Georgia House Passes "Castle doctrine" Statute!

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    Georgia House Passes "Castle Doctrine" Statute!

    From NRA-ILA:

    Georgia "Castle Doctrine" Legislation Approved by House!
    Friday, March 24, 2006


    Today, Friday, March 24, Senate Bill 396 , the “Castle Doctrine” bill sponsored by Senator Greg Goggans (R-07), was approved by the full House on a vote of 115-42. This bill removes a citizen’s duty to retreat when faced with attack. SB 396 now goes to Governor Sonny Perdue (R) for consideration. Please be sure to contact your State Legislators and thank them for supporting your right to self-defense.

    The bill is below:

    06 LC 29 2287S (SCS)
    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 SENATE

    A BILL TO BE ENTITLED
    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 any deadly force used by 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.

    Great job, Georgia! Remember the representatives that supported this at the polls!

    Last edited by Rock and Glock; March 24th, 2006 at 10:26 PM.

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    Bit by bit - things are changing for the better - and much as anything I feel because FL went ''Castle''.

    I am hoping this trickle becomes a flood and all states get this enacted. IN was just recent too on this. I have to admit I feel encouraged.
    Chris - P95
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    re. castle doctrine..as they used to say.. the more, the merrier. unless you're the criminal type.

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    Congratulations Georgia!

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    Great move for our northern brothers n' sisters!
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