If i shot someone...

[PhAtBoYMr2]

Me and my friends were having an argument so heres the scenario...

I'm at a bar drinking and a fight breaks out and proceeds to go outside Someone pulls out a knife and another person has a broken beer bottle ready to swing while another person is threating to shoot me with a gun

Well the 2 people with knife and bottle start charging.....I have a legal issued gun in my car which i grabbed beforehand and start firing shots.

I hit both of them in the legs and one of them dies from blood loss in the hospital....

Do i still get a murder charge? will i do jail time?

[OneSlow5pt0]

yea,its manslaughter

[Slowboy]

Did you shoot them already or is this a scene that will take place tonight.??

[PhAtBoYMr2]

But isn't it self defense?

[Big Baller]

Yes because you can not carry a gun into a bar, carry permit or not.

If it was somewhere else, it just depends on how the DA feels, they will probally take you to jail. You can probally claim self defense as you obviously were scared for youre life.

Matt

[PhAtBoYMr2]

Yes because you can not carry a gun into a bar, carry permit or not.

If it was somewhere else, it just depends on how the DA feels, they will probally take you to jail. You can probally claim self defense as you obviously were scared for youre life.

Matt

I had the gun in my car and pulled it out prior to them charging me...didn't have it at the bar

[chnco]

If you were white, you would not go to jail.

[PhAtBoYMr2]

If you were white, you would not go to jail.

:lmfao: :lmfao:

good anwser.

[OneSlow5pt0]

If you were white, you would not go to jail.

very true:ninja:

[Killer]

pretty sure it'd be self defense...


but the only reason a white man wouldn't go to jail is because he'd man up and kill dudes with his bare hands.. GUNS R FOR PUSSIES! lol

[PhAtBoYMr2]

pretty sure it'd be self defense...


but the only reason a white man wouldn't go to jail is because he'd man up and kill dudes with his bare hands.. GUNS R FOR PUSSIES! lol

if 2 people are charging at you one with a beer bottle the other with a knife chances are

a) your gettin stabbed
b) your gettin a beer bottle over your head
c) a+b
d) you move like chuck norris and take them both out with there own weapons

most of the time a,b,c are the correct answers

[BluesClues]

If you were white, you would not go to jail.

Very true :yes:

Or you could go to jail until trial and get off easy.

[PhAtBoYMr2]

see thats one thing about going out in atlanta...this could happen to anyone and has happened to me about 3 times now (not the exact scenario but not far from it)...each time i thought to myself "Thank god i don't have a gun" because i know in the druken state i usually am at a bar or party

mofo's gettin shot son.

[Killer]

keep hatin the white man... keep on...

[Big Baller]

I had the gun in my car and pulled it out prior to them charging me...didn't have it at the bar

If you went to youre car and got the gun you would go down for murder one.

They can then prove that you had a chance to leave and avoid the confrontation and you didn't, now they will pin it on you for sure.

Anytime they can prove that you had a chance to walk away you will take the fall.

[R3RUN]

You will probably go to jail for a night but I dont see how that can not be self defense. As long as you aren't being agressive I would call it self defense.

[2.0civic]

If you went to youre car and got the gun you would go down for murder one.

They can then prove that you had a chance to leave and avoid the confrontation and you didn't, now they will pin it on you for sure.

Anytime they can prove that you had a chance to walk away you will take the fall.

indeed. thats exactly what i was thinking

[81911SC]

shoot 2 kill

[PhAtBoYMr2]

If you went to youre car and got the gun you would go down for murder one.

They can then prove that you had a chance to leave and avoid the confrontation and you didn't, now they will pin it on you for sure.

Anytime they can prove that you had a chance to walk away you will take the fall.


true that... :goodjob:

But say they charged me and before they hit me i grabbed it from the glove compartment just in the nick of time....

I remember hearing that if you have a gun and you fear that your life is in threatened you can use it but only if there is a deadly weapon in clear view (knife, broken beer bottle, gun)


Like for instance...the 17 year old kid that shot the other kid for breaking in his house in college park......isn't that kid going to get away scott free?

[ironchef]

Yea, if that was the situation, I don't see why you wouldnt just drive away. Whether its considered a pussy move or not, at least you'd still be alive at the end of the night.

[R3RUN]

Like for instance...the 17 year old kid that shot the other kid for breaking in his house in college park......isn't that kid going to get away scott free?
Well the kid that broke in shouldnt have been there in the first place. You better believe if someone breaks in my house im shooting them. Unless there is more to the story I dont see why he would be charged with anything.

[Big Baller]

true that... :goodjob:

But say they charged me and before they hit me i grabbed it from the glove compartment just in the nick of time....

I remember hearing that if you have a gun and you fear that your life is in threatened you can use it but only if there is a deadly weapon in clear view (knife, broken beer bottle, gun)


Like for instance...the 17 year old kid that shot the other kid for breaking in his house in college park......isn't that kid going to get away scott free?

Its going to be hard to argue that you had time to get the gun but you didn't have time to drive off, I mean thats pretty questionable.

There really is no clear cut answer. I don't carry when I go out drinking, I think thats the safest thing to do. People make bad decisions after only one or two drinks much less 10.

Matt

Edit
Oh the whole breaking into the house thing, rules change when people break into youre house. I think the rule of thumb is that if someone is in youre house that you can assume that they are there to do you harm and you can shoot to kill.

[PhAtBoYMr2]

Well the kid that broke in shouldnt have been there in the first place. You better believe if someone breaks in my house im shooting them. Unless there is more to the story I dont see why he would be charged with anything.

a) a minor
b) wasn't his gun
c) he shouldv'e been in school

I mean the news was praising the kid like he was a hero.....

The gun laws are all fucked up because of situations like this...A judge or a jury is going to hear a story and bust out the book of laws and hit you no matter what you did was morally right or wrong.

In your eyes it could be self defense but in someone else's eyes your viewed as a cold hearted killer.

[Killer]

he could not have his keys to the ignition... (it's hot and fresh out the kitchen...)

[PhAtBoYMr2]

Its going to be hard to argue that you had time to get the gun but you didn't have time to drive off, I mean thats pretty questionable.

There really is no clear cut answer. I don't carry when I go out drinking, I think thats the safest thing to do. People make bad decisions after only one or two drinks much less 10.

Matt


Yeah and some people act so fucking retarded when they drink they deserve to get shot. I mean it's a good idea not to carry when you go out but i can't say it's not a bad idea I Mean with all these stories you hear about people getting shot around here it usually all goes down at night after a bar, club, party or whatever...people getting robbed leaving the bars in Atlanta or fights breaking out in bars and etc.....

I remember being at club one time in downtown and a fight breaking out between some gangsters, They shot at the club i was in... needless to say the glass shattered no more then 10-15ft away...i couldve got hit...

[PhAtBoYMr2]

he could not have his keys to the ignition... (it's hot and fresh out the kitchen...)


hahaha hopefully i wasn't the only one to catch that.... :lmfao:

[Big Baller]

a) a minor
b) wasn't his gun
c) he shouldv'e been in school

I mean the news was praising the kid like he was a hero.....

The gun laws are all fucked up because of situations like this...A judge or a jury is going to hear a story and bust out the book of laws and hit you no matter what you did was morally right or wrong.

In your eyes it could be self defense but in someone else's eyes your viewed as a cold hearted killer.


Him being a Minor doesn't have anything to do with it.

It not being his gun doesn't mean shit.

I don't care where he was supposed to be, the other mother fucker shouldn't have been breaking into his parents house PERIOD. He got fucking shot and he fucking died FUCK HIM.

If someone breaks into my house they are leaving in a body bag I can assure you.

Matt

[Big Baller]

Yeah and some people act so fucking retarded when they drink they deserve to get shot. I mean it's a good idea not to carry when you go out but i can't say it's not a bad idea I Mean with all these stories you hear about people getting shot around here it usually all goes down at night after a bar, club, party or whatever...people getting robbed leaving the bars in Atlanta or fights breaking out in bars and etc.....

I remember being at club one time in downtown and a fight breaking out between some gangsters, They shot at the club i was in... needless to say the glass shattered no more then 10-15ft away...i couldve got hit...


The only arguement I have against that is go to nicer clubs.

[PhAtBoYMr2]

The only arguement I have against that is go to nicer clubs.

