First Offender and GWL - Just applied

Discussion in 'General GWL Questions' started by oldschool68, Jan 24, 2011.

  1. oldschool68

    oldschool68 New Member

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    I am searching the forums for related topics, but figured I would post with my specifics in the mean time.

    I pled first offender on a terroristic threats charge about 8 years ago. Finished up probation fine with no issues and was discharged from probation and not adjudicated as guilty. My background shows one misdemeanor conviction of reckless conduct and nothing else.

    I just applied recently for my GWL and after researching statutes, I am unable to find anything that would prohibit me from receiving a GWL. Of course, it is the government and they can do what they want under the facade of any legal reason. I am mainly just looking to hear other stories and experiences that other board members have had.

    I am a Cobb County resident as I am sure each county is different to a degree.

    Any input and advice or experiences would be greatly appreciated. If all goes well, I will hopefully have my GWL in a few weeks and be an active member of this board!
     
  2. budder

    budder Moderator Staff Member

    Welcome to the forums!

    The only issue I foresee is with 16-11-129, which states in (d)(4):
    What is probably happen is the judge will request a hearing for you to explain what happened with the reckless conduct charge before signing off on the license. If you can show the judge that you have learned your lesson (or were improperly convicted, etc.) and do not deserve to be blocked, (s)he should issue the license. I recommend searching the forums (especially the "General GWL Questions" and "Ga. County Licensing Information" for the word "hearing" to see what others have experienced.

    Then again, you might just have the license issued, which would save you some time and having to take a day off work. Good luck!
     

  3. oldschool68

    oldschool68 New Member

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    Thank you for the quick reply. Conveniently, I work for an attorney presently and am at the courthouse virtually everyday. Hopefully it does not come down to that, but I will gladly present myself if necessary.
     
  4. JMan

    JMan New Member

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    I would put money on it that you would have to go prove your self and reason to have a license to carry . Hope all works well , but for some reason I feel it will be negative though.
     
  5. oldschool68

    oldschool68 New Member

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    Thats fine... hopefully I wont have to. I know personally most of the Judges in Cobb over the past five years so hopefully when my name pops up they say, "I know him" --- sign ---

    if not ... oh well
     
  6. JMan

    JMan New Member

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  7. oldschool68

    oldschool68 New Member

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    Not yet... but thanks for the follow up. My application was submitted Monday, January 24, 2011. I just now have gotten to the point where I do not think about it every hour. lol

    5 days down... 8-12 to go (if cobb is still as quick as folks say)
     
  8. TippinTaco

    TippinTaco New Member

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    I know im going to take a lashing for this one but I'll do it anyways. I'm pretty good about taking the bait.

    What I've bolded is a key issue that could seem to be an issue later on. I by no means will not judge Oldschool. But the point must be raised that he pled First Offender on terroristic threats. Everyone here should be VERY aware what that means.For those who don't:

    Isn't this the FIRST SIGN of possible issues down the road? At this point put aside the actual law for a moment. We just had a guy that was ABSOLUTELY CLEAN in the system, purchase a handgun, ammo and a magazine, and shot several people.

    Now lets fastforward to this topic: Here is a guy/girl who HAS BEEN CHARGED with terroristic threats applying for a carry permit? Excuse me for a second while I take a moment to fiure out why this is ironic. If you ask me, and oldschool I'm hoping you take no offense to this, but you don't fit the bill of someone who should be carrying/concealing a firearm.

    If this judge has any common sense, or Oldschool REALLY has a great reason why he was charged with Terroristic threats, then if he was in his right mind, your app would be denied. AGAIN I don't know you, and I apologize if you are offended in any way by what I've said, but your past is a BIG RED FLAG.

    Let the beat down begin ;)
     
  9. JeF4y

    JeF4y New Member

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    Taco,

    I was thinking the same thing... "Lucy! You got some 'splainin' to do"

    [​IMG]
     
  10. GAGunOwner

    GAGunOwner Active Member

    There should be no GWL anyway. Carry should be legal without government permission (at least for non-felon adults). So I cannot advocate denying such a person a GWL, especially if they can legally purchase a gun from a FFL anyway.
    Can you?
     
  11. drtybykr

    drtybykr New Member

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    :righton:
     
  12. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Georgia is one of those states where if you tell somebody you're going to "kick their @ss" but don't actually do it, it's a felony (Terroristic Threats). Yet if you don't say a word to them and just walk up to them and do kick their @ss, then it's a misdemeanor (battery).
    The "terroristic threats" law is really broad and applies to a lot of situations where somebody is just shooting their mouth off.
     
  13. GAGunOwner

    GAGunOwner Active Member

    So "terroristic threats" means that you told someone that you were going to "Whup their butt" with anger in your voice and you got arrested for it.

    You guys think somebody's rights should be annulled for that? Jees, this must really be the Georgian for Gun Safety forum.
     
  14. GAGunOwner

    GAGunOwner Active Member

    Life ain't as cut-and-dry as some here seem to think. A goodie-two-shoes GWL holder can get caught up with the law in certain sitations. I wish that some people weren't so quick to call for the restrictions on the rights of others. Be careful because it might just get your own GWL revoked in the future. Think about how easy it would be to catch a charge for "terroristic threats? I mean really.
     
