Bishop: Spring Gun

  • Issue: May a spring gun protect an empty home under OCGA 16-3-23 which states that a person may use deadly force only if to prevent a felony and such force is necessary to prevent it.
  • Holding: No, not in his absence from his home.

It is impossible for Bishop to form a reasonable belief when he is not home. Spring guns imperil the lives of children, firemen, and policemen acting within the scope of their employment. Deadly mechanical devices are without mercy or discretion