Question about engaging a BG?

Discussion in 'General GWL Questions' started by Dan H, Mar 23, 2007.

  1. Dan H

    Dan H New Member

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    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.
     
  2. geaux_tigers

    geaux_tigers Member

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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.

    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:
     

  3. Broadside Bob

    Broadside Bob New Member

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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.