New laws in Georgia

[shocker1]

New Laws in Georgia
Shawanna Kendrick
June 30,2006
Georgians will be free to use deadly force to
defend themselves in public areas, under a new state law that takes
effect tomorrow.
Backed by the National Rifle Association, the law essentially
extends the ``castle doctrine'' to sidewalks, parking lots and
other public places. It makes it clear that a person can shoot
first if they believe they are in imminent danger.
Critics contend it's an invitation to violence and has echoes of
the wild West.
The law is one of hundreds that will take effect in Georgia
tomorrow, including one that cracks down on *** offenders. That law
prohibits them from living, working or loitering within
one-thousand feet of just about anywhere children gather --
schools, churches, parks, gyms and swimming pools. However, a
federal judge yesterday temporarily blocked one provision that
barred them from living near one of the state's 150-thousand bus
stops, which would evict *** offenders from virtually all
residential neighborhoods.
Under some other new state laws, Ten Commandments displays will
be permitted in courthouses, children under age 16 will no longer
be able to get married, and anyone who kills a pregnant woman could
be found guilty of two murders.
Governor vetoed only 19 of the hundreds of bills sent to him by
lawmakers this year.
A sweeping immigration law -- one of the most talked-about
measures that state lawmakers took up during the session -- does
not take effect until next year. Some other new high-profile laws
have already taken effect, including one restricting the ability of
government to seize private land in the state for public use.
http://newschannel9.com/engine.pl?station=wtvc&id=5241&template=breakout_story1.shtml&dateformat=%M+%e,%Y

[Macs.]

Very good ! http://www.militaryphotos.net/forums/images/icons/icon14.gif

[sir-chimp]

f_ucking A

[HooyahCQB]

Come on down fellas...I need someone to shoot with on Saturdays

[chas]

Great! Now you can shoot whoever you want to, as noone can fight your testimony that you "THOUGHT" you were in danger.
Relative rules cannot be used for such important matters as selfdefense.

[sir-chimp]

Great! Now you can shoot whoever you want to, as noone can fight your testimony that you "THOUGHT" you were in danger.
Relative rules cannot be used for such important matters as selfdefense.

OH NOESSSSSSS ZOMG ITS THE WILD WEST ZOG ZOG ZOG ZOG ZOG ZOG ZOG

[LTC]

The "Self Defense" laws have been similar to that for some time in Florida and anybody without a criminal record or a drug/alcohol problem can get a concealed weapon/firearm license.

The Police can't/won't do much to protect a Citizen anymore. They seem to get involved only after the fact. It's a good thing we have Republican Law Makers that have the courage to pass good, common sense laws that allow us to "legally" defend ourselves.

Isn't violent crime on the rise in Europe? Their wusseyness ain't gonna cut it anymore.

[shocker1]

Great! Now you can shoot whoever you want to, as noone can fight your testimony that you "THOUGHT" you were in danger.
Relative rules cannot be used for such important matters as selfdefense.
Read the Self Defense Act then you can have an informed opinion pro or con.

06 LC 35 0027

House Bill 1061
By: Representatives Wix of the 33rd, Teilhet of the 40th, Porter of the 143rd, Jamieson of the 28th, Powell of the 29th, and others



A BILL TO BE ENTITLED
AN ACT


To create and establish the "Georgia Right to Self-defense Act of 2006"; to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse in criminal prosecutions, so as to provide that under certain circumstances there is no duty to retreat when using force in defense of self or others or in defense of habitation; to create a legal presumption for the reasonable use of force in self-defense cases; to amend Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for defenses to tort actions, so as to provide immunity from civil action for the use of force in defense of self or others; to provide for related matters; to repeal conflicting laws; and for other purposes.



BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:



SECTION 1.
This Act shall be known and may be cited as the "Georgia Right to Self-defense Act of 2006."



SECTION 2.
Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse in criminal prosecutions, is amended by striking subsection (a) of Code Section 16-3-21, relating to the use of force in defense of self or others and evidence of belief that force was necessary in murder or manslaughter prosecutions, and inserting in its place a new subsection (a) to read as follows:
"(a) A person is justified in threatening or using force against another and does not have a duty to retreat 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 otheŕs 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."



SECTION 3.
Said article is amended further by striking Code Section 16-3-23, relating to the use of force in defense of habitation, and inserting in its place a new Code Section 16-3-23 to read as follows:
"16-3-23.
(a) A person is justified in threatening or using force against another and does not have a duty to retreat when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such otheŕs unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;
(2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or
(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.
(b) A person is presumed to have held a reasonable fear of imminent threat of death or serious bodily injury to himself or herself or to another when using defensive force that is intended or likely to cause death or great bodily harm to another if the person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered upon an occupied habitation and the person who uses defensive force knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred."



SECTION 4.
Said article is amended further by striking Code Section 16-3-24.1, relating to defining habitation and personal property, and inserting in its place a new Code Section 16-3-24.1 to read as follows:
"16-3-24.1.
As used in Code Sections 16-3-23 and 16-3-24, the term 'habitation' means any dwelling, motor vehicle, camper or other similar shelter generally used for occupation overnight, or place of business, and 'personal property' means personal property other than a motor vehicle."



