[papacarry]

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?

 

[Phil1979]

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.

 

[papacarry]

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?

 

[Phil1979]

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

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?

 

[mrhutch]

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.

 

[Wegahe]

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

 

[Nemo]

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

Nemo

 

[papacarry]

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

Nemo

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

 

[UtiPossidetis]

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.

 

[Nemo]

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

Nemo

 

[budder]

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.

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

 

[frankr]

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.

 

[rankhornjp]

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?

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.

40-5-75. Suspension of licenses by operation of law; reinstatement

(a) The driver's license of any person convicted of driving or being in actual physical control of any moving vehicle while under the influence of a controlled substance or marijuana in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391, or the equivalent law of any other jurisdiction, shall by operation of law be suspended, and such suspension shall be subject to the following terms and conditions:

(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for not less than 180 days. At the end of 180 days, the person may apply to the department for reinstatement of his or her driver's license. Such license shall be reinstated only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays to the department a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail;

40-6-391. Driving under the influence of alcohol, drugs, or other intoxicating substances; penalties; publication of notice of conviction for persons convicted for second time; endangering a child

(a) A person shall not drive or be in actual physical control of any moving vehicle while:

(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;

(2) Under the influence of any drug to the extent that it is less safe for the person to drive;

(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;

(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;

(5) The person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or

(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.

From the Accountability Courts Standards:

Courts shall only admit eligible DUI/Drug court participants post-conviction. Under no circumstance shall a DUI charge be dismissed as a condition of completing a DUI court sentence/program.