  15. TippinTaco

    TippinTaco New Member

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    Ya know I could see that pitch coming a mile away at 90 mph. But AS MUCH as I agree with you and plead that the COTUS be followed. Just because he can legally purchase a handgun doesn't necessarly mean he should be able to conceal/carry it. Fact is he shouldn't even be allowed to LEGALLY purchase a weapon of any kind either. Terroristic threats isn't a small thing, this guy had to threaten someone with bodily harm or worse to get these kind of charges. Thats why I stated WHAT HE DID really determines my opinion of the outcome of this. But for them to charge him with it and he plead First Offender, it must not have been much of a misunderstanding since pleading FO is admitting guilt. But yeah now we can preach the EVERONE should carry thing. But honestly I'm pretty content knowing that joe blow down the street without a permit cant just stick his 9mm to his side and go for a stroll through a mall. Forgive me if thats not how a Georgia carry member should think. But I guess as american citizens we're all entitled to our own opinions.


    My case still stands: He shouldn't have a permit or a gun. As far as I'm concerned he should lose his ability to purchase or carry. giving him the ability to accomplish either of these, we run the risk of someone else losing their life innocently. And if you're going to post that I'm over reacting then explain how and why.

    [​IMG]
     
  16. GAGunOwner

    GAGunOwner Active Member

    The Constitution must mean something different to you, than it does to me.
     
  17. GAGunOwner

    GAGunOwner Active Member

    I'd like to know what you mean by "joe blow" because that sounds very elitist. Does "joe blow" mean the guy that can't get off of work to go apply at the probate court? Or the guy that needs to hold on to that $80 bucks for another month because he needs it to pay for his kid's braces?

    If by "joe blow" you mean a felon, etc. I've got news for you, he's already strolling in the mall with that high-point and he's around you and your kids everyday.
     
  18. oldschool68

    oldschool68 New Member

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    Taco... I highly doubt there is anything you or anyone else could say to offend me on the interwebs.

    In response to your post however, Terroristic Threats is a charge that has been on the books for many years but has seen a pronounced increase in use since 9/11. As others have said, it is very broad in its definintion, interpretation, and application.

    Having no general reason to provide you details of my particular case other than that of having nothing better to do at work, I will explain that my charge arose out of my, at the time, girlfriend asking me to come see her and then breaking up with me. Okay so far, obviously as any of us would do, I asked why. She said she had been with someone else. Well infidelity is a huge problem for me. It cuts deeper than anything else out there in my mind. I responded with, "who is he, I will fucking beat his ass!" She refused to tell me so I left... cops called, I went to the police station. Charged with T.Threats and that was that.

    I was offered the first offender on it because a) I had no idea, and still dont, know who that guys is... or his name and b) I did not want to risk a jury or bench trial.

    The problem with jury trials is that a jury will often times err on the side of caution and prefer to convict an innocent person than risk letting a guilty one go free.

    T.Threats is overly abused by law enforcement. We had a client who was in California... make a call to the girlfriend of her ex-husband here in GA and threaten to beat her ass b/c she was cussing at her children during his visitation periods. She got charged and was subsequently arrested. 2 years later, the charges were nolle pros. and her record expunged. Presently, we are pursuing a Mal pros case against the g/f.

    Anyways, i digress. Did I make a mistake? yes. Did I learn from it? obviously as I have had no issues since then. Should I be denied a GWL based upon it? Absolutely not.

    On a closing note... if I was a threat to society and had a complete disregard for law and order, do you think I would be asking questions, paying $75 dollars, and spending all this time to do this the right/legal way? Seriously, if I didnt care, I would simply tuck my gold plated .50 Desert Eagle under my .50 cent hoody and ride wit my ballaz (sp?).

    It speaks volumes about a person when they strive to do things the right way versus the easy way.

    I thank all of you for your opinions and comments. My post had not received any responses for a while and I was thinking "damn... this forum is a dead as the obama adminstration."

    Keep the thoughts coming... but please, keep it respectful.
     
  19. GAGunOwner

    GAGunOwner Active Member

    This is quite contradictory. In a sense you are saying, "follow the COTUS, but don't follow the COTUS this time."

    :? :? :?
     
  20. TippinTaco

    TippinTaco New Member

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    let me remind ya bro that I said:
    I'm sure if he explained his position, it would possibly be more than "I'm going to whip that @#[email protected]" type threat. What ever it be, he practically plead guilty to the charges and used First Time Offender. Your actions as a humanbeing defines your charcter and judgement. I can't walk around threatening to stomp holes in peoples butts, or threaten violence against them. I'm no preacher and I don't cast stones, I'm going off what Oldschool has stated he was charged with as of now. I'm certain if his crime ISN'T as serious as it could be then a Judge in his right mind will see that the charge was over rated and give him his permit.

    GAGun, my opinion is just that: MINE. I don't come here to think exactly like the rest or to mold myself into what others are. You need to realize one thing, unless you get masses and masses to form an army to challenege the Federal Gov, then your voice is just that. Right now we're about to be faced with endless Anti-Gun bills that are being written up as we speak, because someone capable of purchasing a handgun LEGALLY did so. In doing that he murdered a kid, shot a Congresswoman and murdered a judge. He was off the radar just like most of us are.

    but here comes a guy into our forum, tells us he was charged with terroristic threats, and you're willing to hand him a permit and a gun because our COTUS states it. Again for the 3rd time, what crime he commited should determine his ability to own a firearm and to carry one. This guy ISN'T off the radar!!!