Ability to buy or have a firearm after Conditional Discharge.

Discussion in 'GA Laws and Politics' started by papacarry, Nov 12, 2017.

  1. papacarry

    papacarry Member

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    This question is more direct after my last post on the subject.

    Individual has had several arrests for misdemeanor possession of marijuana over the space of almost ten years.

    First charge was in 2008.
    First Offender. Successfully completed probation. No conviction on record.

    Second charge was in 2010.
    Pretrial Diversion Program. Successfully completed program. No conviction on record.

    Third charge was in 2016.
    Conditional Discharge Program. No conviction on record when the probation portion of the program is completed on 03/18/2018.

    The ultimate question is how soon can they attempt to:

    • purchase a firearm
    • apply for a carry license
    • be able to have a firearm at all

    I understand that all responses are opinions and not to be taken as formal legal advice.
     
  2. Nemo

    Nemo Man of Myth and Legend

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    Still on probation. That kills it.

    2016-- still within 5 years, I believe Ga law kills that.

    Nemo
     

  3. mark5019

    mark5019 what me worry?

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    must be 5 yrs
     
  4. papacarry

    papacarry Member

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    That addresses the carry license but after successful probation, does the 5year rule also apply to submitting a 4473 to buy and if not buy can they be in possession of a firearm at all?
     
  5. mark5019

    mark5019 what me worry?

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    That I can't answer
     
  6. Gunstar1

    Gunstar1 Administrator

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    3 arrests for drugs over 10 years with the last being a year ago, fairly sure that would be considered "an unlawful user of or addicted to controlled substances".

    That bans posession.
     
  7. Phil1979

    Phil1979 Member Georgia Carry

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    Using MJ shouldn't be a reason to strip someone of their Second Amendment Rights.

    However, if you know that very well could happen, and you still manage to get arrested three different times for it, then at least one of two things is true:

    A. You don't really care about your RKBA.
    B. You lack a basic understanding of consequences for your own actions

    In other words, this person's stupidity caused them to become a prohibited person.
     
  8. EJR914

    EJR914 Cheezburger Operator

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    I know a veteran that was honorably discharged, and due to back injuries sustained during military activity, he chooses to combat his back pain with cannabis instead of being addicted to opioids, just throwing that out there. He swears by it.
     
    mark5019 likes this.
  9. MaricopaKid

    MaricopaKid Member

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    Seems like a mellow dude. I don't see a problem.
     
  10. janedoedad

    janedoedad Liver Abuser

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    Managing to get arrested three times for marijuana indicates a high degree of stupidity.
     
    Taurus92 likes this.
  11. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    A person with a recent misdemeanor drug conviction isn't a federal prohibited person, if they're not currently a "user" of that illegal drug, EVEN THOUGH such a person would have a 5-year prohibition under GA law from getting (or keeping) a carry permit.

    So I don't see how a "conditional discharge" would trigger a federal gun possession ban.
    Nor under state law, when the crime in question is just a misdemeanor, and not a family violence misdemeanor either.

    But, if the person's still on probation, there may be a gun possession ban as a rule and condition of probation. Georgia's criminal justice system is notoriously loose and sloppy about rules and conditions of probation, and people can be revoked without ever having been clearly told what's allowed and what's not. Judges delegate power to probation officers, and probation officers make up stuff on the fly.

    Does a history of three (3) documented times of being in POSSESSION of an illegal drug show that the person "is" (present tense) a user of that drug? 3 times over an 8-year period?
    Maybe. I don't know. That would be a close call. Maybe. It could.