doublegunshop.com - home Forums General Discussion DoubleGun BBS @ doublegunshop.com Digweed Attacked

Better be careful in the use of deadly force not in or on the curtilage your home in defense of "personal property". If you see someone stealing your car or bike down the street somewhere, use of deadly force is not necessarily a good idea unless you are in danger of grievous bodily harm, injury or death. I make a distinction between the above and armed carjacking with you or a loved one inside or near the car. I am not talking about armed or forcible robbery. It's best to consult local state law and be clear on this.
On the flip side, suppose two burglars enter your home and you justifiably shoot one of them dead. Georgia law allows prosecution of the surviving burglar for felony murder which carries a life sentence. A homicide committed in the course of a felony reasonably calculated to be life endangering activity is felony murder regardless if the victim pulls the trigger. You gotta love it.

Gil is referring to the "felony murder" rule in criminal law. If, in the commission of a felony crime, someone is killed, your fault, someone else's fault, or nobody's fault you will be prosecuted for the crime of murder. Good rule and I'm pretty sure it is not just so in Georgia, but every where in America. Cuts both ways though, use undue force in the case of a property crime outside your home or in the case of a car jacking where you are not in danger, the victim becomes the perpetrator...Geo

George, Georgia only recently (within 2 years) went to full-blown felony murder wherein one of two or more perpetrators survived and was prosecuted when a co-perp was killed. Previously, a surviving burglar could only be prosecuted for the burglary when his partner was killed by a victim. The Georgia Supreme Court overturned decades of precedent to do so. Gil

Ted, I rather assumed we'd all ensure the family was safe first and foremost! Otherwise we all know who'd give it to us in the neck - She Who Must Be Obeyed!

The cultural differences are there - for better or worse. US allows driving at 16 years of age (not sure if that's all States) whilst it's 17 here. US allows drinking of alcohol from age of 21, whilst it's 18 here in the UK. And so forth.

The other thing is that there have, over the last few decades, been too many stories here of householders defending their homes and property, whether with a firearm (unusual) or by other means, such as a cricket bat, golf club or such like and the poor fellow gets prosecuted by the criminal - it is madness but demonstrates the narrow road we as law abiding citizens are forced to tread.

Tim

I guess the politicians have said in England and Europe that if we make it such a pain to own one or use one then no one will have them or want them.

But, I believe these same politicians better realize that with the growing shadow of Muslim fanaticism I think something evil this way comes.

It is assumed that if britain exits the quango that is the EU and the migrant crisis continues, it will (hopefully) collapse. The borders in individual countries will go back up and fortress europe will be restored.

As baffling as the laws of European and English laws are regarding guns and self defense (from a US view), you ain't read nothing yet til you hear or read about knives. Gil

Best bet would be to defer to Gil's expertise in GA criminal law...Geo

There are instances where people have been tailed home from the local gun shop by crims. Later they are robbed of their firearms.
That is one way of targeting which homes to rob if in need of guns.
O.M

Well here's my two cents. Unless Digweed had a loaded firearm within easy reach while watching TV with his wife there's not much he could have done against gang bangers. One is sitting at home in a quite country home, absorbed in a book, movie, whatever, and suddenly someone comes crashing thru your picture window. They have been watching you, getting themselves psyched up for action, meanwhile you are oblivious as to what's coming your way. Chances are you're screwed.
I've lived in some very rough places where home invasions were not uncommon, always kept a pistol handy, even so there are lots of places and times in the house where it will not be handy. Children in the home is a whole other situation.
I've come to prefer a small very sharp axe, goes well with my horned helmet.