Defensive Weapon, Question about 16-11-127

Discussion in 'General GWL Questions' started by ahlongslide, Apr 23, 2007.

  1. ahlongslide

    ahlongslide New Member

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    "O.C.G.A. § 16-11-127
    Carrying deadly weapons to or at public gatherings; affirmative defenses

    (a) Except as provided in Code Section 16-11-127.1, a person is guilty of a misdemeanor when he or she carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense."

    So, if I can prove that my gun was designed (maybe custom built) for ONLY defensive purposes (or ONLY offensive purposes, or neither), then wouldn't the public gathering thing not apply to it?

    Just because it is capable of something doesn't mean it was "designed" for it.
     
  2. ptsmith24

    ptsmith24 New Member

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    Seems tough to me... I've only used my knife as a tool and pretty much carry it everywhere.
     

  3. ahlongslide

    ahlongslide New Member

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    Exactly, I believe that is why it is worded that way. To exclude knives that aren't designed for offense and defense... So, it must apply to the rest of the list as well.

    If I install a toothpick, screwdriver, and a can opener in the butthole of my Glock, then it can be considered a multitool right? :D
     
  4. ptsmith24

    ptsmith24 New Member

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    Gotta be careful with that toothpick function, though. don't wanna get charged with pointing it at someone. :lol:
     
  5. tony218

    tony218 New Member

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    i consider my M&P a paper punch!!!
     
  6. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    My Guess

    I think this law clearly doesn't apply to pocket knives that are intended to be utility tools. Most folding knives, even lock-backs, would fit into that category (tools). I am guessing this law was intended by the legislature to apply to combat/military knives, that is to say "edged weapons." If that is the intent, then it was a mistake to use "and" when they really meant "or." Offensive knives or defensive knives. In other words, both offensive knives and defensive knives are affected by this law.

    Unlike the school zone law or the possession of knife during commission of a felony law, blade length isn't a legal requirement.

    Now, I wonder where a fixed-blade hunting knife would fit into this picture? What's the difference between a military fighting knife, a pilot's survival knife, and a 6" bladed hunting knife made to be worn in a sheath on your belt? Not any practical difference! The only distinction would be in the marketing, the packaging, and maybe what kind of stores you'd expect to find them in.
     
  7. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Caselaw

    Here's some caselaw. I was wrong. Or the Court of Appeals is wrong and I'm right. No, I can't be right and be contrary to the Court of Appeals unless I'm on the Supreme Court, and siding with the majority. Which I'm not. Yet. So I'm wrong. For now.

    It looks like edged tools that were never intended nor designed to be weapons of any sort, neither offensive nor defensive, can still be prohibited by this statute. It all depends on how and where the instrument was carried, and whether it would have hurt somebody if somebody had used it like an offensive weapon.

    Here are citations to two cases. All words following the citations are mine, not a direct quote. It's a very loose paraphrase.

    DORSEY v. STATE

    COURT OF APPEALS OF GEORGIA

    212 Ga. App. 830; 442 S.E.2d 922 (1994)

    QUESTION: Is a scalpel a tool or a “knife designed for the purpose of offense and defense?â€

    ANSWER: Both. It’s a tool that can be, under the circumstances of how and where it was carried, similar to an offensive and defensive knife. The statute specifically includes a catch-all provision for instruments “of like character.†That would include tools that can be pressed into service as weapons, too.

    ---------------------------------------------------------------------
    SIMMONS v. THE STATE

    No. S92A1488

    Supreme Court of Georgia

    262 Ga. 674; 424 S.E.2d 274 (1993)

    Georgia’s law on the carrying of concealed weapons as it relates to knives is not unconstitutionally vague. The statute puts the public on notice as to what kind of dangerous instruments are prohibited, so that they can govern themselves accordingly. (There are no facts in the record as to what kind of knife, or what size, was the basis of Simmons’ conviction).
     
  8. ahlongslide

    ahlongslide New Member

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    So, gunsmoker... I hated english class therefore I didn't listen. Is the sentence supposed to read as "blah blah blah or knife designed for offense or defense purposes"? I wondered that so I asked my english-literate wife prior to posting this topic if the offense and defense statement was supposed to be just applicable to the knife or if it is for the entire list of weapons... she said that it applied to the whole list... but she might be wrong... and apparently was judging by the lack of responses to my initial question.

    Thanks
     
  9. ahlongslide

    ahlongslide New Member

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    Re: Caselaw

    That's scary... My first degree was in Architecture, and I had literally hundreds of exacto knives at my disposal as well as battery operated saws and the like... all on campus.

    I could've been arrested for multiple felonies :shock: ...
     
  10. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    you still can

    Oh, you still can. There are so many exceptions to the Statute of Limitations, such as if the crime was not detected... if the crime was known but the perpetrator was not identified....

    But I'm sure you'll be OK. Georgia's laws were meant to be selectively enforced. As long as you're successful, white, and a good Christian, nobody's going to work too hard to prosecute you. <I'm being sarcastic about the selective enforcement. I don't think that's how it is now, but I really do believe that is how it was. Make everything a crime and give cops and prosecutors discretion to arrest just about anybody they encounter, if they think that person needs to spend a little time in handcuffs.