[OldMarksman]

Make it three if Georgia is not among them

Georgia was indeed among them, "potentially"--the discussion was about the television. Georgia has some kind of provision about using deadly force to protect property in an instance involving a forcible felony. I do not know if it applies here and I wouldn't want to risk it.

Nor would I use deadly force to protect property simply because it might be legal in a couple of jurisdictions. Who knows, I might be unwittingly and unintentionally instrumental in getting the law repealed.

Pay very close attention to Section 3 part B. I've read this about 20 times now and what I got from it was if someone unrelated to me forces their way into my house or if I stumble upon them in my house I can shoot them as I am "presumed to have held a reasonable fear of threat of imminent death or serious bodily injury" in such a situation.

Did you ever happen to notice the word "occupied" before "habitation" in Section 3 Part B?

(b) A person is presumed to have held a reasonable fear of imminent threat of death or serious bodily injury to himself or herself or to another when using defensive force that is intended or likely to cause death or great bodily harm to another if the person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered upon an occupied habitation and the person who uses defensive force knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred."

http://www.legis.state.ga.us/legis/2...ext/hb1061.htm

However, that portion of the bill does not appear to have made it ultimately into the Georgia Code, in which it says

... [a] 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.

(Georgia Code - Crimes and Offenses - Title 16, Section 16-3-23)

...nor does it seem to be very relevant.

http://law.onecle.com/georgia/16/16-3-23.html

That wording would appear to say that if one knew or had reason to believe that an unlawful and forcible entry had occurred, deadly force would be permissible. Would "stumbling upon" someone in your house give you sufficient knowledge or reason to believe that?

I haven't read it twenty times, but if there is one thing I learned in working directly for the General Counsel for a major business, and in working directly with the Law Department for more than two decades, it is to not try to interpret a law using lay dictionary definitions and without knowing how the courts have interpreted that lay in the context of the mosaic of the other laws including the state constitution.

And again---maybe you can shoot, but should you? I wouldn't, except to defend against death or serious injury.

By the way, I was told the other day that if I were to leave my doors open and go out of town for a week, my television would be among the things that remain!