Stand your Ground- What you need to know

With the increasing threat of crime in the United States, more and more people are carrying weapons for personal protection and home protection. Before you begin to carry a weapon, there are a few things that you should know.

Before you do anything, you should verify that you have the right to possess a weapon. Persons who have been convicted of a felony or crimes of domestic violence, for example may be prohibited or restricted in their possession of a firearm. In addition, mental health conditions and substance abuse histories may also be a factor. Finally, local ordinances, state and federal laws may restrict possession or require a license or other permission. It is best to check with local authorities before you possess a weapon.

Different states have different rules concerning open carry and concealed carry of a weapon. If you obtain a concealed carry license in Georgia, then you can carry a concealed weapon, but there are restrictions that must be observed, including bars, courthouses, schools, etc. In addition, if you enter upon private property, including property open to the public, the owner or his representative can ask you to remove the weapon or leave. In addition, do not assume that a concealed carry permit is valid when you travel. Many states have a mutual agreement concerning recognition of concealed carry permits, but it is best to check before you travel.

Once armed, you can only use reasonable force to protect yourself or another from imminent harm. If the threat of violence is being withdrawn, then you cannot use deadly force. If the person is retreating or otherwise not an actual and immediate threat, then deadly force is not authorized. In addition, if you are the cause for the threat of violence, then you may not be able to assert self-defense. In other words, you cannot “pick a fight” and then assert self-defense.

In Georgia, there is no duty to retreat from a threat of violence. This is not the same in other states. In many states, you must first retreat to safety and only use deadly force as a last resort. Again, it is very important to know the law as well as your rights. It is also important to understand that force can only be used defensively, the moment you go on the offense, you begin to lose the protection of the law.

If you are stopped by an officer with a weapon in the vehicle. It is a good idea to hand the officer your permit with your driver’s license. Tell the officer that you have a weapon, or weapons, and where they are in the vehicle. Law enforcement officers will appreciate the information and the cooperation you show them by demonstrating you understanding of their officer safety concerns can only benefit you, as well as the officer, during the traffic stop.

 When you do not have the weapon in your immediate possession, it should be secured from theft and stored in a location where children and other persons who are unfamiliar with weapons will not have access. For your safety, the weapon should also be carried in an appropriate holster.

When you carry a weapon, you should be proficient with the weapon. This means that you should practice at a range of suitable area, handle the weapon and become familiar with it and regularly clean and inspect the weapon and ammunition. You must also be honest with yourself about your ability to actually use the weapon in a self-defense situation. It is important to understand that when you have a weapon, every encounter with a person is an armed encounter. If you are not prepared to use the weapon responsibly, then you may be giving your assailant a weapon to use against you.

Finally, is important to stay current on the law concerning firearms and their use in personal protection.

In the end, you have a constitutional right to bear arms, but with that right comes responsibility.

Christopher Chapman has extensive experience in the representation of clients involving use of force and self defense and has helped clients successfully navigate the process from the incident through trial.. If you have been charged with a with using force, including deadly force and would like a case evaluation, call us at 770-515-9584 to schedule a legal consultation.