[viper32cm]

I'd like to investigate one of the lesser known exceptions in 16-11-130, specifically 16-11-130(a)(15) which states.

Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order...Clerks of the superior courts

When I read this the first thing that I thought was "WHY?" Why does a state trial court clerk earn the ability to be exempt from 126-128.

I bring this up because one of the jobs that I would like to get after graduation from law school is as a Law Clerk for a Federal Trial or Appellate Judge. And before checking 16-11-130 I at least had the hope that clerks for federal courts would receive an exemption, just like Federal Judges do.

I can't comprehend how a State Trial Court Clerk's job would be so special as to warrant exceptions from the other carry laws. And how is a state trial court clerk's peril any different from that of a Federal trial court clerk or a state or federal appellate level clerk for that matter?

I just don't get it.

 

[Gunstar1]

just a guess but maybe it is because the clerks are the other face of the judge (meaning you often see the clerk instead of the judge). They can use the "judge told me to" excuse but a person may see the judge once or twice and see the clerk many more times than that.

 

[GAGunOwner]

Why does a state trial court clerk earn the ability to be exempt from 126-128.

Nobody "earns" this privilege, they just were granted it by the legislature.

 

[GAGunOwner]

Aren't Clerks of Superior Courts elected in Georgia? If they are, this may be the reason they may have been added to "the list."

 

[jrm]

Yes, superior court clerks are elected.

Viper, the superior court clerk is not the law clerk (newly-admitted lawyer getting a job helping the judge with cases) you are thinking of with a federal judge. The superior court clerk is an elected official with responsibility for overseeing the whole court system not directly controlled by judges. Why the position is given a firearms exemption is up for grabs, but it is conceivable that someone thought court clerks are as likely to incur the wrath of a disgruntled litigant/criminal defendant as are judges and prosecutors (who also are exempt).

 

[Malum Prohibitum]

it is conceivable that someone thought court clerks are as likely to incur the wrath of a disgruntled litigant/criminal defendant as are judges and prosecutors (who also are exempt).

What about the attorneys and the litigants?

 

[jrm]

They are fair game.

 

[GAGunOwner]

it is conceivable that someone thought court clerks are as likely to incur the wrath of a disgruntled litigant/criminal defendant as are judges and prosecutors (who also are exempt).

What about the attorneys and the litigants?

They're not gov't people silly.