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Discussion Starter · #1 ·
It sounds to me like the way GA law reads if an intruder breaks into your house and they are ransacking the place but they have not threatened you (maybe they don't even realize your home), you cannot use your weapon until they actually threaten to harm you. What are you supposed to do, sit there an watch them until they produce a gun. What if you come home to find an intruder in hour house and they don't have a weapon (or haven't produced one because you weren't home).
http://www.georgiapacking.org/GaCode/?title=16&chapter=3&section=23
 

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O.C.G.A. § 16-3-23 said:
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:

(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;

(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; or

(3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.
Last time I checked burglary is a felony.

I am not a lawyer, this is not legal advice.
 

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DeputyDawg said:
It sounds to me like the way GA law reads if an intruder breaks into your house and they are ransacking the place but they have not threatened you (maybe they don't even realize your home), you cannot use your weapon until they actually threaten to harm you. What are you supposed to do, sit there an watch them until they produce a gun. What if you come home to find an intruder in hour house and they don't have a weapon (or haven't produced one because you weren't home).
http://www.georgiapacking.org/GaCode/?title=16&chapter=3&section=23
If I can back out and call the cops, that's what I'm doing.
Then again if I lived out in a remote area the answer would be more direct action oriented.

I've spent way too much this year already on lawyers, a lifetime's worth.
 

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I think it's a perfectly reasonable assumption that anyone breaking into your home is prepared to harm anyone they come in contact with during the act. I personally would feel that my life was in danger and would eliminate the threat without waiting around to see if they pull a gun or other weapon. I'm not going to just retreat and the law does not require me to do so.

Also NAL so don't take this as legal advise.
 

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A person doesn't necessarily need a gun or any weapon for that matter, to be dangerous.
A person's life can be threatened, even if that threat is absent a weapon.
 

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rejart said:
I think it's a perfectly reasonable assumption that anyone breaking into your home is prepared to harm anyone they come in contact with during the act. I personally would feel that my life was in danger and would eliminate the threat without waiting around to see if they pull a gun or other weapon. I'm not going to just retreat and the law does not require me to do so.

Also NAL so don't take this as legal advise.
:righton:
 

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rejart said:
I think it's a perfectly reasonable assumption that anyone breaking into your home is prepared to harm anyone they come in contact with during the act. I personally would feel that my life was in danger and would eliminate the threat without waiting around to see if they pull a gun or other weapon. I'm not going to just retreat and the law does not require me to do so.

Also NAL so don't take this as legal advise.
^This^
 

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what rejart said.....
that's what I think, too.

I suppose there might be a few rare circumstances where a burglar might not be in any position to hurt me, and then I would not shoot him just to stop the felony crime in progress or stop him from successfully escaping the scene of the crime.
But I'll bet most of the time, an intruder who commits a burglary of an occupied home IS, per se, a danger to the lives and safety of the occupants of that home.
 

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Discussion Starter · #10 ·
gunsmoker said:
what rejart said.....
that's what I think, too.

I suppose there might be a few rare circumstances where a burglar might not be in any position to hurt me, and then I would not shoot him just to stop the felony crime in progress or stop him from successfully escaping the scene of the crime.
But I'll bet most of the time, an intruder who commits a burglary of an occupied home IS, per se, a danger to the lives and safety of the occupants of that home.
I've always heard that if they are on the way out the door and you shoot them, better drag them inside
 

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Discussion Starter · #11 ·
dcannon1 said:
O.C.G.A. § 16-3-23 said:
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:

(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;

(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; or

(3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.Last time I checked burglary is a felony.
Just some food for thought: I wonder if you or I had accidently left the door unlocked and someone waltzed in or, say, you came home and they were in your house burglarizing it but the entry wasn't forced because you inadvertently left the door unlocked would you still be justified in responding with force since the entry wasn't violent or forced as stipulated in item 1 and 2.
 

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DeputyDawg said:
dcannon1 said:
O.C.G.A. § 16-3-23 said:
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:

(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;

(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; or

(3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.Last time I checked burglary is a felony.
Just some food for thought: I wonder if you or I had accidently left the door unlocked and someone waltzed in or, say, you came home and they were in your house burglarizing it but the entry wasn't forced because you inadvertently left the door unlocked would you still be justified in responding with force since the entry wasn't violent or forced as stipulated in item 1 and 2.
Maybe someone can elaborate on which of 1, 2, 3 are required together. There is an OR after 2.

So is it:
1 AND (2 OR 3)
(1 AND 2) OR 3
1 OR 2 OR 3
 
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DeputyDawg said:
dcannon1 said:
O.C.G.A. § 16-3-23 said:
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:

(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;

(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; or

(3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.Last time I checked burglary is a felony.
Just some food for thought: I wonder if you or I had accidently left the door unlocked and someone waltzed in or, say, you came home and they were in your house burglarizing it but the entry wasn't forced because you inadvertently left the door unlocked would you still be justified in responding with force since the entry wasn't violent or forced as stipulated in item 1 and 2.
I believe the categories each are distinct and are written as they are primarily to cover the following scenarios:
1) I believe this one is written to cover domestic violence/family situations where an estranged family member who is not supposed to be there is a clear threat to others in the home. Applies also to strangers of course. The issue is the violent entry.
2) Addresses non-family members who have forcibly entered, with the presumption if they were brazen enough and willing to break into your home, then the invader is up to something heinous enough to warrant lethal force.
3) This last category is a little more broad, but trickier as well because no forced entry is required and it is conditioned on the reasonable belief not only that a felony is happening or nigh, but that the such force (i.e. lethal) is necessary to prevent it. Judgement/discernment comes even more into play here, as to the nature of the felony, IMO.
 
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