Now it is my understanding from my CCW instructor and a couple cop buddies i know that NC law does NOT give you the right to detain anyone for anything.
False! They need to read the law.
GS 15A?404. Detention of offenders by private persons.
(a) No Arrest; Detention Permitted. – No private person may arrest another person except as provided in G.S. 15A?405. A private person may detain another person as provided in this section.
(b) When Detention Permitted. – A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence:
(1) A felony,
(2) A breach of the peace,
(3) A crime involving physical injury to another person, or
(4) A crime involving theft or destruction of property.
(c) Manner of Detention. – The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention.
(d) Period of Detention. – The detention may be no longer than the time required for the earliest of the following:
(1) The determination that no offense has been committed.
(2) Surrender of the person detained to a law?enforcement officer as provided in subsection (e).
(e) Surrender to Officer. – A private person who detains another must immediately notify a law?enforcement officer and must, unless he releases the person earlier as required by subsection (d), surrender the person detained to the law?enforcement officer. (1973, c. 1286, s. 1.)
Backun v. U.S, 112 F.2d 635
State v. Mobley, 240 N.C. 476, 83 S.E.2d 100
State v. Blackwelder, 182 N.C. 899, 109 S.E. 644 (1921)
Neal v. Joyner, 89 N.C. 287 (1883)
State v. Bryant, 65 N.C. 327 (1871)
State v. Tappe, 139 N.C. App. 33, 533 S.E.2d 262 (2000)
Harmon v. Buchanan, 164 F.Supp. 2d 649 (2001)
State v. Gilreath, 118 N.C. App. 200, 454 S.E.2d (1995)
Karadi v. Jenkins, 7 Fed. Appx. 185 (2001)
State v. Tripp, 9 N.C. App. 518, 176 S.E.2d 892 (1970)
People v. Reisner, 295 N.Y.S. 813, 162 Misc. 470
Huffaker v. Bucks Co. District Attorney’s Office, 758 F.Supp. 287 (1973)
State v. Weddell, 118 Nev. 206, 43 P.3d 987 (2002)
Once you pull your weapon and point it at the BG, you are using lethal force.
Wrong! You are threatening the possible use of lethal force, its not actually lethal until you pull the trigger or hit them over the head. Keep in mined the use of force continuum. If the use of force is authorized, it’s reasonable to meet force with equal force plus one step further. The totality of circumstances dictates the level of force used. In other words if the situation calls for lethal force you don’t have to start off with soft hand, you can automatically jump to lethal force.
So say, someone was in Durham, and pointed their weapon at someone trying to steal from their outbuilding then forcibly held them at gun point of with no lethal threat, you could be charged.
I don’t like “Monday Night Quarterbacking”.
However, under NC Common Law “Castle Doctrine” “ Self Defense Bar” GS 14?51.1. GS 15A?404 and 258 NC 44. Along with a few others I failed to mention, you could definitely use reasonable, non-deadly force to protect property and to detain them.
Pointing a gun is not lethal force, pulling the trigger or hitting them over the head is.
I hope this helps