IA Gun Crew: Score one for the good guys v. home invasion in the ATL

[Ruiner]

Score! THIS is how it is done.
This is why legal citizens should be allowed to carry weapons. The police are NOT everywhere (despite what many hippie IA'ers think) and most criminals have guns (illegal or not).

http://www.11alive.com/news/news_art...?storyid=83375

Homeowner Kills Armed Intruder

Web Editor: Tracey Christensen
Last Modified: 8/15/2006 12:43:39 PM

A 23-year-old Gwinnett County man shot and killed an armed intruder who broke into his home about 10:30 p.m. Monday, investigators said.

The Gwinnett County Police Department is investigating the deadly shooting at 1870 Connors Court in the Lawrenceville area of Gwinnett County.

Jose Bercian told investigators that he came out of his room and found an unknown male inside his home. Bercian retreated into his bedroom and retrieved a firearm. When he confronted the stranger with the firearm, the intruder produced his own firearm and shot at Bercian but missed. Bercian told police that he returned fire, striking and killing the offender.

An autopsy has been scheduled for Tuesday by the Gwinnett County Medical Examiner's office. The intruder's identity is not known.

[Hulud]

sweet

[The Golden Child]

sweet ..

[The Golden Child]

sweet

daym you beat me to it bitch ..

[Wurm]

I would have shot him more then once at least waste a whole clip

[Ruiner]

I would have shot him more then once at least waste a whole magazine

Fixed - this isn't South Central, so "clip" is not the correct word.

[Wurm]

Fixed - this isn't South Central, so "clip" is not the correct word.

bah

[man]

Fixed - this isn't South Central, so "clip" is not the correct word.

You never know, he could have whipped out his M1 Garand.

[Ran]

You never know, he could have whipped out his M1 Garand.

You don't just "whip out" an M1. That thing is a d@mn cannon.

[Ruiner]

You never know, he could have whipped out his M1 Garand.

Touche!...but not likely.

[man]

You don't just "whip out" an M1. That thing is a d@mn cannon.

Haha, I always carry 10lb rifles in my back pocket.

[thinkfast®]

thats right around the way from where I used to live.. damn section 8 putos

[Jaimecbr900]

That's what happens when you into the wrong person's house. Good for him.

[tony]

My question would be is it legal for him to shoot before the intruder even pulls a weapon?

[Jaimecbr900]

My question would be is it legal for him to shoot before the intruder even pulls a weapon?

Gray area.

IF you are in fear of your life or your family's, yes.

That's the rough part, although if you point your weapon at him and order him to leave or lay down and he makes a sudden aggressive move......dunno, it could go either way although him being inside the house is aggressive enough in my book.

[4dmin]

fuck ya i would gone through the first magazine... reload continue process. i would taken the empty shells to the funeral

[God]

this is how it should be done.

[Allshow97]

Hell yeah I say if someone has enough balls to break in someone's home, then what's the problem with someone gunning that son-of-a-bitch down?

[xaznstylegrlx]

boobs

[Ruiner]

My question would be is it legal for him to shoot before the intruder even pulls a weapon?

Under most circumstances, yes... If he felt threatened in terms of his life or safety, then yes.

[Ruiner]

Gray area.

IF you are in fear of your life or your family's, yes.

That's the rough part, although if you point your weapon at him and order him to leave or lay down and he makes a sudden aggressive move......dunno, it could go either way although him being inside the house is aggressive enough in my book.

It doesn't have to be life inside of your house, business, or car. It could be a threat to your safety or if you were trying to stop a felony (breaking and entering being one).

If the person was aggressive in nature, no DA will prosecute. The laws are there and explain it better than I can.

[Julio]

unload a clip? yeah , go ahead.. Im sure that wont go well in court... lol

Good job on that dude! ONE FOR THE GOOD GUYS =]

[ShooterMcGavin]

fucker definitely got what was coming to him, criminals ftl

[civic95]

Lets not turn this into a legal debate... This is all we need to hear.

the intruder produced his own firearm and shot at Bercian but missed

case dismissed.

[Jaimecbr900]

It doesn't have to be life inside of your house, business, or car. It could be a threat to your safety or if you were trying to stop a felony (breaking and entering being one).

If the person was aggressive in nature, no DA will prosecute. The laws are there and explain it better than I can.

I thought you could only meet force with equal force if it is not life threatening????

Maybe the new laws in effect are more lenient, in which case I like it a lot!!!!

Make no mistake about it, I'm with you and you know it. Prying my door open is aggressive enough in my book. If the fucker was closed, it means I don't want your ass inside, right?

I just didn't want to give out wrong info since the ultra liberal yuppies around here would probably call me out if I did.....

[MongolPup]

Hey ruiner I like your new avatar.

[2.3 Evo 8]

You can't unload a magazine on them or you will be charged with manslaughter. You are suppose to shoot once to stop them, but if they continue coming at you you can shoot again. Unloading a whole magazine is a little extreme. 99% of the time they will stop after being hit with one bullet.

...but, if a weapon(gun) is in plain site and they don't drop it immediately, you can rest assure I would shoot to kill also. I wouldn't even take the chance of them getting a shot off. Two in the chest and one in the head.

[Stormhammer]

score 1!!! w00t!

note to self : buy a shotgun for defensive purposes as well as a 9mm

[Crazy Asian]

and plus trespassing on private property...

[Ruiner]

boobs

Like those?

[Ruiner]

I thought you could only meet force with equal force if it is not life threatening????

Maybe the new laws in effect are more lenient, in which case I like it a lot!!!!

Make no mistake about it, I'm with you and you know it. Prying my door open is aggressive enough in my book. If the fucker was closed, it means I don't want your ass inside, right?

I just didn't want to give out wrong info since the ultra liberal yuppies around here would probably call me out if I did.....

The new law had no effect on what "type" of force could be used. It doesn't matter if they have a weapon or not in many cases...

Let me bust out the GA code for you:

16-3-21.
(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.


16-3-23.
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.

[Ruiner]

Hey ruiner I like your new avatar.

Thank you. I like her as well.

[Crazy Asian]

Damn well at least I got a cop right that lives right across from wait make it two and they worked in the LAPD...were going to the shooting and he's gonna help me get my first. Told me nothing fancy..you need to practice first then get something fancy.

[GsrTurbo320]

Good job - saving his own life and taking it into his own hands at that point- most people wouldnt do that.

[quickdodge®]

You included. Later, QD.

[Jaimecbr900]

The new law had no effect on what "type" of force could be used. It doesn't matter if they have a weapon or not in many cases...

Let me bust out the GA code for you:

16-3-21.
(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.


16-3-23.
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.

Well that clears it up pretty good. Thank you.