SECTION 5.
Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for the defenses to tort actions, is amended by striking Code Section 51-11-9, relating to immunity from civil liability for threat or use of force in defense of habitation, and inserting in its place a new Code Section 51-11-9 to read as follows:
"51-11-9.
A person who is justified in threatening or using force against another under the provisions of Code Section 16-3-21 or 16-3-23, relating to the use of force in defense of self or others or defense of a habitation, respectively, shall not be held liable in any civil action brought as a result of the threat or use of such force."



SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.
http://www.legis.ga.gov/legis/2005_06/fulltext/hb1061.htm

[kaspur_eh]

I wish those laws were nationwide

[Hollis]

BTW go to the humor section on this forum,

Are you a Democrat or a republican,

http://www.militaryphotos.net/forums/showthread.php?t=84968

The redneck part is the best.

I am glad to see the castle doctrine spreading. There is a terrible miscarriage of justice when the victim is victimized by the courts for defending themselves.

[shocker1]

BTW go to the humor section on this forum,

Are you a Democrat or a republican,

http://www.militaryphotos.net/forums/showthread.php?t=84968

The redneck part is the best.

I am glad to see the castle doctrine spreading. There is a terrible miscarriage of justice when the victim is victimized by the courts for defending themselves.
:) BANG BANG BANG, was that a bomb or a vacuum cleaner maw!? Dosen't matter the sign says no soliciting!

[East Scout]

BTW go to the humor section on this forum,

Are you a Democrat or a republican,

http://www.militaryphotos.net/forums/showthread.php?t=84968

The redneck part is the best.

I am glad to see the castle doctrine spreading. There is a terrible miscarriage of justice when the victim is victimized by the courts for defending themselves.

Beware what you wish for..You shoot the person then you have his family sueing your balls off for wrongful death,,.......His brothers and cuzins come looking for payback and your simple life is turned upside down...You will never sleep another restful night..Youll worry when your wife and kids leave the house and you sure as FUK cant depend on the police to watch your back..

Jeez i cought some kid stealing my gear from my property last April..He was on his second trip outta my property...His mom was a lawyer..Guess who ended up in trouble and got his clock cleaned in court? ME simply for catching the punk and handing him ove to the sheriff...Judge said I had no right to put my hands on him and detain him until the police arrived.......Justice is a fickle biatch..Beware..

ES

[shocker1]

Beware what you wish for..You shoot the person then you have his family sueing your balls off for wrongful death,,.......His brothers and cuzins come looking for payback and your simple life is turned upside down...You will never sleep another restful night..Youll worry when your wife and kids leave the house and you sure as FUK cant depend on the police to watch your back..

Jeez i cought some kid stealing my gear from my property last April..He was on his second trip outta my property...His mom was a lawyer..Guess who ended up in trouble and got his clock cleaned in court? ME simply for catching the punk and handing him ove to the sheriff...Judge said I had no right to put my hands on him and detain him until the police arrived.......Justice is a fickle biatch..Beware..

ES
No problem, but if they are stealing your lawn mower it could get hairy indeed.


A person who is justified in threatening or using force against another under the provisions of Code Section 16-3-21 or 16-3-23, relating to the use of force in defense of self or others or defense of a habitation, respectively, shall not be held liable in any civil action brought as a result of the threat or use of such force."

[East Scout]

Ah good news...Still wont stop them from trying and you having to pay $$$$$ just to hear the judge toss it out and they may try to prove it wasnt jusified hense youll be back where you started.........Then all we have to worry about is the persons homies coming for paybaks..

ES.

[East Scout]

Bro Im not knocking your post or the law..Please dont take it that way..Im just saying people should think before they act.....Thanks for the info in the post..

ES

[Hollis]

Bro Im not knocking your post or the law..Please dont take it that way..Im just saying people should think before they act.....Thanks for the info in the post..

ES

That is the essence of it all.

[shocker1]

Ah good news...Still wont stop them from trying and you having to pay $$$$$ just to hear the judge toss it out and they may try to prove it wasnt jusified hense youll be back where you started.........Then all we have to worry about is the persons homies coming for paybaks..

ES.
Good points, most of us Georgians with a permit to carry are well aware of these issues. As for the homies, those Georgians with a permit to carry know how to use their rights so they should beware. Georgia has strict weapons laws regarding permits to carry but idiots will always make it hard for the law abiding. My pitbulls will most likely take care of any intruders but I can be sued for that also. Hell , civil court allows a case for just about anything.

[shocker1]

Bro Im not knocking your post or the law..Please dont take it that way..Im just saying people should think before they act.....Thanks for the info in the post..

ES
I know you're not. No problems. Just discussing.:hug:

[East Scout]

Hell , civil court allows a case for just about anything.


Brother dont I know it..............