:werd:

i don't even really go clubbing anymore for that reason, seems like everytime i go a fight breaks out or someone ends up gettin hurt because some guy is hittin on his girl or someone steps on the others shoe......stupid shit like that

I go to bars more often and there pretty nice bars..but i mean i have seen this happen at some nice bars too Your life can be threatened anywhere, even in the comfort of you own home..

crazy world nowadays

[Killer]

hahaha hopefully i wasn't the only one to catch that.... :lmfao:


i know man it's the MUTHA FUGGIN REMIX! lol... i think u were though.

[NEONRACER]

One it is illegal to discharge a firearm while under the influence of alcohol in the state of GA. You do not have to run from a threat in the state of GA either.

Honestly if you got to your car then leave, you would be a moron if you got to your car before him and didn't drive off if all you were threatened with was a knife and bottle. Why even put yourself in a position where you could be charged if you don't have to. If your friend is being attacked you could use force. Seeing how everyone has been drinking I would use caution with your actions. Rememebr just because you are arrested does not mean the charges will hold up but why take that chance.

By the way this is the wrong place to find out this information.

[blare]

Seeing how you said "it started in the bar and moved outside" then this is what is going to get you murder. You helped escalate the situation by stepping outside to fight.

The other is that you go to your car to get your gun. A DA could argue that you could have just sat in your car and called the police to avoid the fight, but instead you stepped back out to continue the fight once again.

At this point you have escalated the situation twice, and are going to look like you were out to shoot someone.


Well the 2 people with knife and bottle start charging.....I have a legal issued gun in my car which i grabbed beforehand and start firing shots.

Now if you grabbed the gun then brought it back to a fight then you intentional put yourself in a situation where you knew you would have to use it and it's no longer self defense.

[Darling Nikki]

If you went to youre car and got the gun you would go down for murder one.

They can then prove that you had a chance to leave and avoid the confrontation and you didn't, now they will pin it on you for sure.

Anytime they can prove that you had a chance to walk away you will take the fall.

This is very true. If the guys die you would get charged with manslaughter, if they lived you would get charged with aggravated assault.

[Lucky DAWG]

i'm also pretty sure you can't have a gun in a bar whether or not you have a permit or not to be carrying a concealed firearm

if you've been drinking then the chance of it being explained as purely defense will go down

[Ruiner]

If you went to youre car and got the gun you would go down for murder one.

They can then prove that you had a chance to leave and avoid the confrontation and you didn't, now they will pin it on you for sure.

Anytime they can prove that you had a chance to walk away you will take the fall.

WRONG!

Georgia is now a "stand your ground" state. As long as he did not instigate it, he can stand his ground and use deadly force if necessary.

Next question!

[Ruiner]

Me and my friends were having an argument so heres the scenario...

I'm at a bar drinking and a fight breaks out and proceeds to go outside Someone pulls out a knife and another person has a broken beer bottle ready to swing while another person is threating to shoot me with a gun

Well the 2 people with knife and bottle start charging.....I have a legal issued gun in my car which i grabbed beforehand and start firing shots.

I hit both of them in the legs and one of them dies from blood loss in the hospital....

Do i still get a murder charge? will i do jail time?

I am confused... who is the person with the gun? So, there are three people now vs you?

Either way, both a beer bottle and a knife can be considered deadly weapons. The second that they "charge" you, it's clearly self-defense.

[Ruiner]

indeed. thats exactly what i was thinking

You *thought* wrong. Read the GA law.

[Crazy Asian]

Oh ya that's right my dad was talking about this. Some law says you can stand your ground when feel threatened and what not. Pretty crazy.

[Ruiner]

This is very true. If the guys die you would get charged with manslaughter, if they lived you would get charged with aggravated assault.

Wrong, Nikki. I hate to tell you that, but GA is now a "stand your ground" state.

[Crazy Asian]

Crazy but Ruiner said so lol thanks for the info.

[ironchef]

Wrong, Nikki. I hate to tell you that, but GA is now a "stand your ground" state.You ever thought about being a lawyer? lol

[Ruiner]

Crazy but Ruiner said so lol thanks for the info.

Keep in mind, he can't instigate the fight/problem. That makes things null and void. For example, he can't walk away from the fight, grab a gun, and then come back to it.

