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Discussion Starter #61
drum rollllllllll please...


finally after 16 anxiety ridden days.... I have received my GWL... thank you all for the comments, opinions, and support!
 

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Way to go! Glad to hear this worked out well for you.
 

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Sorry if I missed read or over looked. But did you have to see a judge and explain yourself?
 

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Oldschool, I'm glad you got your carry permit.

Just for clarification, the way I read the GWL licensing law, a "First Offender" is still a conviction. Because it's not really a "first offender plea." It's technically a GUILTY plea, for which the court witholds adjudication and imposes a First Offender sentence. So even though every other part of the law doesn't consider "first offender" treatment to be a conviction, the eager beavers who composed this gun permit part of our law (16-11-129) decided to create a new definition for "convicted" that includes a lot more. Was that their intent or were they just stupid? I don't know.

Another part of the weapons carry license law says that First Offender for DRUG CRIMES is not a disqualifier after 5 years. But this doesn't say that any First Offender treatment is not to be considered a conviction under this code section. Most people would assume that First Offender sentences are NOT convictions, but the way this law is actually worded--- it could be interpreted as saying they are. For any crime other than a drug crime.

P.S. There is a different law in a different Code section banning guns for people currently on probation or with a felony conviction. Complying with this law doesn't excuse somebody from the requirements of another law. The most you can say about this law and how it says a completed first offender sentence is not a conviction is that the legislature intended to allow such people to OWN firearms, and to possess them under circumstances where a carry permit is not needed. This Code section does not support the theory that former first offender felony probationers are eligible for a carry permit.
 

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Congradulations Oldschool68, I read your original post but didn't get a chance to respond I think. I felt like you would get the GWL. Way to go. Now welcome to the Legally Armed Brigade. :)
 

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Discussion Starter #67
Thanks again all!

After the first few post I was damned sure I was going to have a hearing... but I, in fact, did not. It just came yesterday in a small envelope marked Cobb County Probate Court
 

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Discussion Starter #68
gunsmoker said:
Oldschool, I'm glad you got your carry permit.

Just for clarification, the way I read the GWL licensing law, a "First Offender" is still a conviction. Because it's not really a "first offender plea." It's technically a GUILTY plea, for which the court witholds adjudication and imposes a First Offender sentence. So even though every other part of the law doesn't consider "first offender" treatment to be a conviction, the eager beavers who composed this gun permit part of our law (16-11-129) decided to create a new definition for "convicted" that includes a lot more. Was that their intent or were they just stupid? I don't know.

Another part of the weapons carry license law says that First Offender for DRUG CRIMES is not a disqualifier after 5 years. But this doesn't say that any First Offender treatment is not to be considered a conviction under this code section. Most people would assume that First Offender sentences are NOT convictions, but the way this law is actually worded--- it could be interpreted as saying they are. For any crime other than a drug crime.

P.S. There is a different law in a different Code section banning guns for people currently on probation or with a felony conviction. Complying with this law doesn't excuse somebody from the requirements of another law. The most you can say about this law and how it says a completed first offender sentence is not a conviction is that the legislature intended to allow such people to OWN firearms, and to possess them under circumstances where a carry permit is not needed. This Code section does not support the theory that former first offender felony probationers are eligible for a carry permit.
Thanks for the post. I have posted elsewhere on this forum and other sites numerous statutes pertaining to the subject. In GA... A first offender plea used to be considered a "conviction" with regards to purchasing, owning, possessing firearms. It is not longer defined in that manner. In fact, a first offender plea, for the purpose of ownership, purchase, carry, etc, is now viewed as similarly to a Nolle. Pros. or election of the state not to prosecute in leiu of a conviction.

Was it any other way... I would not be able to purchase a weapon and I sure as hell would not be able to get my permit. In fact, when I completed my application... I attached my discharge paperwork evidencing the First Offender treatment so that the Judge would have it readily available.

Now... off to the holsters section!
 

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oldschool68 said:
Thanks again all!

After the first few post I was damned sure I was going to have a hearing... but I, in fact, did not. It just came yesterday in a small envelope marked Cobb County Probate Court
Prepare for the worst and hope for the best.
 

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oldschool68 said:
drum rollllllllll please...

finally after 16 anxiety ridden days.... I have received my GWL... thank you all for the comments, opinions, and support!
Glad it worked out for ya bro. In my rants I wasn't targeting you, I was defending my opinion that felons shouldn't LEGALLY have weapons. Enjoy buying that holster, where are you going first while Ocing it ;)
 

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TippinTaco said:
oldschool68 said:
drum rollllllllll please...

finally after 16 anxiety ridden days.... I have received my GWL... thank you all for the comments, opinions, and support!
[s:2sr6d41x]Glad it worked out for ya bro[/s:2sr6d41x] Sorry I couldn't stop stop you from being able to defend yourself. In my rants I [s:2sr6d41x]wasn't[/s:2sr6d41x] was targeting you, I was defending my opinion that felons shouldn't LEGALLY have weapons. Enjoy buying that holster, where are you going first [s:2sr6d41x]while Ocing it[/s:2sr6d41x] so I can make sure to watch out for a felon with a gun ;)
:wink:
 

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oldschool68 said:
gunsmoker said:
Oldschool, I'm glad you got your carry permit.

