Challenge

Discussion in 'Firearm Related' started by Malum Prohibitum, Sep 14, 2007.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Can anyone find a requirement in the Georgia Code that one present his firearms license to a police officer, even when asked?
     
  2. Thorsen

    Thorsen New Member

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    Its not there. Not directly at least. But I think a good arguement could be made by a prosecutor that O.C.G.A. § 16-11-129 section e which states :

    could be construed as direct implication that a GFL must be presented when asked as without that implied command this statute and those concerning the carrying of weapons without a license become completely unenforceable. I think a court would most definitely rule that was the intent of the legislature.

    And, no, I don't want to be the guinea pig :lol:
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  4. Thorsen

    Thorsen New Member

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    Yes, but wouldn't this fall more along the lines of res ipsa loquitur?

    I'm just ballparking here as obviously were are talking about your field of expertise, but on its face it does appear to speak for itself.
     
  5. viper32cm

    viper32cm New Member

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    Well 16-11-129(e) doesn't require you to present the license you could tell the cop to leave you alone when asked to present, and that would be prima facie evidence of a violation of 16-11-128.

    I suppose a better question is this: When do you want to rebut the prima facie evidence?

    A) With the cop on the street, by presenting your GFL
    B) With the judge, after being arrested for a violation of 16-11-128

    You decide...