Man on your property

[linebacker]

IMO---Invoking fear and intimidation in that manner towards me is considered a threat at my house. The first thing I would look for would be a weapon. If he has a weapon, then I would consider it an immediate threat to me and I will take action. If I do not see a weapon and he is still coming toward me, I will tell him to STOP and ask him "what do you want"? If he continues without any regard I will consider it a threat and I would do what I have to do to protect myself and my home. This is what I would probably do. I know people will have a different opinion and I respect that, so I ask for respect for mine as well.

 

[captdave77]

I would think the same thing, but if this guy was just drunk or trying to make some punk joke, could there be any legal repercussion for me of just drawing a weapon?

There is no brandishing law in GA and you are on your property. Don't point until you are ready to shoot. My rule of thumb is if my pants are on so is my gun. If my pants are off there is a gun within reach.

That being said, I lived in Kirkwood for a time and still work there on occasion. It is not a great idea to broadcast that you have guns. Be nice and polite to everyone in the hood but take no crap.

 

[zracin]

Is there a legal difference between drawing and pointing, is one considered a "threat" or "lethal force" vs. the other, or are both considered lethal force?

 

[NWSharpshooter]

Right or wrong. I would have dropped him in the yard. Nobody is going to chase me into my home. Two in the chest, one in the head, call the morge because that ****ers dead.

And then I'm calling my new lawyer laxguy59. Hopefully THIS one doesn't move to Alaska on me.

 

[Laxguy59]

Is there a legal difference between drawing and pointing, is one considered a "threat" or "lethal force" vs. the other, or are both considered lethal force?

Yes, there are specific laws against pointing a weapon at someone, drawing but not pointing could still illicit civil actions, but it would be hard to press for criminal charges assuming you legally owned and could carry the pistol.

Not legal advice

 

[captdave77]

Is there a legal difference between drawing and pointing, is one considered a "threat" or "lethal force" vs. the other, or are both considered lethal force?

Same disclosure as Lax here. I'm no lawyer. There is no brandishing law here, but pointing a weapon can be a misdemeanor.

 

[zracin]

I am not really worried about a misdemeanor/state fines/etc, as long as I do not lose my carry/ownership rights, serve time, or get sued. In my mind its worth the risk for me either way if it turned ugly. Its a quick judgement to have to make, and Id rather have it made and know what I'm getting into beforehand, unlike the last time

 

[Shrek926]

If you can articulate fear, in Georgia we do not have proclusion and would have been justified to present force. You clearly spoke demanding him to identify himself, and he was acting "in a menacing and aggressive manner". By retreating you added an element of judgement, that had he continued, stand your ground" would apply. Had you been armed, and presented force and the incident progressed you would be LEGALY justified... But a liberal DA could try to make a name.

I personally have several attorneys on a "speed dial" retainer, and know in using the gravest of extremes there could be legal ramifications. I just choose to WIN, and protect myself and my family.

 

[Shrek926]

Same disclosure as Lax here. I'm no lawyer. There is no brandishing law here, but pointing a weapon can be a misdemeanor.

Georgia has pointing a firearm at another, and aggravated assault. Neither law applies if self defense/ self preservation.

 

[Laxguy59]

I am not really worried about a misdemeanor/state fines/etc, as long as I do not lose my carry/ownership rights, serve time, or get sued. In my mind its worth the risk for me either way if it turned ugly. Its a quick judgement to have to make, and Id rather have it made and know what I'm getting into beforehand, unlike the last time

You risk losing your carry rights for the misdemeanor of pointing the weapon. The man would have possible claims for assault which you would have to defend via self defense claims. Not telling you what you should do, just stating possibilities.