Clarification please

Discussion in 'GA Laws and Politics' started by mzmtg, Jun 22, 2006.

  1. mzmtg

    mzmtg Active Member

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    The recently enacted SB396 sez:
    What piece of code is this? I'm confused by their language (surprise, surprise).
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    "This title" is title 16, which is the Criminal Code. Chapter 11 is offenses against public order (where the gun crimes are). Parts 2 or 3 of article 4 refer to the area in chapter 11.

    Article 4 is dangerous instrumentalities and practices. Parts 2 and 3 have their titles, too, but essentially include 16-11-120 through 134.

    :wink:
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    In other words, you can still be prosecuted (i.e., no immunity from prosecution) if you were breaking sections 120 through 134 at the time, such as, say if you defended a 12 year old girl who was about to be gang raped during an armed robbery at Applebees (since that is a public gathering under section 127).

    If the use of force was legal, you will probably still be acquitted of that charge, but immunity (say, if it occurred next door at Eckerd's instead of at Applebees) would probably prevent the DA from bringing the charge in the first place.

    None of this matters for two weeks anyway.
     
  4. mzmtg

    mzmtg Active Member

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    That's where I was going with this.

    So a "good shoot" could still occur at a "public gathering." Of course, I don't want to be the test case of someone who gets no-billed for murder but then charged with the misdemeanor of carrying at the "public gathering."

    Well...

    I'd rather be fighting a misdemeanor than watching my wife get assaulted in the parking lot of the steak house...
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Yeah, there is nothing to prevent the "public gathering" charge in any event. What an immoral and offensive law.
     
  6. USMC - Retired

    USMC - Retired Active Member

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    Next thing you know a GFL holder will be charged because the five gang members that tried to rob and assault him constitued a public gathering since they gathered at a specific spot with the same purpose. (to rob and assault someone)
     
  7. tony218

    tony218 New Member

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    hush, don't give the da anymore ideas.