GA Law and the Castle Doctrine

Discussion in 'Georgia In the News' started by luangtom, Dec 7, 2010.

  1. luangtom

    luangtom Active Member

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    The Gainesville Times has record of a home-invasion in West Hall County. There is a section for comments at the end of the article. One respondent says the DA office told him that home-owners cannot defend themselves, under GA law, unless they are attacked first. Am I correct is thinking that the DA office is incorrect and that GA law allows the home-owner to defend themselves without being a victim first?

    Does GA not have a Castle Doctrine, whereas the home-owner can protect self and family without first being a victim?
     
  2. mountainpass

    mountainpass Under Scrutiny

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    Yes GA has Castle Doctrine.
     

  3. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    The general rule is that you have to fear for your safety (or the safety of a third party) to use deadly force.
    If somebody does a home invasion robbery on an occupied home, it is totally reasonable to believe that the robbers present a clear and present danger to the lawful occupants. You have a green light to hose 'em down with buckshot.

    But what if you are out mowing your lawn 50 meters from your house, your M4 short barreled carbine slung over your shoulder, and your house is empty. You're the only one home, and you're not in the house. You see a couple of hoodlums, total strangers to you, break out one of your windows and start climbing-in.

    Can you unsling your carbine and put the red dot on his back and end this burglary (a serious felony) with a bullet?

    Even if #3 in the law quoted above seems to indicate so, I would not do it. Too much risk of being prosecuted and having to spend tens of thousands of dollars defending yourself.
     
  4. luangtom

    luangtom Active Member

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    Thank you for the Code. I will pass this on to the contributor in the Times.
     
  5. yxhpxfw

    yxhpxfw New Member

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  6. luangtom

    luangtom Active Member

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