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Discussion Starter · #1 ·
I understand the purpose of carrying is to protect oneself when you feel that your life may be endangered.

With that said, suppose I am at a store/gas station or whatever and I witness an attempted robbery with a BG with a gun pulled on someone. At what point are you in the right to engage the BG? Must you give a verbal warning before opening fire if you felt that unless you do, someone may be killed or is no warning needed?

If at any time a BG pulls a gun on anyone Im guessing its fair game to engage them as to not risk someone innocent getting hurt correct?

What about if they had just a knife? Is this grey area?

I guess my question stems from a legal standpoint being that if I ever was faced with that situation, I wouldnt want to overreact or do something in someone elses defense that would put me in jail instead.

Please advise.

Also, I am new here, however have been visiting here for some time now for knowledge. I recently applied for my GFL about a month ago.

Thanks, just trying to learn as much as possible.
 

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The statutes provide an for an affirmative defense when force is threatened or used justifiably. This means that you can be charged with a crime and jailed, but that you have a valid defense to offer.

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
http://www.georgiapacking.org/GaCode/?t ... section=21

I think there is a thread around here that had some discussion about how far a charge that has an affirmative defense might be pursued.

I have seen nothing in the statues that creates an explicit burden to provide a verbal warning. As long as the "reasonable person" burden is met, I would imagine you're ok. I think that its worth noting that the threat of force is included as well.

:ianal:
 

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Couple of other (semi-non-legal) things to consider...

I think your question stipulated that the victim's life was in imminent danger. Probably not a good idea to engage the bad guy over a few hundred dollars of someone else's money. Be a good witness and save yourself the trauma and legal hassles of dealing with the aftermath of a shooting (even if it was legal, moral, and you eventually are cleared).

Probably the biggest thing to worry about is being mistaken for a bad guy yourself. What happens if another permit holder or a cop witnesses the incident and shoots you after mistaking you for a bad guy? Obviously, much less of a concern when it was your life in danger in the first place.

Remember the cop on cop shooting in Orlando prior to a football game in the fall of '05? Uniform cop did not realize that an undercover cop holding "suspects" at gun point was a cop, then shot and killed him. From what I remember, there was some question as to whether the undercover cop was justified in drawing (suspects were unruly, drunk tailgaters), but still you get the idea.
 
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