However, he can walk away from the fight, grab a gun, stand there, and then shoot them if they follow him to his car.

Also, he can use his gun to save the life of someone else (like if he witnesses an armed robbery).

[Ruiner]

You ever thought about being a lawyer? lol

Yes. My father is, my brother is, and so is my uncle.

[Hektik]

damn ruiner is regulating up in this peice ..lol......

if u had a good lawyer u can get away with just about anything.....

[Big Baller]

WRONG!

Georgia is now a "stand your ground" state. As long as he did not instigate it, he can stand his ground and use deadly force if necessary.

Next question!

Stand youre ground doesn't mean go to the car and get a gun.

[PhAtBoYMr2]

thats what i thought...

I knew Georgia was a state that had some of the "easiest" gun laws...I heard there going to pass a bill where it's legal to keep a loaded gun in your car....

I think before you couldn't have a "loaded" gun in your car...it had to be concealed and unloaded...

with that said now that Georgia is a "stand your ground" state there's going to be alot more shootings.

[Darling Nikki]

Wrong, Nikki. I hate to tell you that, but GA is now a "stand your ground" state.

Yea I hear what your saying. Sucks when the laws change so much and you have to keep up with them.

[Ltdnismorace]

Stand youre ground doesn't mean go to the car and get a gun.

west virginia has a very similar stand your ground law and if you go to your car and get your gun and remain at your car and they come after you, shoot to kill. You can't go to your car and get a gun and go after them, but as long as you are acting in a defensive manner and someone is putting your life or the life of someone else in danger, you can shoot to kill, two to the chest one to the head. Which is exactly why a mossberg tactical 500 and a glock 22 .40 live in my car.

[PhAtBoYMr2]

Yea I hear what your saying. Sucks when the laws change so much and you have to keep up with them.

Nikki it's okay we still love you :goodjob:

Just don't arrest me EVER

[Flip]

true that... :goodjob:

But say they charged me and before they hit me i grabbed it from the glove compartment just in the nick of time....

I remember hearing that if you have a gun and you fear that your life is in threatened you can use it but only if there is a deadly weapon in clear view (knife, broken beer bottle, gun)


Like for instance...the 17 year old kid that shot the other kid for breaking in his house in college park......isn't that kid going to get away scott free?

You are correct... The key is that if you feel physically threatened and fear for your life. The key thing is having witnesses tho...

[Ruiner]

Stand youre ground doesn't mean go to the car and get a gun.

The hell it doesn't. I can go back and get a gun, as long as I stay by my car. If they come to me, I am okay to shoot them in the chest multiple times. As I said earlier, he can't "actively" go back to the fight after he gets the gun. It is all based on the squence of events and the exact timing of things. However, no longer is GA a "make an attempt to flee" state.

[Ruiner]

thats what i thought...

I knew Georgia was a state that had some of the "easiest" gun laws...I heard there going to pass a bill where it's legal to keep a loaded gun in your car....


This has been around for MANY years. You can keep a loaded gun in your car even if you don't have a permit... The only condition is that IF you tried to get a permit, you would be able to do so.



I think before you couldn't have a "loaded" gun in your car...it had to be concealed and unloaded...


Nope, you are wrong on your facts. See above...



with that said now that Georgia is a "stand your ground" state there's going to be alot more shootings.

Not really. FL has been one for a while and nothing really changed there.

[Ruiner]

Yea I hear what your saying. Sucks when the laws change so much and you have to keep up with them.


I actually had a police officer argue with me one night about keeping my gun under my seat. I had to show him (I have a printed copy in my car) the GA code for what a person with a CCW can do in their car with respect to guns...basically, if you have a CCW, you can put the gun ANYWHERE in the car that you want.

Needless to say, he thanked me for educating him. ;)

[PhAtBoYMr2]

+1 Ruiner

you still haven't let me borrow the Porsche for the weekend :D

[dnugs03rsx]

where can i get this CCW haha im from texas so u can tell how diff the laws are here from there

[Kevykev]

Damn, this thread is gonna get someone killed!

If anyone that reads this thread is ever in that situation they will stop to think of this thread,

"Oh wait I can shoot, ruiner said, no no NO Big baller said I can't shoot Oh shhhit."

