Georgia Trail Riders Forum
MEMBERS DISCUSSION AREA => General Discussion => Topic started by: kvom on June 05, 2017, 05:11:17 PM
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https://streamable.com/eswln
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Was this an insurance scam? What's the outcome?
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No idea; just happened today apparently. Moreland Ave.
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Bang
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Bang
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That's what I was thinking too. There's a reason a 9 mil sits right next to me.
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This happened in my neighborhood at the "Ghetto Kroger" dude had a knife or something in his hand and threatened her afterwards.
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This happened in my neighborhood at the "Ghetto Kroger" dude had a knife or something in his hand and threatened her afterwards.
Double bang
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Not a case where deadly force is justified. Things change fast if he opens the door.
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(http://i898.photobucket.com/albums/ac182/tjsahara00/misc/knife-1_zps0aaoprz7.jpg) (http://s898.photobucket.com/user/tjsahara00/media/misc/knife-1_zps0aaoprz7.jpg.html)
(http://i898.photobucket.com/albums/ac182/tjsahara00/misc/knife-2_zpssklhr5vg.jpg) (http://s898.photobucket.com/user/tjsahara00/media/misc/knife-2_zpssklhr5vg.jpg.html)
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No I didn't see it to begin with. Was curious after
what Jimbo said so I paused it. Then it was like I
be damn he did have a knife.
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Pretty sure as u sit in the curb, a few local cops would approach u and say "u saw a knife... Right!?" "you saw he HAD a knife! " until u repeated it and they said in our report we are going to say you told us you saw a knife and we found one. ..
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(http://i898.photobucket.com/albums/ac182/tjsahara00/misc/knife-1_zps0aaoprz7.jpg) (http://s898.photobucket.com/user/tjsahara00/media/misc/knife-1_zps0aaoprz7.jpg.html)
(http://i898.photobucket.com/albums/ac182/tjsahara00/misc/knife-2_zpssklhr5vg.jpg) (http://s898.photobucket.com/user/tjsahara00/media/misc/knife-2_zpssklhr5vg.jpg.html)
If you can testify you saw that in real time and feared for your life, empty the magazine.
I don't think a person would be acquitted if they shoot with a glass or door still between them. Guy did it last night when an irate guy approached his car after a fender bender and he shot him thru the glass, and is charged with murder. Once that barrier is breached, a reasonable person would be in fear of their life and deadly force would be justified. I read an article a few years ago about how the law is written and puts great burden upon the person that wields the deadly force to try all possible means to avoid taking a life.
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Stand your ground law.
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Naturally there was a big discussion on the neighborhood FB groups and on reddit. I didn't see the knife at 1st either. She didn't have time to react. Luckily we have video. Hopefully the po po will take this guy for a ride.
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Put yourself in that situation. Would you have gotten out of the truck?
Me? My ass would have been off of the seat before he was off of the truck. Wouldn't have drawn a weapon unless it was needed. Can't see it being needed with that punk unless he pulled the knife.
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Put yourself in that situation. Would you have gotten out of the truck?
Me? My ass would have been off of the seat before he was off of the truck. Wouldn't have drawn a weapon unless it was needed. Can't see it being needed with that punk unless he pulled the knife.
BTW, I still can't make out the knife.
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I see it now when I play the video. Did she have a Trump sticker on her truck?
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Its definitely there in his right hand but I can't make it out without pausing the video. I would not get out. I have a weapon I can drive over his ass with if need be.
Would this not be the same as shooting him?Vehicle and Gun would be weapon? Don't get me wrong I would have done something as well not saying just sit there by no means!! Just asking what the difference would be?
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Its definitely there in his right hand but I can't make it out without pausing the video. I would not get out. I have a weapon I can drive over his ass with if need be.
Would this not be the same as shooting him?Vehicle and Gun would be weapon? Don't get me wrong I would have done something as well not saying just sit there by no means!! Just asking what the difference would be?
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It would remove any arguments from anti gun groups to blame the gun like they often do.
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Its definitely there in his right hand but I can't make it out without pausing the video. I would not get out. I have a weapon I can drive over his ass with if need be.
Would this not be the same as shooting him?Vehicle and Gun would be weapon? Don't get me wrong I would have done something as well not saying just sit there by no means!! Just asking what the difference would be?
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It would remove any arguments from anti gun groups to blame the gun like they often do.
