Self Defense
G.S. 14-51.3 — no duty to retreat where one has a right to be, a presumption at home, at work and in the car
In North Carolina, a person is justified in using force, short of deadly force, when and to the extent they reasonably believe it necessary to defend themselves or another against another's imminent use of unlawful force.
Deadly force, and no duty to retreat. A person is justified in using deadly force, with no duty to retreat in any place they have a lawful right to be, where they reasonably believe it necessary to prevent imminent death or great bodily harm to themselves or another, or in the circumstances the home, workplace and vehicle section permits.
The lawful occupant of a home, motor vehicle or workplace is presumed to have held a reasonable fear of imminent death or serious bodily harm when using deadly defensive force against someone unlawfully and forcefully entering, or who had entered, or who was trying to remove someone against their will, if the occupant knew or had reason to believe it was happening. The presumption is rebuttable, and the occupant has no duty to retreat from the intruder.
- The presumption does not apply against someone with a right to be there, such as an owner or lessee, unless a domestic violence injunction or no contact order is in place against them.
- It does not apply where the person removed is the other's child or grandchild, or in their lawful custody.
- It does not apply against a law enforcement officer or bail bondsman lawfully entering in official duties who was identified or reasonably known.
- It does not apply once the intruder has stopped trying to enter and has left.
Immunity for justified force. A person who uses force as these sections permit is justified and immune from civil or criminal liability for it, unless the force was against a law enforcement officer or bail bondsman lawfully performing official duties who was identified or reasonably known to be one.
Common law defenses remain alongside these sections. Whether force was justified in a given case is a question for a court and for a licensed North Carolina attorney.
Sources for this section (2)
- G.S. 14-51.3 — Use of force in defense of person; relief from criminal or civil liability
- G.S. 14-51.2 — Home, workplace, and motor vehicle protection; presumption of fear of death or serious bodily harm
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.