If i shot someone...

**PhAtBoYMr2** · 02-28-2007, 02:15 PM

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** · 02-28-2007, 02:17 PM

yea,its manslaughter

**Slowboy** · 02-28-2007, 02:17 PM

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

**PhAtBoYMr2** · 02-28-2007, 02:17 PM

But isn't it self defense?

**Big Baller** · 02-28-2007, 02:17 PM

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** · 02-28-2007, 02:18 PM

Originally Posted by 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

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

**Big Baller** · 02-28-2007, 02:30 PM

Originally Posted by PhAtBoYMr2

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.

**2.0civic** · 02-28-2007, 02:33 PM

Originally Posted by Big Baller

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

**Ruiner** · 02-28-2007, 11:05 PM

Originally Posted by Steveo

indeed. thats exactly what i was thinking

You *thought* wrong. Read the GA law.

**81911SC** · 02-28-2007, 02:33 PM

shoot 2 kill

**PhAtBoYMr2** · 02-28-2007, 02:35 PM

Originally Posted by Big Baller

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...

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?

**R3RUN** · 02-28-2007, 02:37 PM

Originally Posted by PhAtBoYMr2

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** · 02-28-2007, 02:40 PM

Originally Posted by PhAtBoYMr2

true that...

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.

**Flip** · 03-01-2007, 10:24 AM

Originally Posted by PhAtBoYMr2

true that...

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...

**Darling Nikki** · 02-28-2007, 09:48 PM

Originally Posted by Big Baller

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.

**Ruiner** · 02-28-2007, 11:08 PM

Originally Posted by Darling Nikki

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.

**Ruiner** · 02-28-2007, 11:03 PM

Originally Posted by Big Baller

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!

**Big Baller** · 02-28-2007, 11:46 PM

Originally Posted by Ruiner

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.

**chnco** · 02-28-2007, 02:19 PM

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

**PhAtBoYMr2** · 02-28-2007, 02:20 PM

Originally Posted by chnco

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

good anwser.

**OneSlow5pt0** · 02-28-2007, 02:20 PM

Originally Posted by chnco

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

very true

**BluesClues** · 02-28-2007, 02:28 PM

Originally Posted by chnco

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

Very true

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

**Killer** · 02-28-2007, 02:23 PM

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** · 02-28-2007, 02:26 PM

Originally Posted by 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

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

**PhAtBoYMr2** · 02-28-2007, 02:29 PM

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** · 02-28-2007, 02:30 PM

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

**R3RUN** · 02-28-2007, 02:32 PM

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.

**ironchef** · 02-28-2007, 02:35 PM

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.

**Frög** · 03-04-2007, 02:13 PM

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

**Killer** · 02-28-2007, 02:41 PM

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

**PhAtBoYMr2** · 02-28-2007, 02:46 PM

Originally Posted by Killer

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....

**Killer** · 02-28-2007, 03:26 PM

Originally Posted by PhAtBoYMr2

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

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

**NEONRACER** · 02-28-2007, 04:51 PM

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** · 02-28-2007, 05:19 PM

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.

**Lucky DAWG** · 02-28-2007, 09:57 PM

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** · 02-28-2007, 11:05 PM

Originally Posted by 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?

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.

**Crazy Asian** · 02-28-2007, 11:07 PM

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.

**Crazy Asian** · 02-28-2007, 11:10 PM

Crazy but Ruiner said so lol thanks for the info.

**Ruiner** · 02-28-2007, 11:14 PM

Originally Posted by Crazy Asian

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).

**Hektik** · 02-28-2007, 11:22 PM

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

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

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