Guy Fawkes 
Armed Attorneys Richard Hayes and Leslie Cross discuss a North Carolina case that raises a question many gun owners get wrong: does Castle Doctrine automatically apply whenever you confront an intruder inside a house?
In this case, North Carolina resident Steven Ennis was charged with felony assault with a deadly weapon after shooting an alleged intruder inside a home that belonged to his mother-in-law. According to reports, Ennis’ wife discovered signs of a break-in at the residence and called her husband after fearing the intruder might still be inside. When Ennis arrived, he reportedly found the suspect in the home and shot him.
The District Attorney later explained why prosecutors believe Castle Doctrine did not apply. Although the home belonged to Ennis’ family, it was not his residence, and the facts surrounding the alleged intrusion raised questions about whether the statutory presumption of reasonable fear was available under North Carolina law. The case highlights an important distinction between defending property and defending people, as well as the limitations that can exist within Castle Doctrine statutes.
Richard and Leslie break down the legal issues, compare the case to Texas law, and explain how Texas Penal Code 9.32 treats unlawful entry, presumptions of reasonableness, and the use of deadly force in occupied homes. They also discuss why the location of the encounter, who lawfully occupies the property, and whether the intruder is actively entering or remaining inside can dramatically affect a self-defense claim.
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The post He Shot an Intruder… But Castle Doctrine Didn’t Apply appeared first on Walker & Taylor Law.
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