Drug Court - Firearm Ramifications

Discussion in 'Firearm Related' started by papacarry, Mar 1, 2017.

  1. papacarry

    papacarry Member

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    Situation is that someone related to me got popped for a misdemeanor marijuana charge. The prosecutor has offered one of two options:

    1. Plead guilty and receive probation for 12months and the charge stays on record. Of course they will lost their driving license because of the conviction.

    2. Take a Drug Court program, attend various meetings, drug testing, etc. but charges are dropped at the end of the program. Subject has had previous charges years ago with first offender program taken.

    My question is that will the Drug Court program, which entails going to SA (Substance Abuse) Meetings, prevent them from purchasing a firearm or obtaining a GWCL after 5years?
     
    Last edited: Mar 1, 2017
  2. Phil1979

    Phil1979 Member Georgia Carry

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    Well, form 4473 does ask if you are an illegal drug abuser. As far as what period of time must go by after you seek treatment, I don't know.
     

  3. papacarry

    papacarry Member

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    Found part of this from the GA code:

    (J) Except as provided for in subsection (b.1) of this Code section, any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application. The judge of the probate court may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the weapons carry license or renewal license;


    So if I understand this correctly, they should be good after 5years after they complete any program, but does this include court ordered (plea deal) action?
     
  4. Phil1979

    Phil1979 Member Georgia Carry

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    Most any judge would probably say, "yes". I'd be surprised otherwise.


     
  5. mrhutch

    mrhutch Well-Known Member

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    Does a misdemeanor charge disqualify you from gun ownership? I thought only felony charges did. I know of a few people with misdemeanor charges that still pass an NICS check.
     
  6. Wegahe

    Wegahe NRA Instructor

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    Sounds to me like either way he cannot get a GWCL for the 5 years following the completion of 1 or the other.
     
  7. Nemo

    Nemo Man of Myth and Legend

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    Was he a drug user? Or a drug abuser? I believe there is a difference.

    Nemo
     
  8. papacarry

    papacarry Member

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    User only. I know this individual personally, I am assuming that the prosecutor is giving them a break but not an easy one.
     
  9. UtiPossidetis

    UtiPossidetis American

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    We need an attorney to answer but as I read the statute above it says "inpatient". That means that they lived there for more than 23 hours continuously under Medicaid rules (which pretty much set the standard for such things medically anymore).

    (J) Except as provided for in subsection (b.1) of this Code section, any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application.
     
  10. Nemo

    Nemo Man of Myth and Legend

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    Being a User and not an Abuser is arguably not a disqualifier. 4473s ask about abusers.

    Nemo
     
  11. budder

    budder Moderator Staff Member

    Who said they would lose their license?

    16-13-2(b) covers the offense of possessing less than an ounce of marijuana. The whole code section is interesting, though. http://law.justia.com/codes/georgia/2010/title-16/chapter-13/article-1/16-13-2
     
  12. frankr

    frankr Active Member

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    I do not know about the firearms disqualification, but its my understanding that the drug court approach is very desirable, especially because it avoids the conviction long term and puts the person in treatment for the underlying addiction. Those who take option one are going to be more likely to continue in the addiction than those who work the process.
     
  13. rankhornjp

    rankhornjp Active Member

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    Statement 1 leads me to believe that this was DUI related. Is that correct?

    If that is correct, I would seriously research #2 and ask lots of questions, because dropping of charges can NOT be a part of participation in a DUI/Drug court.

    If that is not correct, then I believe that #1 is inaccurate as to him losing his license.




    From the Accountability Courts Standards: