Drug offenders who are later pardoned are ineligible for GFL

Discussion in 'GA Laws and Politics' started by Gunstar1, Oct 27, 2006.

  1. Gunstar1

    Gunstar1 Administrator

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  2. USMC - Retired

    USMC - Retired New Member

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  3. Gunstar1

    Gunstar1 Administrator

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    How dare it!
    Well since it seems the AG's site will not allow me to linky, I will just post the entire thing:

     
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Constitutional Question

    Despite the AG's unofficial opinion above, which says that the applicable STATUTE passed by the LEGISLATURE plainly intended to deny even pardoned drug felons the privilege of getting a GFL, one can argue that the STATUTE must yield to the GEORGIA CONSTITUTION.

    No, not the part about citizens bearing arms. The part about the Executive Branch, particularly the Board of Pardons and Paroles, having authority to issue pardons. A pardon normally means to wipe out all legal disabilities that come from a conviction. So maybe as a matter of constitutional law, a pardoned drug offender has a right to be treated exactly the same as a person never convicted of a drug offense? Even if the legislature doesn't like it and didn't intend to grant that right.

    Keep in mind that although the legislature has mandated " X number of years of prison, no parole or early release..." for several different crimes or for recidivist punishment, the Supreme Court has said that the Board may still pardon & parole such people despite such language in the statute, due to the Board's consitutional authority, which cannot be taken away by the legislative branch. It took the voters of this state passing an Amendment to the Georgia Constitution to strip the Board of its authority to grant parole to certain types of offenders, such as people who get convicted of a second "serious violent felony."
     
  5. mzmtg

    mzmtg Active Member

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    Yay, another great side-effect of the "War on (some) Drugs" :roll: