You Shot Him, But No GWCL. Now What?

So you did it. You shot the dude. Hey, he deserved shooting. He was menacing you and your wife in the mall parking lot. You had just come out of the mall, headed to your car, he starts harassing you, demanding money, acts like he has a gun, pulls something out of his pocket, so you shot him. Good for you.

crime scene parking lotBut…you don’t have a GWCL. Are you in trouble? Afterall, without a GWCL you can’t carry except on your property, in your business and IN your car. You aren’t hunting and fishing, so you can’t argue that either. So, trouble?

No, you’re good once your friendly and competent lawyer gets onboard. The police might get confused by the issue. They might charge you for violating OCGA 16-11-126 because you are NOT carrying in compliance with the code. I understand. Not every cop knows every law. I know every lawyer doesn’t know every law, heck, many of them don’t know gun laws. So the cop charges you.

You get to the station and call your lawyer. Two code sections apply:

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§ 16-3-24.2. Immunity from prosecution; exception

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 of Article 4 of Chapter 11 of this title.
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§ 16-11-138. Defense of self or others as absolute defense
Defense of self or others, as contemplated by and provided for under Article 2 of Chapter 3 of this title, shall be an absolute defense to any violation under this part. (US: That means all the relevant gun carry laws do not apply when you use a gun in absolute defense.)
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So… you win and get to go home.

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