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Shooting at Group of 7 Teen Burglars

Then again I don't think the whole story is reported. It didnt say if he confronted them first and was forced to stand his ground or just walked up and started firing into the building.. important details left out. There is way to much NOT known to judge.. good info above of diffrent scenarios that could keep one of us out of cuffs
Dunno, sounds like they illegally entered his property.
 
Pretty sure Georgia’s law includes the curtilage. Plenty of case law all the way to SCOTUS and every state Supreme Court as far as I know.


What is included in the curtilage?
  • Yards, whether fenced or not
  • Porches, patios, and driveways
  • Outbuildings like sheds and garages
  • Any area that is necessary and convenient for the family's use

"Curtilage" is a term developed in fourth amendment law regarding law-enforcement doing searches and seizures of private property near somebody's home but not actually breaching the walls of the living space itself.

Do you have any information that this term applies to Georgia's laws about self-defense and deadly force?

Is there a prior reported case from any Georgia appellate Court you can point us to?

Any article published in a law journal on the subject of Georgia defense / justified use of force?

How about a Standard Pattern Jury Instruction -- one the judge might read out loud to a jury before they are sent back to deliberate on the case?

A term can have one meaning
in one area of law
that does not carry over to
any other part of the law.

An obvious example would be that federal law defines a firearm receiver or frame as a firearm. And Georgia caselaw says that firearms are per se deadly weapons.


Yet obviously you can't claim that a guy who's angrily arguing with you while holding a stripped AR lower receiver --that you know is a stripped lower receiver because you recognize it as such-- has a "deadly weapon" for the purposes of you using lethal force against him .
 
Sounds to me like a good way to get yourself killed.
Maybe a 12 gauge pump with first round less lethal, then quality defense loads.
a damn good strategy......... dem hood rats all packin high point fawteys and a paint ball or rubber bullet ain't no defense against hood rats with a chip on dey shoulder already.
 

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.
This one is DEF for the Defence & Procedures to fight out .

IMO , Or Me I would have shot into the air or called the Law if they were close But ???
 
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)​

I did DUMP ! ship up till 20 years old & could have been shot , we were all young once + it usually involved Booze .

I was only convicted as a Juvie but Karma has been getting me for 30 + years .
 
Yet obviously you can't claim that a guy who's angrily arguing with you while holding a stripped AR lower receiver --that you know is a stripped lower receiver because you recognize it as such-- has a "deadly weapon" for the purposes of you using lethal force against him .
If he throws it at me and it hits me hard in the head, it could kill me. :becky:
 
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