Pro-gun legislators in Georgia have introduced a bill that would help protect gun owners who use their firearms in self-defense by strengthening the state’s Stand Your Ground (SYG) law.
HB 1226 provides much-needed legal protection that is currently missing from the law, according to the group Georgia Gun Owners (GGO).
“Georgia code presumes that if gun owners use a firearm in a self-defense situation, we’re guilty,” GGO said in an alert to members. “That means that instead of the state needing to prove our guilt, gun owners need to prove our innocence. That gives all of the power to the state! 20 states have fixed this, Georgia hasn’t.Clearly, Georgia’s self-defense laws need an overhaul.Thankfully, legislation (HB 1226) has been filed to fix this.”
In a nutshell, the measure would grant law-abiding gun owners the presumption of innocence in the wake of a self-defense shooting. Under the current SYG law, those using a gun for self-defense are considered guilty and most prove it was self-defense.
The current statute reads: “A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other’s imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.”
HB 1226 amends that to add: “Any such use of force is presumed to be reasonable and necessary for defense and justified pursuant to this Code section, but such presumption may be rebutted.”
The measure also gives those using a firearm for self-defense a chance to make that claim during arraignment.
“A claim of immunity pursuant to this Code section may be made during arraignment or as a pretrial motion,” the measure states. “When a prima-facie claim of immunity has been raised, such claim shall only be overcome by clear and convincing evidence.”
GOO is asking members to sign onto a letter to be emailed to lawmakers. The email simply reads: “Georgia’s self-defense laws presume that we’re guilty, forcing us to prove our innocence. That’s backwards! Help us fix it!”
Of course, anti-gun groups, including Georgia Majority for Gun Safety, are speaking out against the measure and asking their supporters to help kill the bill.
“There is no evidence of a widespread issue requiring these changes in Georgia,” the group wrote in an Instagram post. “Please take action now to stop this from passing the House. Gun rights activists have been flooding offices with calls, and we cannot allow legislators to believe they represent the majority of Georgians.”
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