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Discussion Starter · #1 ·
How about "ain't supposed to be there - period?" Have any of you read this stuff? I don't have enough bread crumbs to find my way back. It's so bad GAPacking tried a plain english version but adds the disclaimer that it isn't intended to substitute for the actual law - whatever it actually is. I've come to the conclusion we can have our firearms but we can't have them everywhere and if we use them there is far more opportunity in the legal language to be prosecuted than to be acquitted - because "justified" is just an opinion as is "having reason to believe." We use cool phrases like Castle Law and No Duty To Retreat and Stand Your Ground to give us warm fuzzies about actually being able to employ our 2nd Amendment right and the privilege GA grants its law abiding citizens but, draw your weapon for good cause or discharge it for the same and see what happens - you will forfeit your firearm (hopefully temporarily) and be processed as a criminal - afterall, it is the criminal justice system. Oh, and bring your checkbook and maybe a small file, you might need that later because your chances may be 50/50 for a favorable outcome. Georgia firearms laws appear to be better than many states but make no mistake, the laws are craftily designed to discourage their use outside of law enforcement and to make an unpleasant experience even for the justified.

So the question of the day is: If someone has the bad habit of leaving their house unlocked and an intruder enters freely (no forced or violent entry), is the homeowner justified in shooting when she realizes there is an intruder on the second floor of her home, where she is now? Does the scenario change if the homeowner is a man?
 

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There have been many times where someone has defended themself inside and outside of their home and not been charged with anything. viewtopic.php?f=29&t=4951

Opening a door, even when it's unlocked, is still using force to enter.
 

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Junior Butt Warmer
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O.C.G.A. § 16-3-23
Use of force in defense of habitation

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.
O.C.G.A. § 16-7-1

a) A person commits the offense of burglary when, without authority and with the intent to commit a felony or theft therein, he enters or remains within the dwelling house of another or any building, vehicle, railroad car, watercraft, or other such structure designed for use as the dwelling of another or enters or remains within any other building, railroad car, aircraft, or any room or any part thereof. A person convicted of the offense of burglary, for the first such offense, shall be punished by imprisonment for not less than one nor more than 20 years. For the purposes of this Code section, the term 'railroad car' shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property.

(b) Upon a second conviction for a crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than two nor more than 20 years. Upon a third conviction for the crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than five nor more than 20 years. Adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld for any offense punishable under this subsection.
O.C.G.A. § 16-3-21
Use of force in defense of self or others; evidence of belief that force was necessary in murder or manslaughter prosecution

(a) 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 defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.
 

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I've read lots and lots of cases of people using firearms to legally defend themselves in GA and I can't recall too many that included wrongful prosecution (pretty sure that would make the active topics list on this site). There are stories where the shooter simply made a statement, was free to go and never heard much else about the incident.

There are actually laws on the books to protect people against prosecution and lawsuits in the event of a justified use of force in GA.

I would say if you ever have to use your weapon to stop a forcible felony than you have a 90/10 chance of a positive outcome not 50/50.

Oh yeah, :welcome:
 

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Junior Butt Warmer
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dcannon1 said:
There are actually laws on the books to protect people against prosecution and lawsuits in the event of a justified use of force in GA.
O.C.G.A. § 16-3-24.2
Immunity from prosecution; exception

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.
 

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Discussion Starter · #6 ·
A lot of good scripture quoting - but in the end it boils down to a majority opinion and unfortunately, it isn't yours. It will be the opinion of the grand jury or a jury of your peers. Be careful when quoting scripture - the devil is in the details. Thanks for letting me bend your ear and thanks for the responses. I will challenge you in the future....cheers!
 

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Lt Dan said:
A lot of good scripture quoting - but in the end it boils down to a majority opinion and unfortunately, it isn't yours. It will be the opinion of the grand jury or a jury of your peers. Be careful when quoting scripture - the devil is in the details. Thanks for letting me bend your ear and thanks for the responses. I will challenge you in the future....cheers!
Are you saying the words in the law have no weight?
 

