Gov. Kemp says repeal citizens arrest law

[Mrs_Esterhouse]

No.

Read 16-3-23 Use of force in defense of habitation and 16-3-24.1 Habitation and personal property defined

No, my neighbor would be in trouble.

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.

 

[CQB27]

No, my neighbor would be in trouble.

You are quoting the wrong code section. A motor vehicle is not "property other than a habitation" in this sense.

16-3-23. Use of force in defense of habitation

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

And

16-3-24.1. Habitation and personal property defined

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

Your neighbor would be fine.

 

[Mrs_Esterhouse]

You are quoting the wrong code section. A motor vehicle is not "property other than a habitation" in this sense.

16-3-23. Use of force in defense of habitation

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

And

16-3-24.1. Habitation and personal property defined

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

Your neighbor would be fine.

I have a $1000 Trek bike in my driveway chained to a pole that the thief is attempting to steal. I see it on my camera and alert the neighbor who tackles and handcuffs the thief. This would no longer be legal.

 

[CQB27]

I have a $1000 Trek bike in my driveway chained to a pole that the thief is attempting to steal. I see it on my camera and alert the neighbor who tackles and handcuffs the thief. This would no longer be legal.

 

[Mrs_Esterhouse]

 

[Mrs_Esterhouse]

This is really bad guys. This is GA turning into CA right before our eyes. Do something to stop it. Write your reps! Do not sit idle! Democrats sure as hell don't!

Enter your zip code to contact your state rep in opposition of HB 479:

https://openstates.org/find_your_legislator/

 

[Mrs_Esterhouse]

This is really bad guys. This is GA turning into CA right before our eyes. Do something to stop it. Write your reps! Do not sit idle! Democrats don't!

Enter Zip code to contact your state rep in opposition of HB 479:

https://openstates.org/find_your_legislator/

Write a fast, respectful email to each in opposition to HB 479. These are the judicial committee members handling the advancement of the bill.

chuck.efstration@house.ga.gov
stan.gunter@house.ga.gov
mitchell.scoggins@house.ga.gov
roger.bruce@house.ga.gov
david.dreyer@house.ga.gov
stacey.evans@house.ga.gov
barry.fleming@house.ga.gov
scott.holcomb@house.ga.gov
todd.jones@house.ga.gov
trey.kelley@house.ga.gov
rob.leverett@house.ga.gov
mary.oliver@house.ga.gov
bert.reeves@house.ga.gov
bonnie.rich@house.ga.gov
mike.wilensky@house.ga.gov
matthew.wilson@house.ga.gov

 

[alnen]

Pandering to the group that won't vote for him anyway? Lol, always worked out well for Republicans back when voting mattered. I'm assuming this is over the guys that stopped the black guy they thought was breaking and entering into houses and ended up shooting him when he lunged toward their gun? Is he going to formally switch over to d or still keep the r?

 

[Mrs_Esterhouse]

Pandering to the group that won't vote for him anyway? Lol, always worked out well for Republicans back when voting mattered. I'm assuming this is over the guys that stopped the black guy they thought was breaking and entering into houses and ended up shooting him when he lunged toward their gun? Is he going to formally switch over to d or still keep the r?

Forget loser ass Kemp. Please write your state rep and tell them to vote no on HB 479.

 

[Malum Prohibitum]

I think the new bill will prevent you from making a citizens arrest outside of your property for a suspected property crime, in other words in a public place. It's a direct response to the two idiots that attempted to detained and then killed that man in a middle of a public street in Brunswick.

You are 100% correct.

That was not a citizen's arrest, though, as there was no probable cause to arrest. Even the defendants in that case claim they just wanted to "talk" to Arbery. They are not claiming that they wanted to detain him because they know that they had no basis to do so.

HB 479 would not have changed the outcome in that situation.

It will, however, prevent you and other Georgians from arresting criminals, and it won't take criminals long to figure out the new law and use it to their advantage.

Literally, a man could run up, punch you in the eyeball, then turn and jog away. The attack has ceased. There is no self defense to be exercised in that situation. Under current law, you could tackle this man and hold him for the police. If HB 479 passes, you would be committing a criminal attack and arrested for a violent crime for detaining this man.

Essentially, criminals will be able to get away with whatever they want if there is not a police officer nearby.

This law turns victims into criminals.