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SB 472 Domestic Relations; persons convicted of misdemeanor crimes of family violence from receivin

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#1 ·
2017-2018 Regular Session - SB 472 Domestic Relations; persons convicted of misdemeanor crimes of family violence from receiving, possessing, or transporting a firearm; prohibit
http://www.legis.ga.gov/Legislation/en-US/display/20172018/SB/472

Sponsored By
(1) Jordan, Jennifer 6th(2) Williams, Nikema 39th

Committees
SC: Judiciary HC:

First Reader Summary
A BILL to be entitled an Act to amend Titles 16 and 19 of the Official Code of Georgia Annotated, relating to crimes and offenses and to domestic relations, respectively, so as to prohibit persons convicted of misdemeanor crimes of family violence from receiving, possessing, or transporting a firearm and to prohibit persons subject to family violence protective orders from receiving, possessing, or transporting a firearm; to provide an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

Status History
Feb/22/2018 - Senate Read and Referred
Feb/21/2018 - Senate Hopper
 
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#3 ·
I was under the impression misdemeanor DV had been a federal prohibitor since the ‘90s. Does this bill criminalize anything that’s not already against federal law?
 
#4 · (Edited)
I was under the impression misdemeanor DV had been a federal prohibitor since the '90s. Does this bill criminalize anything that's not already against federal law?
Yes, see below.

It does contain a notice provision notifying a person convicted so he knows about the prohibition and does not violate it in ignorance. See starting at line 29 and starting at line 95 (and other lines). To be fair, I would be in favor of this part (notice) passing just to let convicts know about the federal law so they do not get arrested on felony charges without being aware they did anything wrong.

It also, however, prosecutes those who do not shed their guns within 24 hours and provide proof to the court within 72 hours. In a way, it criminalizes the disposition of firearms to anybody but an FFL. See lines 100 and 108.

In other words, selling them to a friend or a relative would not suffice. ONLY an FFL would satisfy Georgia law if this bill passes. It would be a crime to sell your guns to anybody but an FFL, so, yes, this bill criminalizes something that is not already against federal law.
 
#5 ·
So, it's essentially confiscation but tries to dodge that objection to the law by shifting it to force the sale to an FFL under duress and thereby potentially deprive the citizen of actual value compensation for their possessions.
 
#7 ·
Yeah, I can't imagine the price an FFL would offer under such circumstances, and the extremely tight deadline one has to comply means he cannot exactly shop around much without finding himself brought up on further charges for violating a new gun law.
 
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