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A lot of the defensive stories end up with no charges getting pressed, which I would assume means no court appearance. (At least in my case I haven't heard anything about needing to go to court)
 

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Lt Dan said:
A lot of good scripture quoting - but in the end it boils down to a majority opinion and unfortunately, it isn't yours. It will be the opinion of the grand jury or a jury of your peers. Be careful when quoting scripture - the devil is in the details. Thanks for letting me bend your ear and thanks for the responses. I will challenge you in the future....cheers!
Most GA defensive shootings never go to a grand jury, or any other jury for that matter.
 

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Lt Dan said:
It's so bad GAPacking tried a plain english version but adds the disclaimer that it isn't intended to substitute for the actual law - whatever it actually is.
This is because it's not legal to give legal advise in GA without a license.
 

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Lt Dan said:
If someone has the bad habit of leaving their house unlocked and an intruder enters freely
We never leave our doors unlocked unless it's the back door and the dog is out in the yard (and you really don't want to run into him if you haven't been invited...). But even with him inside, we never ever do that.

Shame you have to be that way but that's life in today's society. Has been for years.
 

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I guess he hasn't read the topic from an actual person here, came home ot his apartment to find someone was piling his stuff up in the center of the house to come back to take later. Guy gets home finds it, clears his house, and hears someone coming through the window, puts several into the chest with an (AR?) and watches the guy die right on his living room floor. Calls 911 while the guy was taking his last breath, cops arrive get his statement, never touches his guns, picks up the body and leaves. Which is ultimately how each and every one of us hope it would go if we were ever in the situation. Face the facts bub, we have a good motto here on GPDO, you will hear it a million times and a million more:

Rather be judged by 12 than carried by 6

If I feel I'm in danger enough to pull the smoke wagon and make someone expire, I did it for a very valid reason and that may not match up with what the cops think but I'll be alive to give my version and the perp won't have a say. Catch my drift bub? I don't partake in illegal activities, so I shouldnt find myself putting myself in a dangerous situation such as a drug deal or something. Me killing another human being is because that person brought me into his dangerous life. I'll be the one to explain my side to the cops, I doubt whom ever is on the receiving end of my beautiful toe rings will have that priviledge.
 

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TippinTaco said:
I guess he hasn't read the topic from an actual person here, came home ot his apartment to find someone was piling his stuff up in the center of the house to come back to take later. Guy gets home finds it, clears his house, and hears someone coming through the window, puts several into the chest with an (AR?) and watches the guy die right on his living room floor. Calls 911 while the guy was taking his last breath, cops arrive get his statement, never touches his guns, picks up the body and leaves. Which is ultimately how each and every one of us hope it would go if we were ever in the situation. Face the facts bub, we have a good motto here on GPDO, you will hear it a million times and a million more:

Rather be judged by 12 than carried by 6

If I feel I'm in danger enough to pull the smoke wagon and make someone expire, I did it for a very valid reason and that may not match up with what the cops think but I'll be alive to give my version and the perp won't have a say. Catch my drift bub? I don't partake in illegal activities, so I shouldnt find myself putting myself in a dangerous situation such as a drug deal or something. Me killing another human being is because that person brought me into his dangerous life. I'll be the one to explain my side to the cops, I doubt whom ever is on the receiving end of my beautiful toe rings will have that priviledge.
phaed. It was with an underfolder SKS. He was on the phone with 911 the whole time and the reason he shot immediately was that all of his other guns had already been stolen by the guy, so he assumed the burglar to be armed. Could have helped his case that he was an active duty (army?) officer at the time. But, yeah, usually in GA if you shoot a burglar in your home you're good. Now if you know the person, they're regularly at your house, etc, you got some splainin to do.
 

