Georgia Repeals Citizen's Arrest Law

Not really repealed, but modified. We still have the right to detain suspects. It's just that the circumstances are more clearly defined.

The article doesn't claim the SYG is modified by the law's revision, only that SYG remains in place.

You can detain if you are personally threatened by a person committing an illegal act. You can not detain to “enforce” a law in which you are not being threatened.
It’s still murky— better to steer clear in most circumstances. It’s in response to the Ahmad Arbery murder trial.

Edit: I would encourage a direct reading of the text of the law when it becomes available (and the referenced code paragraphs that deal with circumstances that make detention by a citizen legal). I am unsure of where to find all the documents, but will keep looking. My choice of words may not have been the most accurate, but there does seem to be some allowances made for detention by a citizen.

drband said:

You can detain if you are personally threatened by a person committing an illegal act. You can not detain to “enforce” a law in which you are not being threatened.
It’s still murky— better to steer clear in most circumstances. It’s in response to the Ahmad Arbery murder trial.

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So if someone breaks in your house and murders your dog and your wife if you aren't personally threatened you can't detain them?

I will read the law again...

Kleanbore said:

Where did you get that idea?

That has never been lawful in any of rhe other forty-nine states or any if the territories.

Such is the case in Georgia.

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I'm having trouble getting the full text of the new law... but found this. It is a better explanation than what I previously typed.

from the ABCnews on line article: Under the repeal bill, people who are mere bystanders or witnesses generally no longer have the right to detain people. Deadly force can't be used to detain someone unless it’s in self-protection, protecting a home, or preventing a forcible felony. The changes retain Georgia’s “stand your ground” law, which says a person who is being threatened isn’t required to retreat. https://abcnews.go.com/Politics/wireStory/gov-kemp-set-repeal-georgias-1863-citizens-arrest-77601118

The "self-protection" point is what I was referring to. If anyone can find a link to the text of the new law, I would appreciate it. So far, I can only find the summary (posted here) https://www.legis.ga.gov/legislation/59726

Some clarification is needed(see text above--my underline added)... I'm not a lawyer, and I'm unsure of how amendments to the criminal code or arrest guidelines are actually stated and interpreted. Obviously, the news report linked above indicates there is allowance for detention in some cases by private citizens in certain circumstances, but not by citizens that are not directly involved in the prescribed manner written in the law (or code). I would like to see the text and have it made clear what is or is not legally acceptable.

After reading (and re-reading) the GA code concerning deadly force here: http://ga.elaws.us/law/16-3|2

I conclude that I can't tell if detention is specifically allowed when deadly force is allowed (in self-defense or to prevent injury or other specified harms). What I do understand is that ARREST by a regular citizen is now stricken from the law ( GA code). Detention does not seem to be the same term as "arrest," so a gray area remains (in my mind--for sure). In fact, "detention" is not mentioned in the GA code or the new law.

Stronger minds will have to figure this one out for me.

ilbob said:

So if someone breaks in your house and murders your dog and your wife if you aren't personally threatened you can't detain them?

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If someone murdered my wife and my dog I’m guessing I would also feel personally threatened.

"Citizen arrest" doesn't happen here often, but suspected burglars have been "detained" at gunpoint by homeowners for arrest by responding officers. In fact I have seen no mention of citizen's arrests in local papers.

Then this in this morning's paper:

From staff reports, "Suspect in custody in Orebank murder", Kingsport Times-News, 13 May 2021, p.A3
"... Sullivan County deputies arrived at the scene and located the female suspect, who was being detained with the help of bystanders. She was immediately taken into custody by deputies ...."

No mention of the bystanders being armed.

The original Georgia citizen arrest law was standing from 1863 without modification? The description of the reformAct includes the note it clarifies conflicts between various Georgia laws. AP usually has an anti-gun spin on anything remotely related to guns or self defense, so I am not surprised if they were making more of it than is there.

Question: where was the case of the two men (father and son as I recall) who took it on themselves to citizen's arrest or detain at gun point a stranger jogging in their neighborhood and it ended badly? Is this a reaction to that?

Carl N. Brown said:

The original Georgia citizen arrest law was standing from 1863 without modification? The description of the reformAct includes the note it clarifies conflicts between various Georgia laws. AP usually has an anti-gun spin on anything remotely related to guns or self defense, so I am not surprised if they were making more of it than is there.

Question: where was the case of the two men (father and son as I recall) who took it on themselves to citizen's arrest or detain at gun point a stranger jogging in their neighborhood and it ended badly? Is this a reaction to that?

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Yes, that incident seems to have led directly to this.