Felon Charged After Self-Defense Shooting

Discussion in 'Georgia In the News' started by Phil1979, Jan 22, 2018.

  1. Phil1979

    Phil1979 Member Georgia Carry

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  2. Smilodon

    Smilodon Active Member

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    I don't know, but I support letting felons have guns. If I can't trust you with a gun, then I don't trust you period.
     
    AtlPhilip likes this.

  3. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    The key word there is any:
    Title 16 - CRIMES AND OFFENSES
    Chapter 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY
    Article 4 - DANGEROUS INSTRUMENTALITIES AND PRACTICES
    Part 3 - CARRYING AND POSSESSION OF FIREARMS


    O.C.G.A. 16-11-125 Burden of proof as to exemptions

    O.C.G.A. 16-11-125.1 Definitions

    O.C.G.A. 16-11-126 Having or carrying handguns, long guns, or other weapons; license requirement; exceptions for homes, motor vehicles, private property, and other locations and conditions

    O.C.G.A. 16-11-127.1 Carrying weapons within school safety zones, at school functions, or on a bus or other transportation furnished by a school

    O.C.G.A. 16-11-127.2 Weapons on premises of nuclear power facility

    O.C.G.A. 16-11-128 Carrying pistol without license

    O.C.G.A. 16-11-129 Weapons carry license; temporary renewal permit; mandamus; verification of license

    O.C.G.A. 16-11-130 Exemptions from Code Sections 16-11-126 through 16-11-127.2 O.C.G.A. 16-11-130.1
    Allowing personnel to carry weapons within certain school safety zones and at school functions

    O.C.G.A. 16-11-130.2 Carrying a weapon or long gun at a commercial service airport

    O.C.G.A. 16-11-131 Possession of firearms by convicted felons and first offender probationers

    O.C.G.A. 16-11-132 Possession of handgun by person under the age of 18 years

    O.C.G.A. 16-11-133 Minimum periods of confinement for persons convicted who have prior convictions

    O.C.G.A. 16-11-134 Discharging firearm while under the influence of alcohol or drugs

    O.C.G.A. 16-11-135 Public or private employer's parking lots; right of privacy in vehicles in employer's parking lot or invited guests on lot; severability; rights of action

    O.C.G.A. 16-11-136 Restrictions on possession, manufacture, sale, or transfer of knives

    O.C.G.A. 16-11-137 Required possession of weapons carry license or proof of exemption when carrying a weapon; detention for investigation of carrying permit

    O.C.G.A. 16-11-138 Defense of self or others as absolute defense


    It would appear, at first glance at least, that a good defense attorney could get any state charges for a felon in possession of a weapon (16-11-131) dropped although that may not help any federal charges.....

    ETA: if the charge for felony murder is related to the death of Troris Murphy, then the police aren't seeing this as self defense. If that plea is found proven, then I imagine the 16+11-131 would be dropped (as it's contingent on the homicide to be found justified).
     
    Last edited: Jan 22, 2018
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    The key word here is self defense . . . it's doubtful all three of these charges would have been leveled against him if this were a clear cut case of self defense. The real story is probably much more "grey" than black or white.
     
    Phil1979 likes this.
  5. HCountyGuy

    HCountyGuy Well-Known Member

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    If the collective here has learned anything over the years, it’s that those tasked with enforcing the laws (from the patrolmen all the way up to judges) don’t always have a thorough understanding of all the particulars of the law. He might be charged, but who’s to say if he’ll be convicted.

    I’m interested in the details we don’t know yet.

    And I concur with sentiment that if you can’t be trusted with your rights, you ought to be in prison, in a psyche ward or dead.
     
    Ronnie likes this.
  6. diamondback

    diamondback Well-Known Member

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    I make that argument when people say felons should vote. I don't agree with either but I find it ironic how many people think felons should vote but would not want them armed or living next to them or dating their daughter.
     
    UtiPossidetis likes this.
  7. Mrs_Esterhouse

    Mrs_Esterhouse Swollen Member

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    If they are safe enough to walk next to my kid in the mall, they are safe enough for guns. If not, they should not be out of jail.
     
  8. Craftsman

    Craftsman Well-Known Member

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    Most misnamed "stand your ground" legislation focused on a rapid hearing to determine whether self defense actually applies to the situation, thus ending a malicious prosecution as soon as possible. Unless he has had such a hearing, the prosecution can pursue any charges they feel are justified by the evidence. If self defense applies, you are done. If it doesn't, then you aren't playing catch-up.
     
  9. GAfirearmsReference

    GAfirearmsReference Weapons Law Booklet

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    I don’t read 16-11-138 as to give a blank check to break any gun law you feel like, so long as it’s not discovered by the authorities until you use the gun in lawful self-defense.

    Instead, common sense (and my speculation as th the legislative intent here) says this law means that WHEN, or AFTER you see the need to use a weapon in lawful defense of self or others, THEN you can carry in in a manner and location that wouldn’t normally be legal.


    But if you were breaking a gun law prior to a self-defense incident developing, you can be arrested and prosecuted for that.
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    "Part 2" is only "Possession of Dangerous Weapons," OCGA 16-11-120 through 125, not Part 3.

    The person arrested used a pistol, not a bazooka.
     
  11. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    No one that I know of has said it's a carte blanche permission to violate any portion of the Georgia Code that one feel like. It specifically gives defense of self of others as an absolute defense to a very specific portion of the Georgia Code, and that portion Only.

    To me, that means if Mr Felon is illegally carrying a firearm or weapon and uses such to defend his or another innocent life he may not be charged with a violation of the GA Code (16-11-120 through 16-11-137, inclusive). If Mr. Felon was carrying a pistol for defense for a year and the only time it was used was to defend Mrs. McGillicuddy from someone threatening her life, then I have no problem with him NOT being charged as a felon in possession of a firearm. Had he not had it in his possession then Mrs. McGillicuddy would likely be dead.
    Now, if he carries the same firearm the next day and it falls out of his belt in the presence of a law enforcement officer (fer instance) ... then all bets are off and 16-11-131 applies as always.
     
  12. GAfirearmsReference

    GAfirearmsReference Weapons Law Booklet

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    What you're suggesting is a rule of evidence that would say, basically, that evidence of a gun-carry crime shall not be used in any criminal case when the state would not have learned of the violation but for the armed person using or displaying that weapon in lawful defense of self or others.

    That's probably a good law to have, and it would enhance public safety by encouraging even technical felons to get involved in stopping much more serious felonies in progress, BUT I don't think that's what this law does.

    The way I read it, I'm drawing an inference that FIRST you have to perceive that a gun is necessary to deal with some threat to an innocent person's safety, and THEN you can go head and break any gun possession law, or violate any state "gun-free zone" at any sort of facility, to save yourself or others.

    But if you'd been carrying the gun illegally well before the incident came up, you're open to be prosecuted for it.