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dcannon1 said:
TippinTaco said:
I guess he hasn't read the topic from an actual person here, came home ot his apartment to find someone was piling his stuff up in the center of the house to come back to take later. Guy gets home finds it, clears his house, and hears someone coming through the window, puts several into the chest with an (AR?) and watches the guy die right on his living room floor. Calls 911 while the guy was taking his last breath, cops arrive get his statement, never touches his guns, picks up the body and leaves. Which is ultimately how each and every one of us hope it would go if we were ever in the situation. Face the facts bub, we have a good motto here on GPDO, you will hear it a million times and a million more:

Rather be judged by 12 than carried by 6

If I feel I'm in danger enough to pull the smoke wagon and make someone expire, I did it for a very valid reason and that may not match up with what the cops think but I'll be alive to give my version and the perp won't have a say. Catch my drift bub? I don't partake in illegal activities, so I shouldnt find myself putting myself in a dangerous situation such as a drug deal or something. Me killing another human being is because that person brought me into his dangerous life. I'll be the one to explain my side to the cops, I doubt whom ever is on the receiving end of my beautiful toe rings will have that priviledge.
phaed. It was with an underfolder SKS. He was on the phone with 911 the whole time and the reason he shot immediately was that all of his other guns had already been stolen by the guy, so he assumed the burglar to be armed. Could have helped his case that he was an active duty (army?) officer at the time. But, yeah, usually in GA if you shoot a burglar in your home you're good. Now if you know the person, they're regularly at your house, etc, you got some splainin to do.
yep it was Phaed. Pulled the topic. Again INAL but if theres only one side of the story and you tell the truth and the scene supports your story, I dont see you having issues. It would be weird telling 911 you're about to plug someone though...
 

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TippinTaco said:
Again INAL but if theres only one side of the story and you tell the truth and the scene supports your story, I dont see you having issues. It would be weird telling 911 you're about to plug someone though...
And yet... that is exactly what happens sometimes....

http://www.cbsnews.com/stories/2009/12/09/earlyshow/main5949873.shtml

and....
According to the local district attorney's office, Jackson won't be charged with a crime. During the call, the 911 operator told Jackson it was legal for her to defend her home.
 

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dunkel said:
Underfolder SKS?
phaed said:
i then went to a spot where i kept an SKS hidden (folding poly stock, 30 rnd mag). i locked and loaded the weapon and immediately dialed 911. i talked to the dispatcher on my cell phone in my left hand. i pistol-carried the SKS in my right...clearing my house room to room.
I thought I remembered it was an underfolder stock, but it was probably a side folding stock looking at that language.
viewtopic.php?f=29&t=4951
 

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That makes sense. I thought the idea of an underfolder SKS sounded pretty cool, though.
 

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TippinTaco said:
dcannon1 said:
TippinTaco said:
I guess he hasn't read the topic from an actual person here, came home ot his apartment to find someone was piling his stuff up in the center of the house to come back to take later. Guy gets home finds it, clears his house, and hears someone coming through the window, puts several into the chest with an (AR?) and watches the guy die right on his living room floor. Calls 911 while the guy was taking his last breath, cops arrive get his statement, never touches his guns, picks up the body and leaves. Which is ultimately how each and every one of us hope it would go if we were ever in the situation. Face the facts bub, we have a good motto here on GPDO, you will hear it a million times and a million more:

Rather be judged by 12 than carried by 6

If I feel I'm in danger enough to pull the smoke wagon and make someone expire, I did it for a very valid reason and that may not match up with what the cops think but I'll be alive to give my version and the perp won't have a say. Catch my drift bub? I don't partake in illegal activities, so I shouldnt find myself putting myself in a dangerous situation such as a drug deal or something. Me killing another human being is because that person brought me into his dangerous life. I'll be the one to explain my side to the cops, I doubt whom ever is on the receiving end of my beautiful toe rings will have that priviledge.
phaed. It was with an underfolder SKS. He was on the phone with 911 the whole time and the reason he shot immediately was that all of his other guns had already been stolen by the guy, so he assumed the burglar to be armed. Could have helped his case that he was an active duty (army?) officer at the time. But, yeah, usually in GA if you shoot a burglar in your home you're good. Now if you know the person, they're regularly at your house, etc, you got some splainin to do.
yep it was Phaed. Pulled the topic. Again INAL but if theres only one side of the story and you tell the truth and the scene supports your story, I dont see you having issues. It would be weird telling 911 you're about to plug someone though...
dcannon posted the link to the thread. Didn't he lose his gun for a little while?
 
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