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Discussion Starter · #1 ·
The recently enacted SB396 sez:
16-3-24.2.
A person who uses threats or force in accordance with Code Section 16-3-21, 16-3-23, 16-3-23.1, or 16-3-24 shall be immune from criminal prosecution therefor unless in the use of deadly force, such person utilizes a weapon the carrying or possession of which is unlawful by such person under Part 2 or 3 of Article 4 of Chapter 11 of this title.
What piece of code is this? I'm confused by their language (surprise, surprise).
 

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"This title" is title 16, which is the Criminal Code. Chapter 11 is offenses against public order (where the gun crimes are). Parts 2 or 3 of article 4 refer to the area in chapter 11.

Article 4 is dangerous instrumentalities and practices. Parts 2 and 3 have their titles, too, but essentially include 16-11-120 through 134.

:wink:
 

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In other words, you can still be prosecuted (i.e., no immunity from prosecution) if you were breaking sections 120 through 134 at the time, such as, say if you defended a 12 year old girl who was about to be gang raped during an armed robbery at Applebees (since that is a public gathering under section 127).

If the use of force was legal, you will probably still be acquitted of that charge, but immunity (say, if it occurred next door at Eckerd's instead of at Applebees) would probably prevent the DA from bringing the charge in the first place.

None of this matters for two weeks anyway.
 

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Discussion Starter · #4 ·
Malum Prohibitum said:
In other words, you can still be prosecuted (i.e., no immunity from prosecution) if you were breaking sections 120 through 134 at the time, such as, say if you defended a 12 year old girl who was about to be gang raped during an armed robbery at Applebees (since that is a public gathering under section 127).
That's where I was going with this.

So a "good shoot" could still occur at a "public gathering." Of course, I don't want to be the test case of someone who gets no-billed for murder but then charged with the misdemeanor of carrying at the "public gathering."

Well...

I'd rather be fighting a misdemeanor than watching my wife get assaulted in the parking lot of the steak house...
 

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Yeah, there is nothing to prevent the "public gathering" charge in any event. What an immoral and offensive law.
 

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Next thing you know a GFL holder will be charged because the five gang members that tried to rob and assault him constitued a public gathering since they gathered at a specific spot with the same purpose. (to rob and assault someone)
 

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hush, don't give the da anymore ideas.
 
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