From: ke4zv!gary@gatech.edu (Gary Coffman)
Newsgroups: rec.guns
Subject: Re: Hand-loads for defense (was Re: Occasional Dud in Glock 20)
Date: 9 Sep 92 13:08:22 GMT
Organization: Gannett Technologies Group

In article <2DiqqB1w164w@raley.Gwinnett.COM> pertinax@raley.gwinnett.COM (Pertinax) writes:
#ke4zv!gary@gatech.edu (Gary Coffman) writes:
#
## the threat. The conditions under which civilians are allowed
## to use deadly force are extremely limited. Only immediate fear of
## loss of life is grounds for use of deadly force. There is a large
## body of case law on what constitutes a *reasonable* person's grounds
## for immediate fear for his life. The acid test seems to be whether
## a *reasonable* person would see a viable way to flee rather than
## fight in a given situation.
## 
## Gary
#
#I disagree.  I may be completely off base however.  But as I read section
#16-3-24 of the Code of Georgia, one CAN threaten to use, and use (if
#necessary) deadly force in other circumstances.  Section follows:
#
#16-3-24.  Use of force in defense of property other than a habitation
#
#   (a) A person is justified in threatening or using force against
#another when and to the extent that he reasonably believes that such threat
#or force is necessary to prevent or terminate such other's trespass on or
#other tortious or criminal interference with real property other than a 
#habitation or personal property:
#
#      (1) Lawfully in his possession;
#      (2) Lawfully in the possession of a member of his immediate family;
#      (3) Belonging to a person whose property he has a legal duty to
#          protect.
#
#   (b) The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference
#with real property other than a habitation or personal property is not
#justified unless the person using such force reasonably believes that it is
#necessary to prevent the commission of a forcible felony.
#
#Seems to me that "personal property" covers just about everything one would
#want to use deadly force to protect.  Your car, your stereo, whatever.  On
#the other hand, I AM NOT A LAWYER- NOR DO I PLAY ONE ON TV!  Do NOT base any
#decisions on what I say!  Talk to a real lawyer.


Yes, this is Georgia's version of the "make my day" law. However, it's
application depends greatly on which jurisdiction you're in. In Barrow
County, the DA likes it very much. In Fulton County the DA will try to
find a way to put you under the jail. As an example, a security guard
who used force under (3) above was recently charged with murder and
wound up being convicted of voluntary manslaughter in Fulton County.
This despite the fact that he fired only after the thief tried to run
him down with a stolen car. He was convicted because his shot struck
the victim in the back as the car passed. Meanwhile, a chicken thief 
armed only with two hens was dispatched in Barrow by a shotgun wielding
farmer and no charges were filed.

There's probably some ugly racism here too. The perp and the prosecutor
and the jury in Fulton were black, the security guard was white. In Barrow, 
the perp was Hispanic and the DA and farmer are white.

Gary