known law. Citizen Arrest possible!! Detention Permitted!!!</o:p>
    § 15A&#8209;404. Detention of offenders by private persons.<o:p></o:p>
    (a) No Arrest; Detention Permitted. &#8211; No private person may arrest another person except as provided in G.S. 15A&#8209;405. A private person may detain another person as provided in this section.<o:p></o:p>
    (b) When Detention Permitted. &#8211; A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence:<o:p></o:p>
    (1) A felony,<o:p></o:p>
    (2) A breach of the peace,<o:p></o:p>
    (3) A crime involving physical injury to another person, or<o:p></o:p>
    (4) A crime involving theft or destruction of property.<o:p></o:p>
    (c) Manner of Detention. &#8211; The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention.<o:p></o:p>
    (d) Period of Detention. &#8211; The detention may be no longer than the time required for the earliest of the following:<o:p></o:p>
    (1) The determination that no offense has been committed.<o:p></o:p>
    (2) Surrender of the person detained to a law&#8209;enforcement officer as provided in subsection (e).<o:p></o:p>
    (e) Surrender to Officer. &#8211; A private person who detains another must immediately notify a law&#8209;enforcement officer and must, unless he releases the person earlier as required by subsection (d), surrender the person detained to the law&#8209;enforcement officer. (1973, c. 1286, s. 1.)<o:p></o:p>
    § 15A&#8209;405. Assistance to law&#8209;enforcement officers by private persons to effect arrest or prevent escape; benefits for private persons.<o:p></o:p>
    (a) Assistance upon Request; Authority. &#8211; Private persons may assist law&#8209;enforcement officers in effecting arrests and preventing escapes from custody when requested to do so by the officer. When so requested, a private person has the same authority to effect an arrest or prevent escape from custody as the officer making the request. He does not incur civil or criminal liability for an invalid arrest unless he knows the arrest to be invalid. Nothing in this subsection constitutes justification for willful, malicious or criminally negligent conduct by such person which injures or endangers any person or property, nor shall it be construed to excuse or justify the use of unreasonable or excessive force.<o:p></o:p>
    (b) Benefits to Private Persons. &#8211; A private person assisting a law&#8209;enforcement officer pursuant to subsection (a) is:<o:p></o:p>
    (1) Repealed by Session Laws 1989, c. 290, s. 1.<o:p></o:p>
    (2) Entitled to the same benefits as a "law&#8209;enforcement officer" as that term is defined in G.S. 143&#8209;166.2(d) (Law&#8209;Enforcement Officers', Firemen's and Rescue Squad Workers' Death Benefit Act); and<o:p></o:p>
    (3) To be treated as an employee of the employer of the law&#8209;enforcement officer within the meaning of G.S. 97&#8209;2(2) (Workers' Compensation Act).<o:p></o:p>
    The Governor and the Council of State are authorized to allocate funds from the Contingency and Emergency Fund for the payment of benefits under subdivision (3) when no other source is available for the payment of such benefits and when they determine that such allocation is necessary and appropriate. (1868&#8209;9, c. 178, subch. 1, s. 2; Code, s. 1125; Rev., s. 3181; C.S., s. 4547; 1973, c. 1286, s. 1; 1979, c. 714, s. 2; 1989, c. 290, s. 1.)

    § 14&#8209;72. Larceny of property; receiving stolen goods or possessing stolen goods.
    (a) Larceny of goods of the value of more than one thousand dollars ($1,000) is a Class H felony. The receiving or possessing of stolen goods of the value of more than one thousand dollars ($1,000) while knowing or having reasonable grounds to believe that the goods are stolen is a Class H felony. Larceny as provided in subsection (b) of this section is a Class H felony. Receiving or possession of stolen goods as provided in subsection (c) of this section is a Class H felony. Except as provided in subsections (b) and (c) of this section, larceny of property, or the receiving or possession of stolen goods knowing or having reasonable grounds to believe them to be stolen, where the value of the property or goods is not more than one thousand dollars ($1,000), is a Class 1 misdemeanor. In all cases of doubt, the jury shall, in the verdict, fix the value of the property stolen.

