Originally Posted by
TODJ2002
http:///forum/post/3168962
how can they prove i was waiting? the law here is more for the real justice without all the bs that some states approve i think. come on my property and try to steal anything else from me and i am going to be the law. my friend had two four wheelers stole while he was sleeping from INSIDE his garage. cops dont do crap other than take a report, even tho we pretty much know who did it. do we just sit around an let this happen? not me. i will protect family and myself and all i own till death. thats the way it should be.. sorry if u dont agree. the police cant be your babysitter. take care of yourself. and dont worry. i wont shoot unless im am threatened. i have been shot at VERY close range with a 38 and i DID NOT LIKE IT. i dont wish this on anyone, but if u are stealing or out to hurt someone else.. eye for an eye and i firmly believe this.
I know North carolina is one of the Good Ole Boys States, but I still think they believe in a person's legal rights. I doubt very seriously the legal system in your area lets you shoot people at will unless you are physically being threatened. Although Texas abides by the Castle Doctrine, there have been mutiple cases tried where a person who shot and killed someone while attempting to steal their car, was prosecuted for murder. It's really a judgement call by the officer who files the report. As far as North Carolina, this was found under the Castle Doctrine on wiki:
North Carolina
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.[18]
So in your state, the Castle Doctrine applies to someone breaking into your HOME, not taking off with your bike. You may not even have the right to shoot someone who was stealing your car. Taking a bike is every trickier. There's no windows to break, or doors to jimmy. Unless you caught them trying to break the key lock to release the handle bars, you still couldn't shoot them for simply sitting on the bike.
By the way I'm reading it, you're messing with fire with thinking about putting buckshot in the guys. Not to mention you've stated that you've gone by their homes and shouted out you know what they're trying to do, and you're willing to shoot them if they try again. If you do shoot them, and they have witnesses that will state you made these comments, you're setting your self up for premeditation.