• ODT Gun Show & Swap Meet - May 4, 2024! - Click here for info

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

Regardless of the legalities of the use of force you really need to modify your expression here. No matter what the person that busted down your door did or didn't do you, legally, don't EVER EVER EVER say anything silly like "shoot to kill"

From a legal perspective your objective, when you pull your firearm, is to end/stop the threat ... period ... if you ever say something like "shot to kill" no matter what the circumstances, you are going to end up at very least sitting in front of a jury trying to get out from under a manslaughter bit ....

The best advice that I've ever heard on this topic is basically this .... the police are not your friend no matter whether the officer in front of your is actually your friend or not. Nothing that you say to the police can be used in your defense and your cooperation with the police can't be used in your defense if you are charged with something .... on the other hand they CAN be used against you in court .... so in this situation you tell them that you were afraid for your life so you were forced to stop the threat ... and if they ask you any more questions tell them you would like to talk to a lawyer first.

This guy was at one of the nevada seminars that I had to attend a few years back and he's great to listen to ... and not full of ****





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"
 
Last edited by a moderator:
I'll go with not being judged OR carried. The way you do that is by making sure you understand the law and EXACTLY at what point you will pull the trigger. The only way to make sure that happens is to study the law and seriously think about what is justifiable homicide and what is not. There is no reason to assume anything about the situation.

Lets use the "breaking down my door" scenario as an example. If you shoot someone just for doing that you are assuming things that could land you in prison. What if it's some drunk teenager or a cop/firefighter at the wrong address? I know this is not likely, but there is no reason to take the chance. What will happen if someone breaks down my door is that they will have a weapon pointed at them and the moment they show any indication they are a real threat to me or mine they get stopped hard, but I have to see that is the case. This is not hesitation or second guessing my actions. It's simply a different standard on when I'll use deadly force. This will also make it VERY unlikely that I will be charged with anything. The danger of an ignorant jury and an aggressive anti gun prosecutor is almost as dangerous as the perpetrator himself. I'll make my choices in a way that will minimize the possibility that any decisions about my future will ever be given to them.

Don't forget about the civil suit that will almost certainly be filed. You are going to have a very expensive legal bill, regardless of whether you are criminally prosecuted.
 
http://georgiapacking.org/law.php

(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)


16-3-23.1:
Found In LexisNexis by searching for "16-3-23.1" or in the TOC under:
Title 16 - CRIMES AND OFFENSES
Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS
Article 2 - JUSTIFICATION AND EXCUSE
The code sections are all Copyright © 2012 by The State of Georgia

O.C.G.A. § 16-3-23.1
No duty to retreat prior to use of force in self-defense

A person who uses threats or force in accordance with Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force.

HISTORY: Code 1981, § 16-3-23.1, enacted by Ga. L. 2006, p. 477, § 1/SB 396.

16-3-24.2:
Found In LexisNexis by searching for "16-3-24.2" or in the TOC under:
Title 16 - CRIMES AND OFFENSES
Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS
Article 2 - JUSTIFICATION AND EXCUSE
The code sections are all Copyright © 2012 by The State of Georgia

O.C.G.A. § 16-3-24.2
Immunity from prosecution; exception

A person who uses threats or force in accordance with Code Section 16-3-21, 16-3-23, 16-3-23.1, or 16-3-24 shall be immune from criminal prosecution therefor unless in the use of deadly force, such person utilizes a weapon the carrying or possession of which is unlawful by such person under Part 2 or 3 of Article 4 of Chapter 11 of this title.

HISTORY: Code 1981, § 16-3-24.2, enacted by Ga. L. 1998, p. 1153, § 1.2; Ga. L. 1999, p. 81, § 16; Ga. L. 2006, p. 477, § 2/SB 396.