Just for clarification, the way I read the GWL licensing law, a "First Offender" is still a conviction. Because it's not really a "first offender plea." It's technically a GUILTY plea, for which the court witholds adjudication and imposes a First Offender sentence. ..
Thanks for the post. I have posted elsewhere on this forum and other sites numerous statutes pertaining to the subject. In GA... A first offender plea used to be considered a "conviction" ....[but] is now viewed as similarly to a Nolle. Pros. or election of the state not to prosecute in leiu of a conviction.

...
What you said above about how a "First Offender Plea" works makes a lot of sense, is a great idea, good public policy, and is commonly understood to be the actual law of Georgia. The trouble is, that's not how the actual law is written.
The way the law is written in the official Code books, the "First Offender" law says you have to plead GUILTY or NOLO first, and THEN you can be sentenced to "First Offender" treatment instead of being adjudicated guilty by the Court and sentenced to a regular "sentence."

And then look at the definition of "conviction" for the purpose of getting a carry permit under 16-11-129.
Doesn't it say that if you plead nolo, or plead guilty, that right there is considered a conviction?
And below is a cut-and-paste from the actual law (from FastCite, legal database that all members of the State Bar of Georgia are encouraged to use) that indicates there is not really any such thing as a "first offender plea," but rather a first offender treatment/sentence/dispositon that follows a Guilty or Nolo plea.

QUOTE:

O.C.G.A. Section 42-8-60 Probation before adjudication; violations; nonapplicability

(a) Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt,
in the case of a defendant who has not been previously convicted of a felony,
the court may, without entering a judgment of guilt and with the consent of the defendant:

(1) Defer further proceeding and place the defendant on probation as provided by law; or

(2) Sentence the defendant to a term of confinement as provided by law.

(b) Upon violation by the defendant of the terms of probation, upon a conviction for another crime during the period of probation, or upon the court determining that the defendant is or was not eligible for sentencing under this article, the court may enter an adjudication of guilt and proceed as otherwise provided by law. No person may avail himself or herself of this article on more than one occasion.
 

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mountainpass said:
TippinTaco said:
oldschool68 said:
drum rollllllllll please...

finally after 16 anxiety ridden days.... I have received my GWL... thank you all for the comments, opinions, and support!
[s:12bx1lmo]Glad it worked out for ya bro[/s:12bx1lmo] Sorry I couldn't stop stop you from being able to defend yourself. In my rants I [s:12bx1lmo]wasn't[/s:12bx1lmo] was targeting you, I was defending my opinion that felons shouldn't LEGALLY have weapons. Enjoy buying that holster, where are you going first [s:12bx1lmo]while Ocing it[/s:12bx1lmo] so I can make sure to watch out for a felon with a gun ;)
:wink:
lil unfair there don't ya say MP? I was being sincere. But then again I can at least be happy knowing that I can't be called an extremist and it actually mean anything to me. That can't be said for a lot of people here and honestly I find it very interesting how most here will fight tooth and nail for the 2nd Amendment but could care less when people crap on the first one ;)
 

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TippinTaco said:
lil unfair there don't ya say MP? I was being sincere. But then again I can at least be happy knowing that I can't be called an extremist and it actually mean anything to me. That can't be said for a lot of people here and honestly I find it very interesting how most here will fight tooth and nail for the 2nd Amendment but could care less when people crap on the first one ;)
TippinTaco said:
Glad it worked out for ya bro. In my rants I wasn't targeting you,..
Sincere?
TippinTaco said:
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.
Yes I fight tool and nail for the 2nd...and I didn't crap on your 1st... it's called satire. Plus I left the little wink icon. :D
 

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mountainpass said:
TippinTaco said:
lil unfair there don't ya say MP? I was being sincere. But then again I can at least be happy knowing that I can't be called an extremist and it actually mean anything to me. That can't be said for a lot of people here and honestly I find it very interesting how most here will fight tooth and nail for the 2nd Amendment but could care less when people crap on the first one ;)
TippinTaco said:
Glad it worked out for ya bro. In my rants I wasn't targeting you,..
Sincere?
TippinTaco said:
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.
Yes I fight tool and nail for the 2nd...and I didn't crap on your 1st... it's called satire. Plus I left the little wink icon. :D
After i posted it clicked with me, but i was already working on the Forsyth Oc picnic for March. I wasn't exactly targeting him as much as I was targeting felons in general. I didn't know his specific case, or what he did or said to his ex gf and her bf. I drew my conclusion based on felons in general, thats all. As far as I know Oldschool is a good guy caught in a bad situation. hope you can make it to the picnic.
 
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