Dekalb changes

Discussion in 'GWL News & Information' started by Defensor, Oct 30, 2006.

  1. Defensor

    Defensor New Member

    Has anyone seen this? It appears to be a significant change. Can you explain what it means?

    I hate to sound sarcastic (well not really), but it sounds like if you are convicted of littering in a zone where you see those signs that say littering can be punished by a $1000 fine or one year in prison you are disqualified in dekalb county.
  2. foshizzle

    foshizzle New Member

    Do you mean...

    "I am not presently under indictment in any court for an offense punishable by imprisonment for a term in excess of one year, nor am I the subject of an offense punishable by imprisonment for a term in excess of one year which has been referred to a general court-martial, nor am I a fugitive from justice."

    For one, you cannot really be "under indictment" unless a grand jury deems you to be so. From my personal experience, they will not convene a grand jury and seek felony charges for littering... that seems like a county ordinance.

    Of course, I'm no legal beagle, but I'm pretty confident in saying that there is NO WAY IN HELL you will have your GFL revoked as you await the disposition on a county ordinance related to littering. That's just another stupid county law... I suppose you could have the same dilemna if you drove past the toll booth on GA400 without paying or burned leaves in your front yard... NOW.. if you were charged with a felony.. then yeah, that is disqualifying on a few levels... but littering is NOT a felony... maybe crusing through a construction zone 50mph over the limit IS.. but this is folley.

  3. Gunstar1

    Gunstar1 Administrator

    That is just a confusing way of saying that Georgia now requires you to pass a NICS check when you apply or renew your license (the same check they do when you purchase a firearm from a dealer).

    That exceeding 1 year language (which comes from the federal law for purchasing firearms) basically defines the prison term difference between a misdemeanor (where a prison term is a maximum of 1 year) to a felony which is at least 1 year. (Some states may call a misdemeanor 2 years or a year and a half, but the feds treat any term over 1 year as a felony, so when it says exceeding 1 year it does not include those with exactly 1 year or less).

    As the littering thing goes, it is saying basically it is a misdemeanor, which does not at all affect your GFL or ability to apply or renew... or purchase firearms for that matter.

    Check this page for the new list of reasons for a denial, the "18 U.S.C. Section 922" sub-bullet is the list of people federally prohibited from purchasing a firearm.