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Bill gives citizens more latitude to defend themselves (GA)
The Atlanta Journal-Constitution ^ | 03/03/06 | SONJI JACOBS

Posted on 03/03/2006 12:14:13 PM PST by neverdem

Georgians would be able to use deadly force to defend themselves in public areas such as parking lots and sidewalks under a National Rifle Association bill that passed the state Senate on Thursday.

The measure expands state law which allows Georgians to use deadly force in their homes or vehicles. The Senate approved Senate Bill 396 by a vote of 40-13, and the measure now heads to the House.

"We already have a very strong law in the state of Georgia, but I felt a couple of pieces were missing from the puzzle," said state Sen. Greg Goggans (R-Douglas), the bill's sponsor. "This makes the law stronger for all the law-abiding citizens and victims in this state. This is about putting common sense into code."

Several Democrats, however, expressed concerns that the bill would open the door to more violence because Georgians would be freer to claim self-defense.

"This is a recipe for murder," state Sen. Regina Thomas (D-Savannah) said. "We are trying so hard in this state — especially in Chatham County — to reduce crimes of any nature." She also expressed concern that the measure could increase the number of hate crimes in Georgia. But Goggans argued there was no evidence that the bill would encourage an increase in such crimes.

The NRA has been pushing similar bills, called "castle doctrine" legislation, in several states.

"We believe this is good public policy," said Andrew Arulanandam, spokesman for the National Rifle Association. "It is designed to place the law in favor of the victim.

"Contrary to claims, all this bill does is provide victims an option ... to either stand their ground or not. When a crime occurs, victims don't have the luxury of time. With the passage of this measure, they will have more options available."

Goggans told colleagues the measure would change Georgia's current law in four key areas. The bill:

•Extends the ability of Georgians to use deadly force beyond their homes, vehicles, personal property and businesses into the public arena.

•Puts into Georgia code that law-abiding citizens have no duty to retreat if attacked, a matter upon which the law is currently silent.

•Grants immunity from criminal prosecution to those who justifiably use deadly force, unless they used an unlawful weapon in protecting themselves.

•Grants people who use deadly force immunity from civil actions.

Several groups, such as Georgians for Gun Safety, have argued in the past few months that the measure could lead to more violence and expressed disappointment with lawmakers following the vote.

"They didn't think or care about the danger that the public will face when people use deadly force to settle disputes in public places," said Alice Johnson, director of Georgians for Gun Safety. "The message is that you can use deadly force anywhere and there will be no repercussions."

Staff writer James Salzer contributed to this article.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; Politics/Elections; US: Georgia
KEYWORDS: banglist
Grants immunity from criminal prosecution to those who justifiably use deadly force, unless they used an unlawful weapon in protecting themselves.

What's an unlawful weapon?

1 posted on 03/03/2006 12:14:16 PM PST by neverdem
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To: neverdem

Good question, all I can think of is using a sawed off shotgun, silenced, or full auto weapon? I'm also curious to find out.


2 posted on 03/03/2006 12:28:32 PM PST by webster
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To: neverdem

Prrobably and preferably, an illegally possessed weapon - illegal full-auto, stolen handgun, etc., etc.

I.E., a weapon that would otherwise be legal for the person to own and possess doesn't become a source for charges if you have to shoot someone with it.


3 posted on 03/03/2006 12:32:39 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: neverdem

Increase hate crimes ? Talk about insulting a persons intelligence .... Nice try on her part though


4 posted on 03/03/2006 1:22:47 PM PST by FRONTLINER ( Out with the RINO'S ! Defeat Mike DeWhine in the primary !)
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To: neverdem
"This is a recipe for murder," state Sen. Regina Thomas (D-Savannah) said. "We are trying so hard in this state — especially in Chatham County — to reduce crimes of any nature."

What part of "self defense" does she not understand?

5 posted on 03/03/2006 1:36:24 PM PST by Logophile
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To: Logophile

Hey, this is a Democrat! Cut her some slack, man. What else does she know?


6 posted on 03/03/2006 2:13:02 PM PST by OldPossum
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