Castle Doctrine Hyptothetical

Discussion in 'GA Laws and Politics' started by gunsmoker, Nov 12, 2017.

  1. AtlPhilip

    AtlPhilip Proud GCO member.

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    How do I know this?

    O.C.G.A. 16-3-23 (2010)
    A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary
    to prevent or terminate such other's unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

    (2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred;

    The law does not limit me to advance prevention. That said, shooting a man in the back while they are fleeing get's dicey. You brought up the value deliberately, but did I know that's all they took from the jewelry box with felony amounts of stuff in it?
     
    Last edited: Nov 14, 2017 at 9:54 AM
  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

    Isn’t anybody going to go with Option #3— shooting a burglar who is committing a felony in your house?
    Burglary is always a felony, regardless of the dollar value of what the burglar steals.

    But... the way the law is worded, does #3 require the intruder do or attempt ANOTHER felony-level crime, not counting the burglary?
     

  3. Glockenator

    Glockenator heathen infidel savage

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  4. AtlPhilip

    AtlPhilip Proud GCO member.

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    I was confused as to whether it is a felony. From 16-7-1

    "(b) A person commits the offense of burglary in the first degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains ..."

    Did they intend to commit a felony?

    Nevermind, I just saw "or theft" while writing that...
     
  5. Schweisshund

    Schweisshund Active Member

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    Exodus 22:2-3

    "If a thief is found breaking in and is struck so that he dies, there shall be no bloodguilt for him, but if the sun has risen on him, there shall be bloodguilt for him. He shall surely pay. If he has nothing, then he shall be sold for his theft."

    I wouldn't shoot him - I would find him then sell him into slavery until the item he stole from me has been repaid.
     
  6. Cybodog

    Cybodog New Member

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    On the other hand, if he was dressed in a body suite and looked like The Terminator, that alone could make you afraid for your life (seriously) since you KNOW he does not live there, and you did not invite him in. Just saying, no torturing the law and definitions. He was sooooo huge, I felt afraid even to talk to him...
     
  7. hammerg26

    hammerg26 Member

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    Your post had the person starting to exit. Now, if he heads in your direction, circumstances have changed.
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Winner! :D :cool:
     
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  9. Schweisshund

    Schweisshund Active Member

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    When I am home before my 2 boys go to bed, I spend time talking to them and reading them stories (I have a 4 y.o. and a 2 y.o.). My oldest son is unusually bright (like his daddy ...ha) and ever since he was born, has shown a high level of alertness. Last night he asked me if I would be sleeping next to him (I sometimes do this and wait for him to fall asleep before leaving). I began asking him why he wanted me to do this and his response was he was afraid of ghosts. Ever since Halloween, he has mentioned ghosts every day .... so I said "Sure, I'll stay, but can I tell you a secret? Ghosts are not real ..." and went on to explain in great detail how ghosts are just "make believe" before realizing that nothing I was saying was really convincing him. I then asked him if he remembered the Pest Control man that came to the house and sprayed for termites ... he said he remembered ... I then told him he was really spraying a ghost repellent around the house so ghosts couldn't get in. His eyes got wide and he understood what I was saying and asked, "So we don't live in a haunted house?" "Um .. nope, we don't live in a haunted house" I then asked him what other things made him afraid. He mentioned "bugs" and "spiders" then he said "burglars".

    I asked him if he knew what a burglar was and he explained to me that it was a person who broke into houses to steal things and hurt people. I wondered how he learned about this and he told me a police officer had come to his school (daycare) and explained what a burglar was. I asked him what he would do if a burglar broke into our house ... I could tell he was thinking and wondering and then he blurted out "I know! I will hide in the closet and stay quiet!" I then said, "but what if the burglar looks in the closet to steal things and finds you?"

    His answer absolutely floored me and my wife. "Then I will need a gun and shoot the burglar. Like the police man, he has a gun, I will need a gun".

    This is a 4 year old.

    I explained to him that he was much too young to have one (he does not know I have guns - My wife and I have an agreement on this) and then we discussed other ways he could protect himself - like getting out of the house and running to the neighbors. But yeah .. his answer was more logical than many adults I know.
     
  10. AtlPhilip

    AtlPhilip Proud GCO member.

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    I'll bet you a cheeseburger he knows.
     
  11. Taurus92

    Taurus92 Well-Known Member

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    :-$ As long as his wife's happy with their agreement.
     
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  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    At what age are you going to disclose this? My children have never known anything other than that their Dad carries all of their lives.
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    5 Guys or McDonalds?
     
  14. Schweisshund

    Schweisshund Active Member

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    Probably when they can differentiate between what is a toy and what is real. They still play wrestle and end up hurting each other by accident. I guess when they start asking me questions that show considerable thought.
     
  15. Smilodon

    Smilodon Member

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    The burglar would be buried in those thick woods behind the house.
     
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