Do pending charges make you a prohibited person

Discussion in 'GA Laws and Politics' started by Smilodon, Oct 14, 2020.

  1. Smilodon

    Smilodon Active Member

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    I have a relative with a pending charge for having a sawed off shotgun. The police want to return the rest of their firearm collection to me. What is my responsibility here?
     
    Last edited: Oct 14, 2020
  2. rmodel65

    rmodel65 Yukon Cornelius

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    Not if they have been under indictment
    They cannot possess until found not guilty...

    https://www.law.cornell.edu/uscode/text/18/922

    (d)It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
    indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
     
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  3. Smilodon

    Smilodon Active Member

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    Thank you, that's what I thought. I didn't know that it included ammunition too. That seems kind of crazy. A convicted felon can still buy ammo.
     
  4. Wegahe

    Wegahe NRA Instructor

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    Actually no a felon can NOT buy, hold touch or otherwise posses ammo legally.
     
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  5. rmodel65

    rmodel65 Yukon Cornelius

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    They can have pre 1899 or so ammo cartridges. Well in states other than GA
     
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  6. Phil1979

    Phil1979 Member Georgia Carry

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    Can have antique-style black powder guns in some states. Georgia not being one of them.
     
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  7. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Anyhow, Smiledon, if you choose to accept the job of being a caretaker for your relative's gun collection while he sorts out his legal troubles in the court system,
    I think your duty would be to exercise ordinary care in using and storing those firearms. Absent some agreement in writing I think you would be allowed to treat those guns as your own for most purposes, and treat them as carefully and respectfully as a prudent responsible sober gun owner would treat the guns in his own collection.

    But in some ways, you can't treat the guns as yours.
    For example, modifying them permanently, or selling them, or otherwise knowingly diminishing their value.


    One other thing you cannot do with them is hand them back to him until you are satisfied that the charges are dismissed or have otherwise ended without a felony conviction. This probably will put a duty on you to investigate the matter and not simply take your friends word for it if he says
    "all my charges are dismissed, so I want all my guns back now."
     
    Last edited: Oct 14, 2020
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  8. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Finally, you and your relative should have an understanding preferably in writing that if he loses his gun rights due to this new felony charge you will not return his guns to him. Rather, you would transfer them to a person who is willing to undergo a background check and have the transfer process through an FFL, or you can simply sell the guns to any qualified buyer in the market (perhaps as A private party sale which may not require an FFL ) and give your relative the money.
     
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  9. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    or, your relative could
    1-- create a trust
    2-- put all his guns into the trust
    3-- name you as the trustee.
    4-- eventually the Trust will distribute those guns from the trust to your relative's children or grandchildren when they come of age.
     
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  10. jrm

    jrm Sledgehammer

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    That's not exactly correct. It is illegal to (knowingly) transfer a firearm to a person who is under indictment for a felony, but there is no prohibition against that person retaining the firearms that he already has. There also is no prohibition against that person obtaining a firearm. That means a person under indictment for a felony can lawfully buy a gun in a private sale if the seller does not have reason to believe the person is under indictment. But the same person could not obtain a gun at a gun store, because the 4473 asks if you are under indictment for a felony and it is a crime to lie on the form. It is rather nonsensical, but that's what the statute says.
     
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  11. moe mensale

    moe mensale Well-Known Member

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    Just to clarify if you would, is it an actual "sawed off shotgun" or one of those new Mossberg Shockwave or Remington Tac-14 type non-shotguns?
     
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  12. jrm

    jrm Sledgehammer

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    Another point: When you say "pending charge," what does that mean? If he was just arrested and nothing more (which is likely if it is a state issue), then he is not under indictment for a felony and you are not prohibited form transferring a firearm to him. GA has not yet resumed grand jury meetings since suspending them for COVID, so no one is being indicted for anything in the state system in GA.
     
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  13. jrm

    jrm Sledgehammer

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    Some counties are now starting to convene grand juries. So indictments might be coming out soon. You may have a narrow window in time with no indictment.
     
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  14. Smilodon

    Smilodon Active Member

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    Thank you all for the tips.
     
  15. Smilodon

    Smilodon Active Member

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    I thought it was for an antique single shot, but they returned it to me. And by eyeballing it, it looked to be close to 20 maybe 22". That one belonged to my grand father and according to my dad the barrel split and he cut it back at least twice. So now I don't know.
     
  16. Wegahe

    Wegahe NRA Instructor

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    Get a tape measure and measure it from the muzzle to the chamber opening. If it's 18 inches or over then it is legal. If not then they should not have given it to you.
     
  17. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    If the cops gave it to you, I expect your relative's
    gun charges to be dismissed momentarily.
    Cops don't give contraband to the criminal's family.
    They save it as evidence for trial.
     
  18. moe mensale

    moe mensale Well-Known Member

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    Simplest way is to put a wooden dowel or a cleaning rod in the barrel on an empty closed chamber and measure.