Nicely done, sir
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Its definitely there in his right hand but I can't make it out without pausing the video. I would not get out. I have a weapon I can drive over his ass with if need be.
Would this not be the same as shooting him?Vehicle and Gun would be weapon? Don't get me wrong I would have done something as well not saying just sit there by no means!! Just asking what the difference would be?
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It would remove any arguments from anti gun groups to blame the gun like they often do.
Touché Was not looking at it from that angle!
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If someone kicks in my windshield with knife in hand they are getting shot (at). Unless they immediately retreat.
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If someone kicks in my windshield with knife in hand they are getting shot (at). Unless they immediately retreat.
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Agree. You are protecting property & arguably your life.
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I never said deadly force. But if some fool comes after your car windshield like that, I would almost guarantee he isn't wanting to shake your hand & tell you how swell of a guy you are.
The gun would come out @ that point. If the sight of a gun didn't deter him & he kept trying to get at me thru the car: shots would follow. No Petron or Grey goose.
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I see your point but I intend to walk away.
I guess I need to watch the video before responding any further. I was commenting on the comments not the video.
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If you show a gun, you use it, you use it to kill.
You don't Pull it and not use it - a bad guy will take it and kill you.
You don't shoot to scare - someone else / the bad guy will shoot to kill and kill you.
Once you've escalated the fight to using a gun, you no longer play games.
Like you said before, choose words carefully. Shoot to stop threat, not to kill.
We are getting off in the weeds now.
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I've always felt like the only reason to ever pull your gun is to shoot and kill someone Not to wound or scare them.
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I've always felt like the only reason to ever pull your gun is to shoot and kill someone Not to wound or scare them.
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I've always felt like the only reason to ever pull your gun is to shoot and kill someone Not to wound or scare them.
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Again, I will respectfully disagree. You should shoot to stop the threat. Granted that may likely end in someone's death. Death is not the goal though, stopping the threat is.
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You don't Pull it and not use it
I said the same thing last year when Bear pulled his on the young guys that showed a bat or whatever. I was basically called a p*ssy if I remember. It seemed to be fine to teach them a lesson that way...
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If someone kicks in my windshield with knife in hand they are getting shot (at). Unless they immediately retreat.
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Agree. You are protecting property & arguably your life.
FYI - protecting property doesn't allow for the legal use of lethal force. Choose your words if the time comes (or don't say anything)
Unless they are in the act of committing a felony, then it does allow for it I believe.
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If someone kicks in my windshield with knife in hand they are getting shot (at). Unless they immediately retreat.
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Agree. You are protecting property & arguably your life.
FYI - protecting property doesn't allow for the legal use of lethal force. Choose your words if the time comes (or don't say anything)
Unless they are in the act of committing a felony, then it does allow for it I believe.
You cannot shoot a guy carrying out your home safe or TV. You or someone else has to be in immediate danger of bodily harm.
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If someone kicks in my windshield with knife in hand they are getting shot (at). Unless they immediately retreat.
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Agree. You are protecting property & arguably your life.
FYI - protecting property doesn't allow for the legal use of lethal force. Choose your words if the time comes (or don't say anything)
Unless they are in the act of committing a felony, then it does allow for it I believe.
You cannot shoot a guy carrying out your home safe or TV. You or someone else has to be in immediate danger of bodily harm.
Danger to Life, limb, eyesight, and rape are the only exceptions as far as I know.
After u shoot, find a kitchen knife, place in his hand, call police. i dont see an issue their
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If someone kicks in my windshield with knife in hand they are getting shot (at). Unless they immediately retreat.
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Agree. You are protecting property & arguably your life.
FYI - protecting property doesn't allow for the legal use of lethal force. Choose your words if the time comes (or don't say anything)
Unless they are in the act of committing a felony, then it does allow for it I believe.
You cannot shoot a guy carrying out your home safe or TV. You or someone else has to be in immediate danger of bodily harm.
Danger to Life, limb, eyesight, and rape are the only exceptions as far as I know.
After u shoot, pull down his pants, place it in his hand, yell rape. i dont see an issue their
Wow Kent.
sorry, just thinking. "what would Don do in this situation?" and that seemed to be the only logical outcome.
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I've always felt like the only reason to ever pull your gun is to shoot and kill someone Not to wound or scare them.
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I've always felt like the only reason to ever pull your gun is to shoot and kill someone Not to wound or scare them.
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Again, I will respectfully disagree. You should shoot to stop the threat. Granted that may likely end in someone's death. Death is not the goal though, stopping the threat is.