BLOP, BLAP, BLAP!!!!

DEAD because you thought about it too much... LOL

[PhAtBoYMr2]

Damn, this thread is gonna get someone killed!

If anyone that reads this thread is ever in that situation they will stop to think of this thread,

"Oh wait I can shoot, ruiner said, no no NO Big baller said I can't shoot Oh shhhit."

BLOP, BLAP, BLAP!!!!

DEAD because you thought about it too much... LOL

Hopefully if your in this situation this thread is the last thing on your mind :goodjob:

[Ruiner]

where can i get this CCW haha im from texas so u can tell how diff the laws are here from there

Huh? The laws are basically the same in both states. What are you talking about?

Actually, the GA and TX permits are reciprocal to each other.

www.packing.org

Go to the Georgia part and it will tell you where to get the permit.

[Ruiner]

+1 Ruiner

you still haven't let me borrow the Porsche for the weekend :D

I'm trying to sell it and I don't want "stains" in it. ;)

[Ruiner]

Damn, this thread is gonna get someone killed!

If anyone that reads this thread is ever in that situation they will stop to think of this thread,

"Oh wait I can shoot, ruiner said, no no NO Big baller said I can't shoot Oh shhhit."

BLOP, BLAP, BLAP!!!!

DEAD because you thought about it too much... LOL

Hopefully people will read this GA code and agree with what I wrote:

Title 16 'Criminal Code of Georgia.'
Chapter 16:
Sections:



16-3-20
16-3-21
16-3-22
16-3-23
16-3-23.1
16-3-24
16-3-24.1
16-3-24.2
16-3-25
16-3-26
16-3-27
16-3-28

[Annihilation]

http://www.importatlanta.com/upload/files/414/laughterqsqsqsqsq.jpg

[Nemesis]

Brandon for President

[Big Baller]

The hell it doesn't. I can go back and get a gun, as long as I stay by my car. If they come to me, I am okay to shoot them in the chest multiple times. As I said earlier, he can't "actively" go back to the fight after he gets the gun. It is all based on the squence of events and the exact timing of things. However, no longer is GA a "make an attempt to flee" state.

Ok we are in agreement, the problem is the situation. There are too many if and or buts.

So we agree you can go to the car and get youre gun but you can't go back looking for the asshole.

We are on the same page the wording just wasn't coming out right.

[TeeJay]

mark you aint shootin nobody

[Ruiner]

Ok we are in agreement, the problem is the situation. There are too many if and or buts.

So we agree you can go to the car and get youre gun but you can't go back looking for the asshole.

We are on the same page the wording just wasn't coming out right.

Correct. Going back to the fight would be vigilante justice. Not good...

[RollaAce]

One thing i feel is worth noting...after u get your gun stay in the car. If u get out of the car even to stand by it u would've had enough time to start it and leave. I feel that getting outta car is a step in the wrong direction in someone elses' mind. Would go for the step away by leaving. I may have gotten lucky myself, had a run in with some guys who would not move when i said excuse me 3 times in a club so the fourth time i pushed my way through. One of the guys tapped me in the chest and tried to do it again and i block his hand. Had several run ins with them but never came to blows except one of em knocking hat off my head through sunroof.

Lucky part is that group of guys were involved in two separate killings afterwards. Could've been me??? The shooter is the one who tapped my chest.

[quickdodge®]

I don't carry when I go out drinking, I think thats the safest thing to do.

Not to mention the legal way. You couldn't carry in a place that serves drinks, anyways. And no, BB, I'm not coming at you. Just commenting. Lolol. Later, QD.

[tony]

Just for the record anyone who would think of doing something stupid after getting a CCW Permit you would be asking to be caught, the they do a full background check and have your fingerprints on file.. it took about 3 months to get mine.

Also all of ths surrounding states except for South Carolina (Not sure why) honors Georgia's CCW permit.

[Frög]

youd probably go to jail, because you took the fight outside. instead of trying to ditch

[quickdodge®]

Just for the record anyone who would think of doing something stupid after getting a CCW Permit you would be asking to be caught,

I don't really understand what that means. Later, QD.

[tony]

I say that because of the background check and the fingerprinting.. heres a good story to follow this subject:

http://www.miamiherald.com/884/story/29974.html