Q: My lease agreement prohibits "discharging a firearm in the apartment community" does this include self-defense?

A: Your lease agreement prohibits discharging a firearm within the apartment community, but self-defense is a different matter. North Carolina law recognizes the right to defend yourself if you are facing an imminent threat of serious injury or death. If someone is breaking in and you reasonably fear for your life or your significant other’s safety, you have the legal right to protect yourself, including using deadly force if necessary.

However, firing a gun in self-defense could still have consequences under your lease. While the law may justify your actions, your landlord could argue that a firearm was discharged in violation of the lease agreement, possibly leading to eviction. The wording of the lease likely doesn’t account for emergencies, so it would depend on how it is enforced. That said, legal self-defense is not the same as an unlawful discharge of a firearm, so it should not be considered a felony if your actions meet the legal requirements for self-defense.

It’s important to understand North Carolina’s self-defense laws, particularly the Castle Doctrine, which protects individuals who use force to defend themselves in their homes. If law enforcement and prosecutors determine that your actions were justified, criminal charges would not be expected. Still, every case is fact-specific, and legal interpretation can vary. If this is a serious concern, reviewing your lease and understanding local firearm laws can help you stay prepared.