If you shooting to slow them down, your not in "fear of your life" then. If they are moving slow, they can still hurt you. Better neutralize the threat. You can tie them up. That's a form of neutralization.
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http://law.justia.com/codes/georgia/2010/title-16/chapter-3/article-2/16-3-24 (http://law.justia.com/codes/georgia/2010/title-16/chapter-3/article-2/16-3-24)
[size=2rem]2010 Georgia CodeTITLE 16 - CRIMES AND OFFENSESCHAPTER 3 - DEFENSES TO CRIMINAL PROSECUTIONSARTICLE 2 - JUSTIFICATION AND EXCUSE§ 16-3-24 - Use of force in defense of property other than a habitation[/size]O.C.G.A. 16-3-24 (2010)16-3-24. Use of force in defense of property other than a habitation (a) A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with real property other than a habitation or personal property:(1) Lawfully in his possession;(2) Lawfully in the possession of a member of his immediate family; or(3) Belonging to a person whose property he has a legal duty to protect.(b) The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.[/font][/size]
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http://law.justia.com/codes/georgia/2010/title-16/chapter-3/article-2/16-3-24 (http://law.justia.com/codes/georgia/2010/title-16/chapter-3/article-2/16-3-24)
[size=2rem]2010 Georgia CodeTITLE 16 - CRIMES AND OFFENSESCHAPTER 3 - DEFENSES TO CRIMINAL PROSECUTIONSARTICLE 2 - JUSTIFICATION AND EXCUSE§ 16-3-24 - Use of force in defense of property other than a habitation[/size]O.C.G.A. 16-3-24 (2010)16-3-24. Use of force in defense of property other than a habitation (a) A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with real property other than a habitation or personal property:(1) Lawfully in his possession;(2) Lawfully in the possession of a member of his immediate family; or(3) Belonging to a person whose property he has a legal duty to protect.(b) The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.[/font][/size]
OCGA 16-3- 21 Also goes along with 24 as well probably all tie into each other for different scenarios.
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(b) The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property
other than a habitation or personal property is not justified
unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.
Defense of property other than habitation;
Lethal force cannot be used to protect personal property unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.
Forcible Felony- Any felony which involves the use or threat of physical force or violence against a person.
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http://www.georgiapacking.org/law.php
Deadly Force - There are 3 code sections that govern when lethal or deadly force may lawfully be used.
Defense from a forcible felony; A person is justified in using threats or force to the degree they reasonably believe it is necessary to stop another person's imminent use of unlawful force. A person is justified in using deadly force which may harm or kill 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 (unless it is regarding defense of habitation, which has its own requirements below). You are not justified if you were the aggressor or you are/were/on-the-way-to committing a felony. (The state has pre-empted local cities and counties from further restricting this defense.)(16-3-21)
Defense of habitation; (here habitation means dwelling, motor vehicle, or place of business) A person is justified in the use of force which is intended or likely to cause death or great bodily harm only if any one of the following is met:
A person is breaking\has broken into your home in a violent and tumultuous manner, and you think that the intruder is going to assault you or someone else living there.
A person who is not a member of the family or household and who unlawfully and forcibly enters the residence and you know it is an unlawful entry.
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.(16-3-23)
Defense of property other than habitation; Lethal force cannot be used to protect real property unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.(16-3-24)
Notes about Deadly force:
No duty to retreat: If you have determined you need to use lethal force (as stated in one of the underlined "Defense" sections immediately above) you do not have to try to retreat before using that force. This is an a part of a set of laws known as "Stand Your Ground," "Shoot First", or "License To Murder". In Georgia, there has never been a duty to retreat as per common law, however this was officially codified into law and went into effect July 1st, 2006 (basically, courts in GA have never required retreat unless the person was the aggressor, this common law creation of the courts was written into the official law in 2006).
Other Legal Defenses: Use of deadly force as described above is also a defense against certain carry/possession laws (carry laws found from 16-11-125.1 thru 16-11-138) you may inadvertantly break while you were using deadly force. (16-11-138)
Criminal and Civil Immunity: If your defense is valid as described above, you are immune from criminal prosecution (unless you were using a weapon in which the carry of it is unlawful as found in 16-11-120 thru 16-11-125, which is about the carry of sawed off rifles/shotguns, machine guns, silencers, and other dangerous weapons) and civil liability actions.(16-3-23.1, 16-3-24.2, 51-11-9)