What is the gun related bystander law in GA?

[testdepth]

What is the law in GA regarding bystanders using their guns to protect anyone other than themselves or family in a public setting?

Many if not all of us on this site carry their guns either OC or CC out in public. If the situation arises that you pull your gun to defend someone other than family or yourself, are you protected under the law?

Example: While legally carrying your favorite gun out in town you happen to see an armed robbery happening at the local Mom and Pop so what do you do and what is the legal protection if you shoot the bad guy or accidently hit a bystander?

 

[DinkyDau]

3 factors, Ability, Opportunity, Jeopardy required in the Use of Deadly Force..Can be a third party..IE. Yourself, Loved one or Third party..But all three must be defined, to qualify for a justified use of Deadly Force. DD

 

[DTK Supply]

3 factors, Ability, Opportunity, Jeopardy required in the Use of Deadly Force..Can be a third party..IE. Yourself, Loved one or Third party..But all three must be defined, to qualify for a justified use of Deadly Force. DD

BINGO!

 

[T-Roy]

Forceable felony, I.e. armed robbery or rape, are justified cause as well correct?

 

[rOmiLaYu]

Forceable felony, I.e. armed robbery or rape, are justified cause as well correct?

Yup....reference the Castle Doctrine from OCGA:

Deadly Force

There are 3 code sections that govern when lethal or deadly force may lawfully be used.

Defense from a forcible felony; A person is justified in using threats or force to the degree they reasonably believe it is necessary to stop another person's imminent use of unlawful force. A person is justified in using deadly force which may harm or kill only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony (unless it is regarding defense of habitation, which has it's own requirements below). You are not justified if you were the aggressor or you are/were/on-the-way-to committing a felony. (The state has pre-empted local cities and counties from further restricting this defense.)(16-3-21)

Defense of habitation; (here habitation means dwelling, motor vehicle, or place of business) A person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

1. A person is breaking\has broken into your home in a violent and tumultuous manner, and you think that the intruder is going to assault you or someone else living there.
2. A person who is not a member of the family or household and who unlawfully and forcibly enters the residence and you know it is an unlawful entry.
3. The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.

(16-3-23)

Defense of property other than habitation; Lethal force cannot be used to protect real property unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.(16-3-24)

(Stand Your Ground/Shoot First/License To Murder - went into effect July 1st, 2006) If you have determined you need to use lethal force (as stated in one of the underlined "Defense" sections immediately above) you do not have to try to retreat before using that force. If your defense is valid, you are immune from criminal prosecution (unless it is illegal to carry that weapon where you used it) and civil liability actions.(16-3-23.1, 16-3-24.2, 51-11-9)

 

[07JKX]

I simply wont.

Unless a friend, family member or my life is directly at risk, my gun stays holstered and I become a good witness.

May be selfish... but everyone has the choice to protect themselves by carrying a gun or otherwise. It is not my problem that someone else elected to rely on the police or third party.

Nobody in this world has your own interest at heart more than you do... you shouldnt expect otherwise.


EDIT TO ADD: and being a hero, in most circumstances, isnt what it is cracked up to be. Folks seem to think when they "save the day" they get publicity, notoriety or a reward to feed their ego... more than likely, you get questioned, your weapon confiscated until the investigation is complete and the sudden need to hire a lawyer.

Even if everything works out... you are out time, money and energy for saving someone who (in all honestly) probably would not have done the same for you.

 

[Vman]

I simply wont.

Unless a friend, family member or my life is directly at risk, my gun stays holstered and I become a good witness.

May be selfish... but everyone has the choice to protect themselves by carrying a gun or otherwise. It is not my problem that someone else elected to rely on the police or third party.

Nobody in this world has your own interest at heart more than you do... you shouldnt expect otherwise.


EDIT TO ADD: and being a hero, in most circumstances, isnt what it is cracked up to be. Folks seem to think when they "save the day" they get publicity, notoriety or a reward to feed their ego... more than likely, you get questioned, your weapon confiscated until the investigation is complete and the sudden need to hire a lawyer.

Even if everything works out... you are out time, money and energy for saving someone who (in all honestly) probably would not have done the same for you.

Hmmm, good points to ponder. Especially the part where they chose not to carry and rely on police-although there could be legitimate reasons why they aren't carrying it's still interesting view.

 

[T-Roy]

Hmmm, good points to ponder. Especially the part where they chose not to carry and rely on police-although there could be legitimate reasons why they aren't carrying it's still interesting view.

All evil needs to triumph is the indifference of good men. I'm sure I might regret it later, but I couldn't sit idly by.

 

[Woof]

Good points above. The 'hero' aspect is what I see as a big problem. Regardless of how justified an action may be or what the consequences would otherwise have been, you would be branded as a hero-wannabe or cop-wannabe by the media. The media and most libs believe you should let the authorities deal with it, even if that means people are already dead or injured.

I can't say I would never jump in as a third party, but for this reason, I would be extremely reluctant to get involved unless it was me or my family that was in danger.

 

[spencer60]

I simply wont... Unless a friend, family member or my life is directly at risk, my gun stays holstered and I become a good witness...

This is the best idea when in doubt. Unless you are 100% sure of what is going on, it's usually not going to end well if you insert yourself into a situation.

The example I always hear is the man walking down the street who see's a woman being tackled to the sidewalk shouting 'rape'. The guy draws down on the 'attacker' only to find out he's an undercover cop making an arrest. He ends up arrested, cited for obstructing, etc.

Probably an amalgam of a bunch of different real incidents, but it's to get the point across that unless it's you and yours, you have no idea about the real situation. Interfering could easily cost you your life if you get it wrong, or are just not lucky that day.