Is clubbing someone with a gun deadly force?

1049 Views 15 Replies 8 Participants Last post by gsusnake, Jul 30, 2007

Sine Nomen

Discussion Starter · Jul 27, 2007

I got to wondering how the law and LE would view striking someone with the butt of a pistol or long gun. Granted, a gun is a deadly weapon, and you would be using that weapon to assault someone, but in this case, it it used and is no more deadly than a broomstick or pipe wrench. Does it make any difference that it is also a fire arm? Any difference if it's loaded or not?

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gsusnake

· #7 · Jul 27, 2007

legacy38 said:
Sine Nomen said:

legacy38 said:

Deadly force is generally defined as force that is intended or likely to cause death.

Your question is hard to answer definitively as so much would be determined by interpretation of actions and intent as well as your justification.

Click to expand...

I guess I'm asking if it would be simple "Assault and Battery" or "Assault and Battery With A Deadly Weapon"

Click to expand...

Assault and Battery are completely separate charges in GA, and there are varying levels of each.

Assault with a deadly weapon would be Aggravated Assault.

Of course none of the above would apply if you were legally justified to use said force. :wink:

See 16-5-20 through 16-5-24 of the Georgia code.

If he was justified to use such force, wouldn't he be just as justified in pulling the trigger?

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gsusnake

· #16 · Jul 30, 2007

Tinkerhell said:
So be sure you tape it to the end of a baseball bat before you beat someone with your firearm.

:lol:

And make sure it's clear packing tape, not duct tape.

Gotta make sure it's in plain view.

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