ES

[shocker1]

Jeez i cought some kid stealing my gear from my property last April..He was on his second trip outta my property...His mom was a lawyer..Guess who ended up in trouble and got his clock cleaned in court? ME simply for catching the punk and handing him ove to the sheriff...Judge said I had no right to put my hands on him and detain him until the police arrived.......Justice is a fickle biatch..Beware..

ES
That was no justice! I remember a case where a theif got stuck in an AC duct. He was injured and sued the store for not having tamper proof screens over the duct inlet. Yes, needless to say he retired nicely.:|

[East Scout]

Ask Ed Norris if there is true justice in this country..If he wont convince someone just ask OJ............

Great thread mate..and thanks, you're right there was no justice in that situation....Its was a small matter looking back but at the time I thought I was in serious trouble for simply protecting my property ..150$ worth was never retrieved and he was relived of all charges cause he was a minor and it was his first time getting cought commiting an actual crime.......The beef of it was he was escaping from a school for diliquent kids that was across the way ansd coming onto my property.........

ES

[LTC]

On the other hand.....I had rather have the court try me for killing someone then have the court try him for killing me.

None of the laws give license to shoot somebody just because they pissyouoff. You must understand the laws and when and how they apply. A little common sense goes a long way.

[East Scout]

On the other hand.....I had rather have the court try me for killing someone then have the court try him for killing me.

None of the laws give license to shoot somebody just because they pissyouoff. You must understand the laws and when and how they apply. A little common sense goes a long way.

Ill agree there........problem is there is far more people w/o comman sense than have it........;-)

ES

[GhOsT_TaLoN]

awesome!!!!

[onefast93z28]

Why is it everytime another state passes the castle law, you hear about how it's going to be like the wild west with shoot-outs in every street?

Funny how that STILL has not happened here in Florida and we've had that law for a while...

[Danik]

Why is it everytime another state passes the castle law, you hear about how it's going to be like the wild west with shoot-outs in every street?

Funny how that STILL has not happened here in Florida and we've had that law for a while...

Florida. Warm weather and gun shows, If I can get a job down there Im coming.

[BlackRain]

Great! Now you can shoot whoever you want to, as noone can fight your testimony that you "THOUGHT" you were in danger.
Relative rules cannot be used for such important matters as selfdefense.

Similar whiny arguments were expounded by the left in Florida when they passed a similar law a few years back.

Guess what..

The great fear of this law being abused by 'make my day' gun toters never materialized.

[evanfitz]

Good to hear, being a fellow Georgian myself im glad. :)

[Firetxmi]

Does the same rule apply to hand to hand combat or is that something different entirely? For example could I say in court "I broke his neck and he died because I thought I was in danger?" How does that work?

[LTC]

Some time ago (I don't know if it is still true) the Newsletter that came with my renewed CWP stated that "No holder of a valid Florida CWP had ever been convicted of a felony involving a firearm".

Wild West Mentality...Bullsh*t! Sounds like law abiding, conservative Citizens exercising their Rights under the Constitution to me. Citizens that vote.

[unclebud]

Beware what you wish for..You shoot the person then you have his family sueing your balls off for wrongful death,,.......His brothers and cuzins come looking for payback and your simple life is turned upside down...You will never sleep another restful night..Youll worry when your wife and kids leave the house and you sure as FUK cant depend on the police to watch your back..

Jeez i cought some kid stealing my gear from my property last April..He was on his second trip outta my property...His mom was a lawyer..Guess who ended up in trouble and got his clock cleaned in court? ME simply for catching the punk and handing him ove to the sheriff...Judge said I had no right to put my hands on him and detain him until the police arrived.......Justice is a fickle biatch..Beware..

ES

that is a shame and disgrace. stupid judge should have been removed from the bench. too often these days the criminals have more rights than the victims.

[Bia]

I could easily live with those laws.....no problems here.
Good for them
:)

[MichaelF]

CCW-carriers are likely to be a lot less quick to whip out the iron, as we are familiar with the penalties attached to "brandishment" or "unlawful discharge of a firearm". It's a part of our mandatory training for the CCW permit, here in Florida.

[Creeper]

Bro Im not knocking your post or the law..Please dont take it that way..Im just saying people should think before they act.....Thanks for the info in the post..

ES
You mentioned a few possible outcomes when **** hits the fan. U R 100% correct: let me refrase ur words > "PEOPLE MUST THINK BEFORE ACTING, BE IT WITH A SLINGSHOT OR A H&K .40.

Additionally:

CCW-carriers are likely to be a lot less quick to whip out the iron, as we are familiar with the penalties attached to "brandishment" or "unlawful discharge of a firearm". It's a part of our mandatory training for the CCW permit, here in Florida.

Applies here as well.


On the other hand.....I had rather have the court try me for killing someone then have the court try him for killing me.

None of the laws give license to shoot somebody just because they pissyouoff. You must understand the laws and when and how they apply. A little common sense goes a long way.
Big Boy Rules apply.

Thank you.