    (b) The crime of larceny is a felony, without regard to the value of the property in question, if the larceny is any of the following:
    (1) From the person.
    (2) Committed pursuant to a violation of G.S. 14&#8209;51, 14&#8209;53, 14&#8209;54, 14&#8209;54.1, or 14&#8209;57.
    (3) Of any explosive or incendiary device or substance. As used in this section, the phrase "explosive or incendiary device or substance" shall include any explosive or incendiary grenade or bomb; any dynamite, blasting powder, nitroglycerin, TNT, or other high explosive; or any device, ingredient for such device, or type or quantity of substance primarily useful for large&#8209;scale destruction of property by explosive or incendiary action or lethal injury to persons by explosive or incendiary action. This definition shall not include fireworks; or any form, type, or quantity of gasoline, butane gas, natural gas, or any other substance having explosive or incendiary properties but serving a legitimate nondestructive or nonlethal use in the form, type, or quantity stolen.
    (4) Of any firearm. As used in this section, the term "firearm" shall include any instrument used in the propulsion of a shot, shell or bullet by the action of gunpowder or any other explosive substance within it. A "firearm," which at the time of theft is not capable of being fired, shall be included within this definition if it can be made to work. This definition shall not include air rifles or air pistols.
    Last edited: Jan 10, 2009
  2. Awesome post.
    Thanks a lot.

  3. silsby


    Nov 5, 2008
    Hope Mills, NC
    Definitely a good read!

    Thanks for the research.

  4. Thank You!
  5. xiph0s


    Sep 24, 2008
    correct me if i am wrong but breaking and entering is a felony. if you have B&Ed your way into my house you already have one felony on the board. a good lawyer would have no trouble with that.
  6. Actually, 'just breaking in and entering' is not a felony, it is only a M-D unless with 'some-other' intent. Like others say here, "I'd rather be judged by twelve than carried by six."
  7. Short Bus

    Short Bus

    Jan 11, 2008
    Western NC
    Great post. If they are breaking and entering they are wanting to walk out with my big ass TV after causing harm to me and my family. It works :supergrin:
  8. kirgi08

    kirgi08 Watcher. Silver Member

    Jun 4, 2007
    Acme proving grounds.

    Copy right infringement/JK.Great work.'08. :cool:
  9. wilsoni91

    wilsoni91 BOHICA

    Dec 28, 2004
    If you want a funny one look at this one. It is a felony to burn an outhouse but it is ok to burn your own house down as long as you don’t try to file an insurance claim.

    § 14 62. Burning of certain buildings.
    If any person shall wantonly and willfully set fire to or burn or cause to be burned, or aid, counsel or procure the burning of, any uninhabited house, or any stable, coach house, outhouse, warehouse, office, shop, mill, barn or granary, or any building, structure or erection used or intended to be used in carrying on any trade or manufacture, or any branch thereof, whether the same or any of them respectively shall then be in the possession of the offender, or in the possession of any other person, he shall be punished as a Class F felon. (1874 5, c. 228; Code, s. 985, subsec. 6; 1885, c. 66; 1903, c. 665, s. 2; Rev., s. 3338; C.S., s. 4242; 1927, c. 11, s. 1; 1953, c. 815; 1959, c. 1298, s. 1; 1971, c. 816, s. 4; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c. 539, s. 1160; 1994, Ex. Sess., c. 24, s. 14(c); 1995 (Reg. Sess., 1996), c. 751, s. 2.)
  10. xiph0s


    Sep 24, 2008
    i think that if you have broken into my house in the middle of the night you aren't there to take up a donation for the Red Cross. Anyone who forcefully enters your house, at any time, probably would fall into the category of "some-other" intent.
  11. In SC entering onto a persons property durng the day light hours is a misdemeanor after sunset it elevates to a felony. They don't have to try to get in your house just be in or on your property.


    Dec 12, 2008
    Conover , NC
    Great post Thanks.

  13. I thought Clint Eastwood said that?
  14. kirgi08

    kirgi08 Watcher. Silver Member

    Jun 4, 2007
    Acme proving grounds.
    I said it first.'08. :whistling:
  15. May I Have the time/day stamp to the link please?:cool:
  16. kirgi08

    kirgi08 Watcher. Silver Member

    Jun 4, 2007
    Acme proving grounds.
    I'm older than "dirty" Harry is.'08. :faint: