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Shooting at Group of 7 Teen Burglars

GAgunLAWbooklet

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The Hen that laid the Golden Legos
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They was just a couple of yutes.
Well, a gang of 7 of them. Teens and adults.
Burglarizing a garage.
But it wasn't an ATTACHED garage; apparently it was a separate building.
So, the homeowner didn't use deadly force against a gang of home invaders-robbers.
He shot at a bunch of thieves who were stealing stuff from a storage building.
And maybe the fatal bullet wound came while the young felons were fleeing?
Or did the dead burglar get shot while still inside the victim's garage (he shot through the door / wall, too).
BAD IDEA. Now the homeowner, the victim of yet another burglary in his crime-ridden neighborhood, is himself the criminal and being prosecuted.
 
Had this happened in Georgia, don't think that the "Defense of Habitation" law would apply to exonerate the homeowner.
First of all, a detached garage is a storage building, not a residence.
Nor is it a "place of business" unless you work professionally out of it, and perhaps that may require a business license and zoning approval for your city / county.
And if nobody is in the GARAGE at the time it is burglarized, that is, nobody other than the gang of burglars, then you can't say the entry was a danger to innocent persons in the building. That would be a requirement to invoke the "habitation" law EVEN IF the detached garage of a private non-business home as a "habitation" at all.

See OCGA sections GA Code § 16-3-24.1 (habitation defined)​

and 16-3-23 - (use of force in defense of habitation)​

 

They was just a couple of yutes.
Well, a gang of 7 of them. Teens and adults.
Burglarizing a garage.
But it wasn't an ATTACHED garage; apparently it was a separate building.
So, the homeowner didn't use deadly force against a gang of home invaders-robbers.
He shot at a bunch of thieves who were stealing stuff from a storage building.
And maybe the fatal bullet wound came while the young felons were fleeing?
Or did the dead burglar get shot while still inside the victim's garage (he shot through the door / wall, too).
BAD IDEA. Now the homeowner, the victim of yet another burglary in his crime-ridden neighborhood, is himself the criminal and being prosecuted.
So using deadly force when "The person shot must typically be an intruder who entered unlawfully and forcibly" isnt grounds for defense youre saying.
 
This is a situation where less lethal weapons may be useful. Still might not be legal to use in protecting property and less lethal doesn’t mean it can’t be lethal.

I think we all don’t want victims and protect our property. Also don’t want go to jail over a torque wrench and string trimmer either.

What’s everyone one thought on less lethal gun that shoots hard rubber balls or pepper balls with compressed air in these situations?

I ask because I was thinking about getting a Byrna

Byrna pistol
 
Had this happened in Georgia, don't think that the "Defense of Habitation" law would apply to exonerate the homeowner.
First of all, a detached garage is a storage building, not a residence.
Nor is it a "place of business" unless you work professionally out of it, and perhaps that may require a business license and zoning approval for your city / county.
And if nobody is in the GARAGE at the time it is burglarized, that is, nobody other than the gang of burglars, then you can't say the entry was a danger to innocent persons in the building. That would be a requirement to invoke the "habitation" law EVEN IF the detached garage of a private non-business home as a "habitation" at all.

See OCGA sections GA Code § 16-3-24.1 (habitation defined)​

and 16-3-23 - (use of force in defense of habitation)​


Unfortunate, but true.
 
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