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At what point can I use deadly force?
- Thread starter cooner
- Start date
I know that in many situations, the mere sight of a gun will result in a major reality check for the would be villain.
I know that the aggressive pan-handlers in Atlanta tend to leave you alone when they see you Open Carrying. Pretty funny...
I know that the aggressive pan-handlers in Atlanta tend to leave you alone when they see you Open Carrying. Pretty funny...
I don't want to trust my future to the opinion of a jury. If I use deadly force I want it to be in a situation that will never get me charged in the first place. I also think it is important for those of us that understand the law take every opportunity to express that information to the public because there are so many people that have potentially devastating misunderstandings about justifiable homicide. Training and preparation is in short supply with most gun owners, but knowing what the law is a simple matter of understanding. It is the easiest of the preparation to do.....if good information is supplied.
Nobody wants that. But people should accept that one way or another, there is probably going to be a jury involved. Even if the local prosecutor doesn't present the case to a grand jury and you never face a criminal jury, you are practically guaranteed to be the defendant in a civil suit. Whether or not that ever makes it in front of a civil jury will depend on either your willingness to settle or a judge's willingness to toss it.
I think the heart of your point was know and understand the law and make your decisions about use of force based on that knowledge. I agree 100%.
I think the heart of your point was know and understand the law and make your decisions about use of force based on that knowledge. I agree 100%.
Does the castle doctrine of Georgia not address entering a home uninvited? In this day and age, you'd be unwise to assume anything other than someone doing you grave harm by coming into your home uninvited.
I thought this law protected you criminally and civilly in the very unfortunate situation where you were forced to use lethal action.
I thought this law protected you criminally and civilly in the very unfortunate situation where you were forced to use lethal action.
I usually take a couple of roofies, down a half a bottle of bourbon and then make these decisions.
If someone enters my home at night I will believe they are there to hurt me or my family. I will not seek them out but if they come to me I will take the necessary measures to protect my family. I have run this scenario through my head so many times that I have a very sound plan to deal with it.
1. Call police
2. Loudly state that the police have been called and leave the house immediately.
3. If the intruder starts to head up the staircase after #2 he will not get to the top.
If you do these 3 simple steps you will keep yourself and your family safe both physically and legally.
The last thing you want to do is take another life. It takes a huge toll on a person, even when justified. Avoid the confrontation the best you can and always be prepared to defend yourself when you can't avoid it.
1. Call police
2. Loudly state that the police have been called and leave the house immediately.
3. If the intruder starts to head up the staircase after #2 he will not get to the top.
If you do these 3 simple steps you will keep yourself and your family safe both physically and legally.
The last thing you want to do is take another life. It takes a huge toll on a person, even when justified. Avoid the confrontation the best you can and always be prepared to defend yourself when you can't avoid it.
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We are on the same page. It just seems no matter how hard we try there are still a majority of gun owners that do not understand the law. It gets frustrating.
How fast did you drive to get to work the other day?
Just knowing the law does not ensure anyone will follow it. The reality is that most people who are buying guns have no intention of ever using it to defend themselves. They are not interested in the laws because the gun will only leave their house to go to the range and that will be few and far between.
The problem with the gun laws is that they are open to interpretation. Look at George Zimmerman. When the situation does arise to use a gun the adrenaline will be pumping and most people will just react. There is very little time to consider the legal ramifications at that moment. That is why I agree that you should know the law but go a step further and rehearse scenarios in your head and have an advanced plan in place. Of course, that plan should be based solidly on the law.
It does not give you the right to use deadly force just because someone enters your home. All it does is say you no longer have to leave your home, if you can do so safely, to avoid a deadly confrontation.
The interpretation of your term, "forced to use lethal action", is the key. The law has very strict guidelines as to what situation they will recognize as being that circumstance. In most cases the law will not consider simple uninvited entry into your home as creating that situation. There must be other factors involved before deadly force can be used. Just because some drunk walks through your front door at 3:00am does not give you the right to kill them. However, if you have confronted the drunk and they continue to approach you it changes the situation. Even if he does not have any ability or intent to cause harm you have reasonable cause to believe he does because he will not back off. It's not your responsibility to give the guy a breathalyzer test and interview him to determine his motives. On the other hand, if you ambush the guy without warning just because he's in your home you could have very serious criminal charges brought against you.
StateLine gave you "The List" earlier.
Ability
Opportunity
Jeopardy (Intent). The legal jargon for this is "Jeopardy", but in reality it is whether or not the person has the "Intent" to cause harm.
Before you pull the trigger you MUST have reasonable cause to believe ALL THREE of these things exist. These are the factors that the investigation will be looking for and if any one of them is not there you have a serious problem. Here are some examples of when one of them does not exist.
A man is five feet away from you with a gun in his hand. Shoot? Nope. He is walking into a gun shop for repairs. No intent.
A man is yelling threats at you with a knife in his had. Shoot? Nope. He is 30 yards away. No opportunity.
A person is saying they are going to kill you and is only five feet away. Shoot? Nope. You're a 6'4" 200 pound man and the person is a 100 pound unarmed woman. No ability.
Obviously these are extreme cases, but they demonstrate how these factors are considered in determining if deadly force was justified. In the real world these factors don't have to be nearly as extreme or obvious and the investigators are ALWAYS using perfect 20/20 hindsight to decide whether or not you committed a crime.
Part of a person's training should be running situations in your mind to become proficient at determining when all three of these exist in a confrontation and, even more importantly, when they DON'T. The first step in all of this is understanding and acceptance of this as the law. An investigator and the judge aren't going to give a damn whether or not you agree with it.
