I am not in the wrong! If he tells me to get out of my car, I can assume that he is in the process to carjack me which is a felony. Wouldn't you agree? Yes or no? Read part C!Originally Posted by TransAxle
No fighting in court at all. He had a deadly weapon! He was committing a felony and was risking my pysical safety! It's very clear cut.BUT if in the same situation a person walks up with a baseball bat and smashes in your window and tells you to get the fuck out and you pull a gun and put one in his skull....then you are in the right but will still have to fight it in court.
I can do that, yes.Same situation as above now if the gun shots out the window with a gun and you pull a gun and put one in his head you are defending yourself from death.
Here is where you are confused: The old law gave NO RETREAT and 100% protection to habitation:So i am not agruing that you are wrong i am jsut saying that the new law gives a more detailed line, than did the old law!
16-3-24.1.
As used in Code Sections 16-3-23 and 16-3-24, the term 'habitation' means any dwelling, motor vehicle, or place of business, and 'personal property' means personal property other than a motor vehicle.
The new law doesn't add anything or take away from the "habitation" protection. The old law already gave you the rights of those granted in the "new" law. The new law gives you more rights in PUBLIC places and does not really affect habitation situations as those rights were already granted. Make sense?




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