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Discussion Starter · #1 ·
Yet another home invasion. These are becoming more and more noticable. Only justifies keeping hardware very close no matter what part of the house you're in! Would have been nice to know if the resident had a ccw or not. Just for stats

Gwinnett homeowner kills intruder

By MIKE MORRIS
The Atlanta Journal-Constitution

Published on: 08/15/06

Gwinnett police Tuesday were investigating a fatal overnight shooting at a home near Lawrenceville.

The shooting occurred about 10:30 p.m. in the 1800 block of Connors Court.

Gwinnett police spokesman Darren Moloney said Jose Bercian, 23, told investigators that he came out of his room and found a man inside his home.

"Mr. Bercian went back into his room and retrieved a firearm," Moloney said.

When Bercian confronted the stranger, the man pulled out a gun and shot at Bercian, Moloney said. Bercian told police that he returned fire, striking and killing the intruder.

An autopsy was planned for Tuesday on the unidentified man, who Moloney said was between 20 and 30 years old.

There was no words of any charges againist Bercian but Moloney said the investigation was continuing.
 

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Many of us have read this story. I have a question: Would the homeowner be justifird in shooting had the intruder not had a weapon?

I guess this question stems from my worry of encountering an apparantly un-armed burglar. Just because he has broken into my house, am I legally in fear of my life? (I am.) I won't afford the civil suit to pay for his poor choice.
 

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Discussion Starter · #3 ·
I would think after the newly signed bill that my argument would be......... he broke into my home, it is dark (all lights would of course be out), how the heck would I know if he is armed or not. You break in a home I am pretty sure now in GA thats considered to side with the homeowner and the poor excuse of a person committing the crime is about to meet his end.
 

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It is important to note that the bill (SB 396) did not change the existing law in GA, at least in the way you are describing. The bill put into the statutes what already was the "common law" as announced by GA courts. The main purpose of the bill was to prevent courts from deciding the common law was something else.

That said, a person is justified in using deadly force against someone who enters the person's home if
1) the entry is violent and the person reasonably believes the purpose of the entry is to assault someone and the force is necessary to prevent the assault. OR
2) the entry is forcible (by someone not a member of the household) OR
3) the person reasonably believes the entry is made for the purpose of committing a felony and the force is necessary to prevent the felony.
 

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In the case of your home, I am not even sure that SB 396 changed immunity.

Anyway, here is "The Law" on this subject:

If the thief is caught while breaking in and is struck so that he dies, there will be no bloodguiltiness on his account.
 

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Malum Prohibitum said:
If the thief is caught while breaking in and is struck so that he dies, there will be no bloodguiltiness on his account.
Very old precedent :D
 

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Malum Prohibitum said:
In the case of your home, I am not even sure that SB 396 changed immunity.

Anyway, here is "The Law" on this subject:

If the thief is caught while breaking in and is struck so that he dies, there will be no bloodguiltiness on his account.
Let's not forget Verse 3.

{But} if the sun has risen on him, there will be bloodguiltiness on his account. He shall surely make restitution; if he owns nothing, then he shall be sold for his theft.

My belief is, life over stuff. That's what insurance is for right. However, if he comes at me or has a weapon, he's more than a thief. If it's at night, how can I tell? Hence the difference in the 2 verses.

I don't want to kill a man just because he wanted to steal my tv. My life and my family's life is worth more than my tv though.
 

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Pro2Am to wife: "Honey look...I told you these guys are okay...see I can have Bible study AND talk about second ammendment rights at the same time!"

:lol:

Where else can I do that?
 

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iwb32 said:
. . . He shall surely make restitution; if he owns nothing, then he shall be sold for his theft.
So, are we going to make thieves make restitution for double the amount and sell them if they cannot pay it?

:D
 

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Malum Prohibitum said:
iwb32 said:
. . . He shall surely make restitution; if he owns nothing, then he shall be sold for his theft.
So, are we going to make thieves make restitution for double the amount and sell them if they cannot pay it?

:D
Well as you know, our society doesn't exactly follow some of the basic principles laid out in the OT. It's more like a slap on the hand and a "don't steal again" and then let them go. So I'll keep my insurance and let God take care of the thief. ;)
 
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