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Georgia ‘Stand Your Ground’ Law Challenged as Vague
The Wall Street Journal ^ | 04/10/12 | Sam Favate

Posted on 04/10/2012 2:44:07 PM PDT by AtlasStalled

Civil rights activist Markel Hutchins is challenging Georgia’s similar self-defense law in federal court, claiming that it leads to the “unnecessary use of lethal force” that could endanger people, and that the law should be struck down because it is vague and could result in a disproportionate number of minorities being shot, the Atlanta Journal-Constitution reported. * * * The suit also says that some courts accept race as evidence to “establish the reasonableness of an individual’s fear in cases of justifiable homicide,” and Hutchins claims that in those circumstances the law doesn’t equally protect him and other African Americans, AJC noted.

(Excerpt) Read more at blogs.wsj.com ...


TOPICS: Constitution/Conservatism; News/Current Events
KEYWORDS: banglist
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To: AtlasStalled

Markel is going to have a real uphill slog in Georgia. We have a near GOP supermajority in both state houses. Every other month they are passing some new and wonderful gun rights bill. Even as we speak they are considering constitutional carry. Sorry Markel, sell it somewhere else.


21 posted on 04/10/2012 9:01:02 PM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: traditional1

We have a cultural problem wherein a large portion of the black community not only excuses a high level of criminality, many even venerate it.

Until we are willing as a country to face this problem, we will be plagued with race hustlers like this knucklehead.


22 posted on 04/10/2012 9:09:26 PM PDT by FreedomPoster (Islam delenda est)
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To: AtlasStalled

Here is a link to the Georgia Bill: http://www1.legis.ga.gov/legis/2005_06/sum/sb396.htm
And here is the full text
06 SB396/AP
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
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 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.


23 posted on 04/11/2012 7:12:03 AM PDT by An American! (Proud To Be An American!)
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To: traditional1

Having a gun does you little good if you know not whom to shoot. Voter ID at the polls and verification of State citizenship in registration are indispensable pre-requensits to an honest election.

For now we will have to focus upon demonstrating to the rest of the population just how easily their & other people’s votes can and will be stolen & diluted. People must be aware of the system venerability and questioning its legitimacy for government actors to feel compelled to correct them.

The latest feasko of someone basically stealing Eric holder’s vote is a good example of what we should be doing in every state & localities that has such a problem.

Do this for 2 reasons:

1: To argue against abolishing the electoral cottage which isolates the population of responsible states from the fraudulently inflated voting rolls of irresponsible states.

2: To make people of all States feel less secure in the honesty of their election outcomes as to motivate them to demand strong reform.


24 posted on 04/11/2012 3:35:24 PM PDT by Monorprise
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