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Discussion Starter #1
My question regards the GWL and its limits. I now you can use your firearm for self defense, where else do your boundaries exist. Such as catching someone in the process of theft, defending someone else if you encounter them in need, etc?
 

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The GWL extends boundries for carry, not so much for usage. When you can use a gun (lethal force really) is to stop or prevent a forcible felony. That law is independent of carry a weapon under the GWL.
 

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yes i did not mean lethal force necessarily, i simply meant as you put it prevention. If i stumbled upon someone breaking into my car, or someones car, house, etc, a person being harassed, if i pulled my weapon would i be in the wrong was mainly what my question was aiming at.
 

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IANAL. YMMV.

Only point your gun at someone if you are in fear of your life (or the life of another person). Only pull the trigger if you are in fear of your life (or the life of another person) and you have absolutely no other choice.

Again, YMMV. IANAL.
 

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Paczowski123 said:
yes i did not mean lethal force necessarily, i simply meant as you put it prevention. If i stumbled upon someone breaking into my car, or someones car, house, etc, a person being harassed, if i pulled my weapon would i be in the wrong was mainly what my question was aiming at.
To protect your car, you'd be wrong. Defense of another person is in need of more information. If I believed another person to be at risk for bodily harm or death, I would draw. I would not draw if someone were calling them names or threatening. See the difference?

Click on the "Gun Laws" at the top of this page. Commit them to memory.
 

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CountryGun said:
Paczowski123 said:
yes i did not mean lethal force necessarily, i simply meant as you put it prevention. If i stumbled upon someone breaking into my car, or someones car, house, etc, a person being harassed, if i pulled my weapon would i be in the wrong was mainly what my question was aiming at.
To protect your car, you'd be wrong. Defense of another person is in need of more information. If I believed another person to be at risk for bodily harm or death, I would draw. I would not draw if someone were calling them names or threatening. See the difference?

Click on the "Gun Laws" at the top of this page. Commit them to memory.
+1 The forcible felony issue is key. Lethal force (or threatening the use thereof) should only be used when you are in reasonable fear for your life or, potentially the life of another. It may be tempting to handle situations like you described yourself, but you risk elevating a situation to potentially lethal consequences. For a stolen car, etc., it just isn't worth it and it is too easy for you to be viewed the bad guy instead of the legitimate bad guy. Even if someone stormed into your house, it isn't an automatic "ok" to start shooting. You need to access each and every situation that you encounter (as much as possible) before introducing a weapon.

Technically, there is no brandishing law in GA, but if you haven't done everything you can to evade and/or diffuse a situation, then, legally, it can bring your actions into question (e.g. were you "looking for trouble") and you could make the situation worse (e.g. they produce a gun, start shooting, and some innocent bystander gets hurt).
 

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RedDawnTheMusical said:
Even if someone stormed into your house, it isn't an automatic "ok" to start shooting.
Sorry, but we do differ there, though I appreciate the support on the rest of the argument. If someone storms my house (invades), they're going to be DRT (dead right there). I do not have to prove anything other than they invaded my "castle". It makes no difference whether they are "armed" or not. If they have arms, they're dead! A man only needs hands, or for that matter a lethal kick to kill someone.
 

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CountryGun said:
RedDawnTheMusical said:
Even if someone stormed into your house, it isn't an automatic "ok" to start shooting.
Sorry, but we do differ there, though I appreciate the support on the rest of the argument. If someone storms my house (invades), they're going to be DRT (dead right there). I do not have to prove anything other than they invaded my "castle". It makes no difference whether they are "armed" or not. If they have arms, they're dead! A man only needs hands, or for that matter a lethal kick to kill someone.
Well "stormed" is probably a bad choice of words I used. I suspect that anyone that just storms into someone's home is risking a lot. I'm thinking more along the lines if someone simply entered, say if it was a "mentally challenged" person that came into your house thinking it was their's or those Kirby vacuum cleaner people that won't leave even after you let them in...
 

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Some reading material for you...

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.
O.C.G.A. § 16-3-23: Use of force in defense of habitation
(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. § 16-3-23.1: No duty to retreat prior to use of force in self-defense

O.C.G.A. § 16-3-24: Use of force in defense of property other than a habitation
(b) The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.
O.C.G.A. § 16-3-24.1: Habitation and personal property defined

O.C.G.A. § 16-3-24.2: Immunity from prosecution; exception
 

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Country Gun, you are absolutely right. If someone kicks in my door I am NOT going to wait around to see if they have a weapon or not. The very fact that they stormed my house gives me all the info I need about them. I have 4 little ones that I am responsible for their well being and safety. Someone invades my house it's game over irregardless of what their intentions are.
 

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harleymason said:
Country Gun, you are absolutely right. If someone kicks in my door I am NOT going to wait around to see if they have a weapon or not. The very fact that they stormed my house gives me all the info I need about them. I have 4 little ones that I am responsible for their well being and safety. Someone invades my house it's game over irregardless of what their intentions are.
Sorry to be an ass, but you were doing too much work...
 

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RedDawnTheMusical said:
The GWL extends boundries for carry, not so much for usage.
I disagree. The license makes carry and possession legal in public, and is an element of the crime for certain locations. A failure to have the license could make carry and possession illegal and therefore lose you immunity from civil and criminal prosecution, which makes a huge difference should you need to use it.
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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