51-11-9:
Found In LexisNexis by searching for "51-11-9" or in the TOC under:
Title 51 - TORTS
Chapter 11 - DEFENSES TO TORT ACTIONS

The code sections are all Copyright © 2012 by The State of Georgia

O.C.G.A. § 51-11-9
Immunity from civil liability for threat or use of force in defense of habitation

A person who is justified in threatening or using force against another under the provisions of Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat from the use of such force and shall not be held liable to the person against whom the use of force was justified or to any person acting as an accomplice or assistant to such person in any civil action brought as a result of the threat or use of such force.

HISTORY: Code 1981, § 51-11-9, enacted by Ga. L. 1986, p. 515, § 1; Ga. L. 2006, p. 477, § 3/SB 396.
 
Last edited:
I can tell you that I've never seen any NRA power point that says anything about shooting anyone that kicks in a door and I've been an NRA instructor for 15 years.

This is a good time to mention that our "How to speak to LEO" has been expanded to include when it is justified to use deadly force.
The instructor for this class is a GSP SWAT instructor.

http://dtksupply.com/courses/how-to-speak-to-law-enforcement/

You want to know anything about a LEO come ask him.
 
Last edited:
Yes, but who decides whether your use of force is justified? A jury.

OH, you will still need a lawyer (a good one at that), but if the Police investigation comes back that it was a good shoot then 16-3-23.1, 16-3-24.2 and 51-11-9 kick in and protect you. Those codes can be used as a defense in court.

I think it's absurd for some to say that some random person attempting and succeeding in kicking your home's door in might not be able to be shot on sight to keep this forcible felony from happening. There is nothing in Ga. law that says you can't protect your habitation if something like this happens.

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:

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.
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.
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)
 
OH, you will still need a lawyer (a good one at that), but if the Police investigation comes back that it was a good shoot then 16-3-23.1, 16-3-24.2 and 51-11-9 kick in and protect you. Those codes can be used as a defense in court.

I think it's absurd for some to say that some random person attempting and succeeding in kicking your home's door in might not be able to be shot on sight to keep this forcible felony from happening. There is nothing in Ga. law that says you can't protect your habitation if something like this happens.

I have not looked at this in any detail, but I am not sure that a determination by a police agency or even a prosecutor that the shooting was justified would be a bar to prosecution of the civil action. I think it could be used as evidence in a determination of whether you are immune or not. I may try and do a little research on this to see. Anyone know?

I think it is clear that an acquittal at trial would immunize you.
 
He wont be waiting on me, but I thought the guy might like the reference to read for himself

Boom. Your in someones home. You do not belong there! Your life is in danger as he/she has already committed one felony. Oh no, wait mr robber let me get my law book so I can see if I can shoot you or not....

- - - Updated - - -



If you cant help yourself... nobody else can.
 
You violate my personal space, your gonna get smacked !! HARD, FAST and CONTINUOSLY............
You open the door to my car or my dwelling without express written consent, your dead .
Somewhere in there I'll ask if the, "well meaning" individual is able bodied, or can I give him "three steps twards the door" and can I see his "letter of intent".
Ask yourself, "what would a reasonable person do ?"
Are you going to leave you wife and daughters home with instuctions not to shoot
if hes only standing in your room, in the dark,with his hoody covering his intent sign.
Why did he shoot that nice elderly couple after they gave him evertything he asked for ?

The presidence is already set.
Theres at least one gun present, and I brought it.
Unless you are a trained, skilled professional who has gotten your hand dirty utilizing you abilities
its simply theory and conjecture.
Train your family in practical, adrenalin charge, stress fill senerios...........running, moving and grappling
while getting to the weapon, aquiring a target, and stopping the threat.
I call it our, "FAMILY SHOOT DAY".......

KILL OR BE KILLED !!
AIM SMALL - MISS SMALL
The first round in all my shotguns are low recoil slugs. To avoid having to "shoot the hostage".
If the have to rack a round before you shoot, your dead.

Hope this clears up any confusion, about where I stand anyway.......

timmy13
26yr LEO Professional
13yrs Special Operations

May the Grace of our Lord, Jesus Christ be with you all............
 
Back
Top Bottom