GA Make My Day Law

[Stol3n]

I've always been under the impression that if forced entry has occurred then the occupant is assumed to be in reasonable fear for his/her life...

exactly.

there's a reason my doors and windows are locked, and that is to keep unwanted guest out! if someone finds their way inside then that means they have officially broken into my home and well, you should know the rest...

 

[Bulldawg165]

There has to be a FORCEABLE Felony. Burglary itself is nota forceable elony felony. You cannot use deadly force to protect property. The violent entry exemption needs more then a simple window break to be valid. There needs to be other factors. if you are sitting watching TV and the door is kicked in and the perp rushes into an obviously occupied house, you do not have to wait to find out his/her intentions before deadly force is authorized.You hear a door being pried open in the dead of night might need some additional factors, like the perp intentionally approaches you as if to do you harm, before deadly force is warranted.

It only has to be a forcible felony if you are outside of your home, vehicle or place of business. If it's in defense of your habitat, only a felony is necessary to warrant deadly force. Prying open the door of someone's home means you're breaking in either to steal something or hurt someone, both of which are felonies and are enough to justify the use of deadly force. You are under no obligation to "wait and find out his intentions" when someone has forced entry into your home. If they are outside of your house loading up your grill into the back of their truck, you are correct that you cannot shoot them because they are outside of your habitat and are only committing a felony and not a *forcible* felony.

 

[Bulldawg165]

Important to read ALL of the code section along with other code sections pertaining to this subject. The word NESSESARY is there for a reason. It would not be "nessesary" to use deadly force to prevent a burglary. There are specific code sections that prohibit the use of deadly force against a human strictly to protect property.
Deadly force can be used to prevent a forceable felony, if NESSESARY, by the nature of the crime itself.

Be careful not to "pick and choose" code sections to get the answer you may "want" as many time there are multible code sections that would fit a specific incident.

See my response to Ken above as it mostly addresses what you're saying too. There are different rules governing the use of deadly force when you are inside your habitat. If someone forces entry into your home then you can shoot them.

 

[Mean Mug]

It only has to be a forcible felony if you are outside of your home, vehicle or place of business. If it's in defense of your habitat, only a felony is necessary to warrant deadly force. Prying open the door of someone's home means you're breaking in either to steal something or hurt someone, both of which are felonies and are enough to justify the use of deadly force. You are under no obligation to "wait and find out his intentions" when someone has forced entry into your home. If they are outside of your house loading up your grill into the back of their truck, you are correct that you cannot shoot them because they are outside of your habitat and are only committing a felony and not a *forcible* felony.

Not to be an AO but you are mistaken. The law states that if a person enters in a "Violent and tumultous manner" then deadly force could be warranted. If you pick and choose your code section like you suggest then you would have people shooting the friend they are mad at other over a dime of methamphetamine...They did enter the home to commite a felony, right?
Or you would be able to shoot your GF for writting a fraudlent check? Just the fact that they entered to commit a felony is NOT enough to use deadly force.
The law is meant to interpreted as a whole not just one specific code section to suit you needs.

 

[Bulldawg165]

Not to be an AO but you are mistaken. The law states that if a person enters in a "Violent and tumultous manner" then deadly force could be warranted. If you pick and choose your code section like you suggest then you would have people shooting the friend they are mad at other over a dime of methamphetamine...They did enter the home to commite a felony, right?
Or you would be able to shoot your GF for writting a fraudlent check? Just the fact that they entered to commit a felony is NOT enough to use deadly force.
The law is meant to interpreted as a whole not just one specific code section to suit you needs.

Your girlfriend would have to show signs of forced entry, which is doubtful if she's writing a false check. I'm pretty sure there's something in there about knowing the person too, but I'm on my phone at the airport so I'll double check later. Also, if you're doing meth then you can't shoot someone in self defense because you're under the influence of drugs and therefore it's illegal for you to operate a firearm...

The context of my post was somebody kicking your door in at 2 AM. Obviously the scenarios you mentioned warrant different courses of action. I was also assuming nobody here associates with meth heads

 

[Mean Mug]

Your girlfriend would have to show signs of forced entry, which is doubtful if she's writing a false check. I'm pretty sure there's something in there about knowing the person too, but I'm on my phone at the airport so I'll double check later. Also, if you're doing meth then you can't shoot someone in self defense because you're under the influence of drugs and therefore it's illegal for you to operate a firearm...

The context of my post was somebody kicking your door in at 2 AM. Obviously the scenarios you mentioned warrant different courses of action. I was also assuming nobody here associates with meth heads

Fair enough as to your context, but you said twice that all that was needed was for the person to be commiting a felony alone. I have stated several times that if someone entered in a violent or tumultious manner then deadly force might be appropriate. I would hate for someone to read this and get into trouble later.