What is the gun related bystander law in GA?

[RamRoddoc]

Legally, as has been posted via code, you are good to go to help someone who's life is in immediate danger (see forcible felonies as well).

You can't assume that an armed robber is going to go nicely on his way. Once he uses his gun to commit his crime, he/she has proven their lack of regard for human life. Your life IS in danger during an armed robbery, even if you don't care about the cashier.

Each situation is different, so it's not always cut and dry. You have to know your capabilities, have good situational awareness, etc.

Personally, if I can help another person, I will do what I can. I would hope someone would do the same if my friends or family were in danger. This applies to any situation, not just this particular situation.

There is the legal aspect and then the human aspect. I have never advocated taking a life/or dropping hammer if there is an option. Use of force is a highly fluid situation and is never quite the same in any two instances.

One should risk assess the situation and perhaps the best thing is to just wait and see-over whelming odds, distinct disadvantage or risk to innocent folks. However when a man brandishes a firearm with ill intent, then society has given me a green light to drop his ass. One cannot predict what he will or will not do and I will not allow a Luby's restaurant massacre to repeat itself. Not to say I will but I will consider lethal force if it's a viable option.

I'm not a hero nor do I want to be. I will not tolerate lethal threats to mine or innocents in my field of view. I will use the minimum force required to end the threat if reasonably safe and victory fairly assured.

I hope to never be that guy that is rounded up and marched to the back room and be left with a desperate decision to make.

When this issue of use of force arises, I always think back to a young woman at Home Depot in my area that was chased from the parking lot, being shot at, chased into the store, pleading for help, only to be shot to death before her turd ball killer turned the gun on himself, way too late IMO.

Never on my watch.

 

[testdepth]

I CC everywhere legally allowed. When I leave the house I have already made a personal decision to help a stranger if I am there when something happens. Everyone has to make that decision for themselves and what they are willing to live with. I couldn't be "that guy" that stood by and did nothing. Someone posted that people have the option to carry and if they don't then shame on them. This is not necessarily their decision. Many business's where people work do not allow their employees to carry a gun at work. Any civilian working on a military base cannot carry a gun or have one in their vehicle to and from work. It is not always that people don't want to carry.

 

[protective measures]

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?

The specific code section you are referring to is O.C.G.A. 16-3-21:

O.C.G.A.§ 16-3-21 Use of force in defense of self or others; evidence of belief that force was necessary in murder or manslaughter prosecution

(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm 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.

There is no "protection" if you accidentally shoot someone else.... you are responsible for every bullet that comes out of your gun.

In our classes we spend at least an hour to an hour and a half discussing appropriate Use of Deadly Force as well as instances that worked out... and ones that didn't.
As a civilian, when you take on the responsibilities of a policeman, you also take on their liabilities without their support, equipment, & protection under the law.
Does that mean you have to stand by & do nothing during a violent, potentially deadly incident?

Not at all.... but you'd better have a good idea of what is really happening because you will have to justify your actions to an Officer, Investigator, and possibly to the court.
As "DinkyDau" said, the components of Ability, Opportunity, & Jeopardy a.k.a. the "reasonable man doctrine" must be present to justify Use of Deadly Force. They may not be mentioned in the code section but they often are in the courtroom because.... its reasonable.
It has to be determined that your action was "reasonable" by a jury of your peers, if It comes to that.

That's why we spend so much time on it in the classroom.
Gacarry.org is a great resource to read up on these topics as well as the writings of Massad Ayoob and Marty Hayes.

Its much better (and less expensive) to learn about this before an incident than after....

 

[protective measures]

By the way, its a pleasure to see all of the intelligent, sensible "civilized" responses as opposed to the early days on this forum.
It used to be common to read paraphrases on here of "Kill'em all & let God sort'em out"

While a violent attack is anything but civilized we will have to explain out actions after the fact.
While first of all we have to survive it first, it is a factor.

 

[Mph84]

A difference between threats and actions. A man robbing a store at gun point is wholly different than a man who walked in, shot the clerk and then jumped over the counter to start cleaning out the register.

I will proudly take any title anyone would care to give me. Coward, *****, selfish, etc.

You know why? Cause frankly I dont give a damn about anyone else except my friends, family and of course myself.


Kudos on the zombieland reference btw

Society needs more people like you... Just don't give a damn, that'll do us all a lot of good. In the words of Jason Isbell "there are two kinds of men in this world and you're neither one of them." Where would we be if know one cared about the people standing beside them? As crazy as the world is nowadays we should all be looking to help out when it's necessary to do so. It's called being a good person. You don't have to be a hero, just do what you can!

 

[Vman]

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.

And all it takes to judge someone on the interwebs is not fully read or understand their post before commenting. I said there were interesting points to ponder, not that I was going to fully adopt someones thoughts as my new philosophy. George Zimmerman rightfully defended his OWN life and the cops agreed cause they didn't arrest him-UNTIL our liberal teatsucking media got involved. After a lengthy rediculous media circus trial he finally got to "prove" what was already known and still got hauled back into court again! Our society, or at least a large part of it is f'd up-you could wind up getting sued by the person you helped or even the person you stopped or their dirtbag family. I just agree there is something else to consider before jumping into a problem that isn't mine.

 

[07JKX]

Society needs more people like you... Just don't give a damn, that'll do us all a lot of good. In the words of Jason Isbell "there are two kinds of men in this world and you're neither one of them." Where would we be if know one cared about the people standing beside them? As crazy as the world is nowadays we should all be looking to help out when it's necessary to do so. It's called being a good person. You don't have to be a hero, just do what you can!

if you feel that way..go for it. I prefer to mind my business and take care of my own.

If someone asks for help, I will gladly assist... but I dont go running around looking to help everyone.

call me what you will... again I really dont care

 

[Byte Stryke]

moral compass
its either working or not.
I like to think that mine always points true.

 

[Ken Ford]

Important part of one decision to act or not to act, in the defense if another, should be whether or not you have the skills to help that person without endangering others as well as yourself.I could not sit by and watch someone get obviously victimized. That being said, I think anyone that carries should take it apoun them selves to get, at least rudimentary, training to the level that they can safely and efficiently protect themselves and/or others.

 

[JACKY1981]

"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."

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