Castle Doctrine in GA.

[blakejohn]

So if someone is committing a felony, and I'm a bystander... does that give me the right to use deadly force??

Like if I witness a bank robbery in progress, and the assailant(s) are possibly armed. Am I allow to shoot them? I'd hate to do it and then end up in prison.......

I do have a Georgia Carry License, but I don't carry as often as I should. Just curious...

Yes Just do so wisely. If you are at a resturant, bar, bank,etc and somebody is robbing the place and you feel there will be imminent harm to yourself or a third party you have all the reason to use deadly force. Now if I were in this situation I would try to see if there is any weapon being used before I pull the trigger. And always be aware of what is behind the felon.

What I dont know is if you are allowed to brandish your weapon in such a senario if they may be unarmed or with a knife and hold them there til the law shows up.

 

[logcabinman]

A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine arising from English common law[1] that designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend their place, and any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine.

 

[vinhtvu2]

Yes Just do so wisely. If you are at a resturant, bar, bank,etc and somebody is robbing the place and you feel there will be imminent harm to yourself or a third party you have all the reason to use deadly force. Now if I were in this situation I would try to see if there is any weapon being used before I pull the trigger. And always be aware of what is behind the felon.

What I dont know is if you are allowed to brandish your weapon in such a senario if they may be unarmed or with a knife and hold them there til the law shows up.

So if they only have a knife, and I pull out my gun and demand that they drop their weapon and I hold them there until the police arrive... this is not legal??

I see this scenario all the time on TV... never questioned the legality of it though.

 

[blakejohn]

So if they only have a knife, and I pull out my gun and demand that they drop their weapon and I hold them there until the police arrive... this is not legal??

I see this scenario all the time on TV... never questioned the legality of it though.

This I do not know.

 

[No2sc2]

So if they only have a knife, and I pull out my gun and demand that they drop their weapon and I hold them there until the police arrive... this is not legal??

I see this scenario all the time on TV... never questioned the legality of it though.

Yes if you see that hes going to commit a crime with the knife, you can "citizen" arrest him, but chances are they are going to run. Now I don't know if you demand him and he refuse but flee the scene without harming anyone, I dont know if you have the right to shoot him.

 

[furious]

 

[Ogg]

I would think that if they are fleeing they no longer present the threat of bodily harm, commission of felony, etc. IANAL, but would think shooting the fella running away would not be wise.

 

[Sneakypete]

Ahhhhhh the castle doctrine makes me feel all warm and fuzzy inside. God bless america!!!

Me too!

 

[No2sc2]

I would think that if they are fleeing they no longer present the threat of bodily harm, commission of felony, etc. IANAL, but would think shooting the fella running away would not be wise.

Sounds about right... What about if the suspect just killed someone and is fleeing?

 

[Ogg]

Sounds about right... What about if the suspect just killed someone and is fleeing?

Still NAL, but I can find no example in the law that allows a citizen to use deadly force to stop a felon from fleeing after the commission of a crime. I would think (once more, with feeling, NAL here) that your only defense would be to argue that you felt the fleeing felon was off to commit additional grievous injury to others and you are within the law by using deadly force to stop/prevent that action.

I would not want to bet my freedom on this line of thinking.