so you'd of pulled your gun on him if you had it on you at the time? pretty sure that could of turned ugly for you as it didn't sound like your life was in any type of danger other than some hurt feelings.
I'm taking a wild guess here... solely within the threshold of your unit. Ideally, you would have not confronted him and simply called the fuzz to report a suspicious character on secured, private property. You didn't witness a crime so not sure what you could hold him for while the fuzz arrives. I think you could, at most, be a good witness and possibly follow the man out while on the phone with the fuzz to help them find him.jklotz said:I am still curious - does the castle doctrine apply to common areas of a condo, such as a secured hallway or garage, or is it solely within the threshold of my unit's front door?
JMO, but this goes hand in hand with, don't start something if you're not prepared for the consequences. If the trespasser had produced a weapon after being called out, it would have been pretty embarrassing to have to run for your life. Best to remain silent and call the cops from the condo.jreXD9 said:THE question is why didn't you have your weapon on you?
Thanks for the replies. In retrospect, I think I did the right thing. I couldn't sit in my condo and let some drugged out looney wander through our building while I waited on the cops. He was obviously there to steal, panhandle, intimidate, destroy property, case the place and who knows what else. He had already broken the law - breaking and entering, trespassing, tried to start a fire on a wood deck (isn't that arson?) - he had to be dealt with. Who knows how long it would have taken the cops to get there.pml said:JMO, but this goes hand in hand with, don't start something if you're not prepared for the consequences. If the trespasser had produced a weapon after being called out, it would have been pretty embarrassing to have to run for your life. Best to remain silent and call the cops from the condo.jreXD9 said:THE question is why didn't you have your weapon on you?
FIFYjklotz said:pml said:I also find it interesting how it happened when I least expected it, in a secure area, late morning and all that. Guess one can never let their guard down [s:1enk6z4w]when they live a mile from Vine City[/s:1enk6z4w] PERIOD....
I think you misunderstand the "castle doctrine" in Georgia. In some states, one must retreat before using force or sometimes just deadly force. Some of those states have made an exception while in one's own home, calling it the "castle doctrine."jklotz said:I am still curious - does the castle doctrine apply to common areas of a condo, such as a secured hallway or garage, or is it solely within the threshold of my unit's front door?
+1 The only time a firearm should be presented is when the threat of deadly force is imminent. Pulling a firearm on someone simply because you feel they "aren't acting right" is extrememly unjustified, and you would have probably gone to jail. We don't carry to intimidate or force our will on others. We carry to protect the lives of ourselves and others. Judging by the OP, I didn't see that any real threat was present.Malum Prohibitum said:I think you misunderstand the "castle doctrine" in Georgia. In some states, one must retreat before using force or sometimes just deadly force. Some of those states have made an exception while in one's own home, calling it the "castle doctrine."jklotz said:I am still curious - does the castle doctrine apply to common areas of a condo, such as a secured hallway or garage, or is it solely within the threshold of my unit's front door?
Georgia has never had a duty to retreat before using force, ever, regardless of whether you are in your living room or wandering around a park. The law that passed recently was merely a codification of the common law that has been in existence in Georgia dating back to the time when the courts served King George, and probably before that. The new law did add an immunity provision, which strengthened the concept, but "castle doctrine" really has no application here, as Georgia does not distinguish between your castle and anywhere else when it comes to a duty to retreat, or, in this case, the lack of such a duty.
I will say that given the way this came out, I am glad you were unarmed, as introducing a weapon would not have been justified and could have resulted in your arrest. I think you need to study the law on self defense a little more. It might help to take some training classes. There are several that are GCO Corporate Sponsors and can be found over there. Most will address when it is appropriate and legal in Georgia to draw and present.