Cary man charged with assault after shooting man he found inside his car

The court system, and most people, put a higher value on human life than they do property. So yeah no immediate danger, no firearm discharge. Now, if the gun owner in question was inside the vehicle and the theif suddenly tries to break in, there is now a potential threat and self defense can be justified.
 
Those types of programs aren't giving actionable legal advice. I can't comment on doctors or medical information because I am not one, but a lawyer showing up on a morning show talking about victims of drunk driving and telling folks not to drive drunk is not the same thing as a lawyer (or worse, a journalist that's done a bit of Googling) publishing the legal standards for an affirmative defense to homicide. A lawyer that informs the general public that "they may be entitled to compensation if you live near XYZ superfund site" or "they might be able to avoid their timeshare contract" is not giving actionable legal advice, and it's certainly not giving actionable advice that exposes the publisher of the lawyer's statements to a serious litigation risk.

WRAL isn't getting sued if someone relies on "drunk driving bad." A five-minute news segment on timeshares will not teach John Q. Public how to prosecute a complaint to avoid a contract.

This is why lawyers are no fun: WRAL's going to have a real problem if they publish an article explaining the objective standards for ability, opportunity, jeopardy, any requirement to retreat, castle doctrine, etc., and then somebody shoots someone else and claims WRAL told them it was fine. General counsel (or a smart editor) would never let that happen.

I know a lawyer that was publishing a pamphlet that said friends don't let friends plead guilty to DWI. We then gave things not to do if stopped before calling his number.

The NCDOJ were not really happy about this guy one bit and always kept their eyes open.
 
They do love to infringe on the rights of the ignorant... but then that leads back to the need for some basic training & education.
 
A friend of mine was inside McDonald's, when he saw a pair of legs dangling from the driver side of his Tacoma. He stepped out there to see what was going on, only to find a youth tugging at the radio. An apparent attempt to remove it without permission.

My buddy calmly sunk his smallish pocket knife into the buttocks of the scoundrel, causing him to cancel his efforts and begin some sort of parking lot dance routine, all while grasping the affected area. Something about the event had really upset the lad, because he kept telling my pal he was going to kill him.

The cops show up, the manager from the neighboring gas station confirmed my friend's story, and away went Mr. Pincushion.

My buddy, unfortunately, ran a little late for work and didn't finish his sandwich.

It's my car!


 
I would skip the license, but I could get behind a mandatory firearms familiarity and safety class in high school.
Those don't always go according to plan either. In junior high school in southwestern VA (probably ~ 1980) we had a couple days of that exact type course in our PE classroom. An official - I forget whether it was a police officer or ranger - came in and taught a combination firearms safety and hunting safety session.

During the part of the course where the officer was talking about "always treat every gun as loaded, you never know" he pulled the trigger on his service revolver and it discharged in class.
He'd loaded it with a blank of course for effect, and it truly did make a big impression. However looking back as an adult, was a terribly reckless approach.
 
I love these kind of stories because they’re an excellent way to learn. I wish more people would read them, think about what they would do in a similar situation, think about what kind of outcome they want, and make a mental note of “if X happens, I should do Y”.

In this case, it reminds me that IF you want to confront a thief in the act, you carry a weapon to protect yourself from them, NOT to protect the property nor to issue your own brand of justice. The latter two are asking for legal troubles.
 
Those don't always go according to plan either. In junior high school in southwestern VA (probably ~ 1980) we had a couple days of that exact type course in our PE classroom. An official - I forget whether it was a police officer or ranger - came in and taught a combination firearms safety and hunting safety session.

During the part of the course where the officer was talking about "always treat every gun as loaded, you never know" he pulled the trigger on his service revolver and it discharged in class.
He'd loaded it with a blank of course for effect, and it truly did make a big impression. However looking back as an adult, was a terribly reckless approach.
"I am the only one here professional enough to handle this firearm." 😂
 
One of the videos in my CCW was a LEO shooting his thumb off at the gun shop because no one cleared the weapon. Moral was don’t trust LEO to be necessarily any smarter than Mr. Heng.
 
Yeah, I know what Mr Ye did is against the law in NC, but it shouldn’t be imo, if a crook values his life less than I do my stuff, that should be on him, like Texas.

There is a widely held belief that you can shoot someone in Texas for stealing your stuff even when there is no threat to your person. I don't believe that's correct. Google around for the legal definitions of robbery, theft, and burglary, and you'll see that the original crime here in this thread wasn't robbery. Do some googling and you'll find that in Texas, deadly force is permitted in the case of robbery, but not theft nor burglary (click here) . Which is substantially the same as most other free states.
 
Hmmm…just playing devils advocate here, what do you feel their response should be? Criminals by nature are usually creatures of opportunity.
I dont think its so much the PD referring to the victim as “clumsy” or the perp as “innocent” as much as it is referring to the fact that everyone else who routinely locks their vehicles, didn’t have to call them. Some people honestly just think it will never happen to them.
Ive honestly seen it too many times, and it never ceases to amaze. People leave thousands of dollars in cash and firearms in vehicles UNLOCKED and then call and explain they live in a good area and didn't think it would ever happen.
And dont misunderstand, I am not taking up for the criminal in any way, shape or form, but routinely locking up your vehicles will save you headaches in situations like this. Locked car=perp moving on 95%+ of the time.
A little bit of common sense goes a long way.
 
Those types of programs aren't giving actionable legal advice. I can't comment on doctors or medical information because I am not one, but a lawyer showing up on a morning show talking about victims of drunk driving and telling folks not to drive drunk is not the same thing as a lawyer (or worse, a journalist that's done a bit of Googling) publishing the legal standards for an affirmative defense to homicide. A lawyer that informs the general public that "they may be entitled to compensation if they live near XYZ superfund site" or "they might be able to avoid their timeshare contract" is not giving actionable legal advice, and it's certainly not giving actionable advice that exposes the publisher of the lawyer's statements to a serious litigation risk.

WRAL isn't getting sued if someone relies on "drunk driving bad." A five-minute news segment on timeshares will not teach John Q. Public how to prosecute a complaint to avoid a contract.

This is why lawyers are no fun: WRAL's going to have a real problem if they publish an article explaining the objective standards for ability, opportunity, jeopardy, any requirement to retreat, castle doctrine, etc., and then somebody shoots someone else and claims WRAL told them it was fine. General counsel (or a smart editor) would never let that happen.

I guess WRAL and the News and Observer are in a lot of trouble now.
https://www.wral.com/self-defense-l...oting-intruder-who-was-running-away/20190306/
https://www.newsobserver.com/news/local/crime/article259468574.html
 

See, I should never make an unqualified absolute statement on the internet, as a joke or otherwise. It always ends up being wrong. Obviously, reporters will report public statements made by the government attorneys.

The government is free to tell you what the general rules of the law are and should do that as often as possible—it’s the one that throws you in jail for not knowing it.

WRAL published a vague, two-sentence note on the general elements of SYG laws, quoting the DA.

The N&O is quoting a UNG SOG professor in much more detail on the scope of SYG/Castle Doctrine laws and what they prohibit. SOG actually publishes public white papers covering State laws for the public, including self defense.
 
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Works both ways. OJ Simpson,


He was aquitted cause the glove didn't fit(so they say). Funny thing is I have a pair of leather gloves that have to be stretched back on nearly ever time I use them. Especially if they get wet.

And no. My head didn't explode because I fully expected what happened to happen.
 
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