Use of deadly force if someone tries to take your car but you have a gun or two in th

Discussion in 'Off-topic' started by johnski, Mar 18, 2017.

  1. johnski

    johnski Well-Known Member

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    Ok so in Georgia you can not use deadly force if someone jumps in your car and tries to steal it. What if you had placed a loaded gun behind the seat/glove box/etc.? The carjacker is now in "posession" or attempting to gain possesion of you weapons inside the car, whether he knows they are there or not??? Deadly force useable in such a case or must you let the perp take your car (just property) and guns (deadly weapons). ???
     
  2. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    O.C.G.A. 16-3-23 (2010) Use of force in defense of habitation

    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 prevent or terminate such other's unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
    (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. 16-3-24 Use of force in defense of property other than a habitation
    a) A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with real property other than a habitation or personal property:
    (1) Lawfully in his possession;
    (2) Lawfully in the possession of a member of his immediate family; or
    (3) Belonging to a person whose property he has a legal duty to protect.​
    (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.​

    Is one's automobile a 'habitation' per the Georgia Code?

    16-3-24.1. Habitation and personal property defined
    As used in Code Sections 16-3-23 and 16-3-24, the term "habitation" means any dwelling, motor vehicle, or place of business, and "personal property" means personal property other than a motor vehicle.
     
    Last edited: Mar 18, 2017

  3. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    I don't think you can call the bad guy "armed" based on a hidden gun in your car they he doesn't know about.

    As far as pointed out above the use of deadly force to prevent a forcible felony or an attack upon a habitation, which includes a vehicle, might apply.

    The key question would be is it necessary to use that level of force .
     
  4. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    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 prevent or terminate such other's unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

    (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;

    Material de-emphasized for succinctness.

    You must be protecting yourself or an innocent third party, not playing any probability game of 'what might happen if....'
     
  5. Don27

    Don27 Member

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    Isn't a vehicle an extension of your home when your in it?

    On a side note, why would you give up your vehicle to an unarmed person? Are you initially in the vehicle?
    Or in this "what if", are you just observing someone about to break into your unattended vehicle, that happens to have a weapon?
     
  6. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    As to the 'what if you are just observing breaking into your uninhabited home, that happens to have a weapon?' I would think the answer is the same.
    - Is it in a violent and tumultuous manner AND
    - is there a basis for a reasonable belief that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein?

    If the vehicle, dwelling or place of business is uninhabited then the second element of the crime is definitely missing.
     
  7. TITAN308

    TITAN308 :) :) :)

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    This can't be answered broadly because of variables.

    1.) You are standing behind the car and they steal it and drive it in the opposite direction as you. No, no you can't. That or you better be able to convince a judge and jury why you can.

    2.) You back into a parking spot. The rear is blocked by a retaining wall and you are standing in front of it when they steal it and begin driving towards you. Yes, you can.

    3.) Insert any other possible scenario; answer could be yes or no.
     
  8. AtlPhilip

    AtlPhilip Proud GCO member.

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    No, it is an occupied habitation.