Deadly Weapon

[hey.moe]

I found this web site http://www.nononsenseselfdefense.com/self-defense.htm to be very thought-provoking. It is a commercial site, so take it with a grain of salt, but he puts a lot of information out there if you have the patience to wade through it.

The author doesn't get into specific details which vary from one location to another, but he does give some very interesting insight into the basis of the law.

He also discusses some of the misconceptions regarding self-defense and how it is perceived by law enforcement and the legal system. Bottom line, what you consider to be self-defense may be vastly different from what the cops or legal system deem acceptable.

-Stan-

 

[Don P]

That "reasonable fear" allows lots of wiggle room.

Until the DA has you on trial for murder.

 

[Mello2u]

shootniron

Deadly Weapon
In your state, what type of weapon would a BG have to be wielding for you to be justified in employing your CCW?

In Georgia is seems that:

§ 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.

In most, if not all states, there may be no requirement that the threat be wielding a weapon of any kind. (I do not know the laws of all 50 states)

In some states jurisprudence has promulgated an analysis of disparity of force which allows deadly force in self-defense against a person or persons who represent a greater force level than the defender. (I don't have a cite or a quote of the actual language, but this is the general issue). Consider whether there would be a disparity of force in a 60 year old 5'10" 180 pounds man is threatened by a 20 - 40 year old 6'2" 220 pound physically imposing man (assume a dark place, words, and actions as appropriate).

If you do not know the law in the state in which you live or spend significant time while in possession of a weapon you might use in self-defense; research the laws of the applicable states.

 

[Uncle Buck]

There is a lot more to it than just the weapon/device.

As some of the others pointed out;

1. Were you in fear for your life (Or the life of someone else)?

2. Did the bad guy have the opportunity to actually inflict deadly, or serious bodily harm on you?

Like it or not, you'll also have to face the music when the authorities start investigating Where it happened and if you had another recourse open to you besides shooting the bad guy.

Bubba threatens me with a screw driver, but he is across the road from me. I think I would be hard pressed to find a lawyer to keep me out of jail if I used deadly force on Bubba.

I am older, arthritic and can not move very fast. Jethro is in the same shape I am in. He comes to my door and threatens to whop me a good one, shaking his fist at me and yelling. I may be scared, but does that justify deadly force?

The three things I remember from my training before the use of deadly force can be used: Opportunity, capability and Intent.

 

[Aguila Blanca]

Ms either. You can use deadly force to protect your property no matter where or what it is. Be it breaking into your car in the driveway or attempting to steal a yard gnome.

Citation please.

I thought Texas was the only state that allowed the use of deadly force to protect property.

 

[redlevel42]

Georgia also has provisions for defense of property:

O.C.G.A. § 16-3-23
Use of force in defense of habitation

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 prevent or terminate such other's 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

and . . . . . . .

O.C.G.A. § 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; or

(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.

 

[Prometheus84]

Hello all, new to this forum, old to others. I honestly think it has more to do with BG's intent and motive moreso than the medium by which he chooses to orchestrate the afforementioned intent/motive. Example, be it a screwdriver or a pair of AA-12's loaded with frangable rounds, whats his intent? Is he capable of harm? If so, I for one would be more inclined to shoot first and ponder the potential criminal/social/moral implications later. Be offensive about your defense, and bear in mind, its not always about who is right, its about who is left!

"May you lick the hand that feeds you, may your chains lay lightly upon you, and may posterity forget that ye were our countrymen!"

 

[youngunz4life]

hawg

Ms either. You can use deadly force to protect your property no matter where or what it is. Be it breaking into your car in the driveway or attempting to steal a yard gnome.

are you sure about this? it seems way over the top to be able to shoot the neighbor's 18yr old ragamuffin while he decides to steal some Christmas ornaments.

also, referring to the post immediately 1 or 2 posts after the one I just quoted:

yes, I agree. If its an 'instrument' or even a knife in my book, I'm shooting if the perp advances towards my family. as mentioned, all bets are off if the BG has a firearm though(I mention both in my first post). I won't touch the scene after; that's everybody else's job to sort out the after math: detective, LT, police officer, coroner...

-not trying to be wise, I'm not going to have time to 'think it out'(at least not in the regular thought out process of everyday life) when a gun wielding BG or I should say possible BG's threaten our family.

I realize you were talking about an 'instrument' like hedge cutters as one of an abundance of examples that can be used as a weapon but many times serve another purpose. I am just adding that even if it is a knife and I don't have to be 'as sure', I am willing to keep the BG at bay as long as he doesn't advance.

 

[Brandon.Glidden]

In florida if someone breaks into your home you can use deadly force against the burglar, and youre protected from prosecution. Another different situation, if someone is coming at you, and they are saying they are going to kill you, you can use deadly force on them as well and still be protected from prosecution.

 

[highvel]

I've said before and will always say that; Use of deadly force will be the MOST important decision you will EVER make in your life, don't take it lightly!
Bravado,machismo,and chest pounding may sway someones idea of the correct path, and that path may be DEAD wrong in the situation that they may find themselves in!

One has to use the most powerful tool known to man, the brain, -----well most men, ---well some of um anyway!

My completely worthless two cents worth of typing.