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Can someone tell me if this is true or not??

jcp42877

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So after getting my CWP, I have tried my best to research all legalities, small or large,on GA gun laws. When you CAN shoot someone, when you CAN'T, when you can draw LEGALLY, when you CAN'T, etc etc..

well my best bud's fiancé works with several gun instructors as an assistant when they do classes and stuff, and she's always filling us in with what she hears and stuff. I don't take much of what she says truthfully, because she is 22 and over exaggerates a lot of things, and well, I want to know the truth MYSELF.

well tonight she tells me and my buddy that she learned today in a class she was sitting in, that you can't legally shoot someone if they bust down your door at home. That you have to have a reason other than "they busted down my door" etc; and that the judge will say "alllll your stuff isn't as important as this persons life" and "WAS there an exit you could have escaped from and called the police?", and you'll go to jail for manslaughter. She says this was on an official NRA PowerPoint program too..

i don't believe this...whatever happened to the Castle Doctrine of GA? "Eminent threat to myself and my family"? My father has been LE for 30 yrs now, and he discussed with me the other day when I was asking him about a similar scenario that "if someone BREAKS into my house, and bust my door down, whether they're there to kill, steal, whatever, I'm going to shoot them dead..not gonna says 'freeze', not gonna shoot them in the leg and wait for the police, no...shoot to kill, because I consider them a threat to myself and my family, whether they were there to harm someone or not..that's all there is to it"
 
Straight form the Georgia Code:

§ 16-3-23. 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.
 
Deadly Force

There are 3 code sections that govern when lethal or deadly force may lawfully be used.
Defense from a forcible felony; A person is justified in using threats or force to the degree they reasonably believe it is necessary to stop another person's imminent use of unlawful force. A person is justified in using deadly force which may harm or kill 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 (unless it is regarding defense of habitation, which has its own requirements below). You are not justified if you were the aggressor or you are/were/on-the-way-to committing a felony. (The state has pre-empted local cities and counties from further restricting this defense.)(16-3-21)
Defense of habitation; (here habitation means dwelling, motor vehicle, or place of business) A person is justified in the use of force which is intended or likely to cause death or great bodily harm only if any one of the following is met:

  1. A person is breaking\has broken into your home in a violent and tumultuous manner, and you think that the intruder is going to assault you or someone else living there.
  2. A person who is not a member of the family or household and who unlawfully and forcibly enters the residence and you know it is an unlawful entry.
  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.
(16-3-23)Defense of property other than habitation; Lethal force cannot be used to protect real property unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.(16-3-24)
(Stand Your Ground/Shoot First/License To Murder - went into effect July 1st, 2006) If you have determined you need to use lethal force(as stated in one of the underlined "Defense" sections immediately above) you do not have to try to retreat before using that force. If your defense is valid, you are immune from criminal prosecution (unless it is illegal to carry that weapon where you used it) and civil liability actions.(16-3-23.1, 16-3-24.2, 51-11-9)
...
 
So after getting my CWP, I have tried my best to research all legalities, small or large,on GA gun laws. When you CAN shoot someone, when you CAN'T, when you can draw LEGALLY, when you CAN'T, etc etc..

well my best bud's fiancé works with several gun instructors as an assistant when they do classes and stuff, and she's always filling us in with what she hears and stuff. I don't take much of what she says truthfully, because she is 22 and over exaggerates a lot of things, and well, I want to know the truth MYSELF.

well tonight she tells me and my buddy that she learned today in a class she was sitting in, that you can't legally shoot someone if they bust down your door at home. That you have to have a reason other than "they busted down my door" etc; and that the judge will say "alllll your stuff isn't as important as this persons life" and "WAS there an exit you could have escaped from and called the police?", and you'll go to jail for manslaughter. She says this was on an official NRA PowerPoint program too..

i don't believe this...whatever happened to the Castle Doctrine of GA? "Eminent threat to myself and my family"? My father has been LE for 30 yrs now, and he discussed with me the other day when I was asking him about a similar scenario that "if someone BREAKS into my house, and bust my door down, whether they're there to kill, steal, whatever, I'm going to shoot them dead..not gonna says 'freeze', not gonna shoot them in the leg and wait for the police, no...shoot to kill, because I consider them a threat to myself and my family, whether they were there to harm someone or not..that's all there is to it"

Technically she is correct, you protecting your personal items such as vehicles,property isn't ground for shooting someone.BUT your life in danger like the person breaks down the door has some type of weapon knife,bat,gun,stick is grounds for self protection

You should look up the word "Articulate" and learn how to use it when needed in case this ever happens.
 
Technically she is correct, you protecting your personal items such as vehicles,property isn't ground for shooting someone.BUT your life in danger like the person breaks down the door has some type of weapon knife,bat,gun,stick is grounds for self protection

You should look up the word "Articulate" and learn how to use it when needed in case this ever happens.

If they break down your door they are committing a felony. You kick down my door weapon or not.. your getting popped.
 
Here we go again. :deadhorse:

You can not use deadly force to protect property and you must have reasonable cause to believe that a person has the ability, opportunity and intent to cause you or a third person serious harm.

The Castle Doctrine and Stand Your Ground laws simply mean that you are no longer required to escape from the situation if you can do so without increasing the threat to yourself.
 
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