F*cking liberal media v. GA self defense bill

[Ruiner]

So, you know how Florida has a "stand your ground" self defense law in public places? Basically, if you are threatened in a public area with a physical threat to your or a 3rd party's person, you do not have the duty to retreat. Almost all other states have a said and/or unsaid duty to make (or an attempt at least) to retreat. GA, even though it wasn't specifically stated, had a duty to retreat...

That is not the case in GA anymore. The problem that I have is that the Atlanta Journal Constitution (AJC) covered the new bill for self defense as it made its way through the GA House and Senate and was being voted on. The AJC is the main Atlanta paper. There were many articles, opinions, etc printed over the weeks/months bashing this bill, claiming that it was wrong, etc. The AJC (Atlanta Journal Communist as it is locally called by conservatives), however, DID NOT print a story when the bill was passed by the governer. They didn't even mention it. They overlooked it 100%! So much for "fair and balanced" reporting, huh? Such bullshit...bitch about it when it is being voted on, but say NOTHING when it is passed.

Finally, the GA legislative website updated the status of the bill and THAT is how we found out about its status.

The new GA bill:

http://www.legis.state.ga.us/legis/2...b396_AP_10.htm

06 SB396/AP
Senate Bill 396
By: Senators Goggans of the 7th, Johnson of the 1st, Williams of the 19th, Whitehead, Sr. of the 24th, Unterman of the 45th and others
AS PASSED

AN ACT

To amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as a defense to certain crimes, so as to provide that a person who is attacked has no duty to retreat; to provide that such person has a right to meet force with force, including deadly force; to provide for civil immunity; to amend Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to defense to tort actions, so as to provide for civil immunity; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as a defense to certain crimes, is amended by inserting immediately following Code Section 16-3-23 a new Code section to read as follows:
"16-3-23.1.
A person who uses threats or force in accordance with Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force."

SECTION 2.

Said article is further amended by striking in its entirety Code Section 16-3-24.2, relating to immunity from prosecution and exception, and inserting in lieu thereof the following:
"16-3-24.2.
A person who uses threats or force in accordance with Code Section 16-3-21, 16-3-23, 16-3-23.1, or 16-3-24 shall be immune from criminal prosecution therefor unless in the use of deadly force, such person utilizes a weapon the carrying or possession of which is unlawful by such person under Part 2 or 3 of Article 4 of Chapter 11 of this title."

SECTION 3.

Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to defense to tort actions, is amended by striking in its entirety Code Section 51-11-9, relating to immunity from civil liability for threat or use of force in defense of a habitation, and inserting in lieu thereof the following:
"51-11-9.
A person who is justified in threatening or using force against another under the provisions of Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat from the use of such force and shall not be held liable to the person against whom the use of force was justified or to any person acting as an accomplice or assistant to such person in any civil action brought as a result of the threat or use of such force."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.

[Big Baller]

I hate the AJC, and the Marietta Daily Journal isnt much better.

Its a good day for gun owners and a bad day for criminals.

[Stormhammer]

hmm

now I'm goign to purposely walk around downtown ATL late at night to be tried to be mugged and start blastin caps in them niggas! chyea! jk

[Wurm]

so if someone is stealing your car you can legally shoot them without getting in trouble?

[{X}Echo419]

so if someone is stealing your car you can legally shoot them without getting in trouble?

yes, your car is an extension of your home under Georgia law. thus you have the right to defend it with nessary force.
I pulled the legislation a few months ago for another thread.

[Wurm]

yes, your car is an extension of your home under Georgia law. thus you have the right to defend it with nessary force.
I pulled the legislation a few months ago for another thread.

Time to invest in a gun then

[Ruiner]

so if someone is stealing your car you can legally shoot them without getting in trouble?

Are they posing a threat to you at the time? I mean, if he is already driving away and you shoot, you might have a problem.

I would wait for case study before you open up on someone in that circumstance. However, if you are in the car, outside the car, or in front of the car and someone tries to take it, you have the right to defend yourself (given what I take from the law).

The term "habitation" is what is important here:

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.

Look up the code for yourself. The above code will ADD TO the code sections below:
http://www.legis.state.ga.us/cgi-bin...l?code=16-3-21

16-3-21
16-3-22
16-3-23
16-3-24
16-3-24.1
16-3-24.2

[Jaimecbr900]

All I have to say is.....about time politicians pass something that helps us rather than handcuff us......+1.

[ShooterMcGavin]

think so, i'll let ruiner confirm though

[Julio]

Fuck yea* + for ruiner for keeping us updated !

[Julio]

Now, I dont see no where where it talks about permits? So Im assuming your ok if you have a permit.. what about if you don't and you shoot someone in self defense without a permit are you in trouble? Your not suppose to be walking around with a gun without a permit... Or did I miss this?

[tony]

Now, I dont see no where where it talks about permits? So Im assuming your ok if you have a permit.. what about if you don't and you shoot someone in self defense without a permit are you in trouble? Your not suppose to be walking around with a gun without a permit... Or did I miss this?

But it can be carried in your glove compartment, even without a permit. Also in your trunk I believe..

[Julio]

But it can be carried in your glove compartment, even without a permit. Also in your trunk I believe..

Naw, if you dont have a permit , the gun has to be unloaded and visible, it can only be concealed if you have a permit. ( in your car )



What I mean, is if you are walking and you and this dude get into an argument and he blast you.. will he get in trouble for carrying without a permit + blasting me...

I have a permit.. So not to worried about that end of things.. just the other way around...

[Ruiner]

Naw, if you dont have a permit , the gun has to be unloaded and visible, it can only be concealed if you have a permit. ( in your car )



What I mean, is if you are walking and you and this dude get into an argument and he blast you.. will he get in trouble for carrying without a permit + blasting me...

I have a permit.. So not to worried about that end of things.. just the other way around...

Read the two "bolded" parts (blue and black). It seems a bit confusing, but perhaps they are still updating it? One part says that you cannot carry a loaded firearm w/o a permit while the next part says that you can. Weird, huh? I need to check up on this and try to see if I am missing something... The "bolded blue" part did not used to be here. Perhaps that is something new?

(d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle; provided, however, that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle.

[Ruiner]

Now, I dont see no where where it talks about permits? So Im assuming your ok if you have a permit.. what about if you don't and you shoot someone in self defense without a permit are you in trouble? Your not suppose to be walking around with a gun without a permit... Or did I miss this?

If you don't have a permit and you are legally carrying (under a only a few circumstances can you carry it only w/o a permit), then you are still okay. I mean, if you "retrieve" it in an act of self-defense, then you do not need a permit.

Remember, though, do not confuse "retrieving" for carrying it on you. If you have to run to your car where it is legally stored with no permit, then you can retrieve it and use it if need be. You cannot, however, walk around the street with a gun on you and no permit.

Here is part of the code:

16-11-128. (a) A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner.

[Julio]

weird.