When can homeowners in the Carolinas use deadly force? Stand your ground laws explained
The conversation around stand your ground laws has been reignited after recent shootings that severely injured a teen and claimed the life of a young woman shot by homeowners.
The Kansas City Star reported that Ralph Yarl, a 16-year-old Kansas City, Missouri boy, was shot in the head and arm through a locked glass door by homeowner Andrew Lester after ringing the doorbell. The teen, wounded on April 13, was released from the hospital Tuesday and is still recovering.
Lester, who claimed he was frightened, now faces two felony charges for assault and armed criminal action.
Three days later, Kaylin Gillis, 20, was shot and killed in Hebron, New York, by Kevin Monahan after accidentally pulling her car into his driveway, ABC News reported. Monahan was charged with second-degree murder on Wednesday.
Though it is unclear if stand your ground laws will be used as a defense in either case, at least 25 states, including North Carolina, have passed ordinances that allow homeowners to use lethal force if they feel they are in danger.
What are North Carolina’s self-defense laws?
State law says North Carolina residents have the legal right to defend themselves with deadly force and do not have a “duty to retreat” from intruders.
According to the law, a person can use “defensive force that is likely to cause death or serious bodily harm to another” to protect your home, motor vehicle, or workplace if:
Someone is trying to remove you from the premises against your will.
You have a reason to believe that an “unlawful and forcible” entry or act is occurring.
The law, however, says you cannot use deadly force in these circumstances against:
A person with the right to be on your property, such as an owner or tenant.
Someone who is in your custody, such as a child or grandchild.
A law enforcement officer or bail bondsman who attempts to enter a home, motor vehicle, or workplace to perform official duties.
A person who has stopped trying to enter your property forcefully and has left the premises.
When can South Carolina residents use lethal force?
South Carolina citizens can use deadly force against other people if they have “reasonable fear of imminent peril of death or great bodily injury,” according to state law.
However, deadly force is only permitted when:
A person has unlawfully and forcefully entered your home or attempting to remove you from your home against your will.
You have a reason to believe someone has broken into your home or is attempting to break into your home.
According to South Carolina law, deadly force is not permitted when:
It is used against a person who is a resident of the dwelling, such as an owner, tenant, or titleholder.
It is used against someone in your custody, such as a child or grandchild.
The person who uses it is engaged in an unlawful activity.
It is used against a law enforcement officer who attempts to enter a home, motor vehicle, or workplace to perform official duties.
This story was originally published April 19, 2023 at 12:05 PM with the headline "When can homeowners in the Carolinas use deadly force? Stand your ground laws explained."
