Georgia Constitution

Discussion in 'GA Laws and Politics' started by S&W 40, Mar 9, 2007.

  1. S&W 40

    S&W 40 Active Member

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    I my be reading into this but I had to pull up the Bill of Rights to be sure I could remember what they are. I was looking at the 5 of the first 10 "the People" issue and thought about looking at the Georgia Bill of Rights.

    http://www.sos.state.ga.us/elections/20 ... tution.pdf

    The way I read this is that almost all Georgia firearm laws are :bsflag: since it states that the "General Assembly shall have power to prescribe the manner in which arms may be borne" key word manner, not place or the persons legal (?) status.

    Does anyone else think this, do any of you well educated have a legal opinion?
     
  2. Adam5

    Adam5 Atlanta Overwatch

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    I'm not a lawyer, and I don't agree personally with this view, but regulating the carry of firearms can be construed as prescribing the manner in which they are borne.
     

  3. S&W 40

    S&W 40 Active Member

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    Manner accourding to the dictinary I looked at talks more to the presentation, holster, open, ccw. So yes they can regulate how we carry but not location or who.

    Bear (not black or brown) to be equiped or furnished.

    Borne past part of bear.


    Nothing about location or personnal back ground.
     
  4. ber950

    ber950 Active Member

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    Unfortunatly there is case law that says different. :wink:
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Well, how about the people who wrote it? Would they qualify as having a competent opinion on the subject? :D

    From the dissent in Strickland v. State, 137 Ga. 1 (1911) (all emphases in bold are supplied by me, and I added a paragraph break where there is none in the original).

    But in looking to the real intent of the framers of the Constitution, there is still more light on the subject disclosed by Small's Report of the Constitutional Convention of 1877. “One of the aids in constitutional construction is an examination of the proceedings of the constitutional convention.†Butts County v. Jackson Banking Co., 129 Ga. 801, 805, 60 S. E. 149, 151, 15 L. R. A. (N. S.) 567, 121 Am. St. Rep. 244. See, also, Wellborn v. Estes, 70 Ga. 390, 401; Blocker v. Boswell, 109 Ga. 233, 34 S. E. 289; State v. Central R. Co., 109 Ga. 728, 35 S. E. 37, 48 L. R. A. 351; Epping v. Columbus, 117 Ga. 264(4), 271, 43 S. E. 803; Park v. Candler, 114 Ga. 466, 40 S. E. 523. By reference to Small's Report (page 56), it will be seen that section 19 of the Bill of Rights was: “A well regulated militia being necessary for the security of a free people, the right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have the power to prescribe the manner in which arms may be borne.†When this section was under consideration, as appears on page 91, it was referred to as section 23, and a motion was made which in effect struck “a well regulated militia being necessary for the security of a free people,†for the reason that such a declaration had already been made in the section of the Bill of Rights on militia. After that amendment was carried, Mr. Toombs moved “to strike out all after the word ‘infringe,’ and strike out ‘but the General Assembly shall have the power to prescribe the manner in which arms may be borne,’ insisting that ‘the Legislature has no power to prescribe how the people shall bear arms; that they shall not carry them in their boots, or anywhere else that they want to. I think the people have the right to keep and bear arms as they choose for their protection.â€â€™ On the other hand, Mr. Warren urged: “I hope the gentleman's motion will not prevail. The experience of all of us is that the General Assembly should have the right to regulate the manner of keeping and bearing arms. There is nothing which provokes bloodshed so much as the indiscriminate bearing of concealed weapons.†The motion to amend was lost.

    Other amendments which were offered, but not adopted, were: (a) By inserting the word “place†after the word “manner,†so as to give the Legislature the power to prescribe where a man shall carry arms and where not; (b) “when off their freeholds or away from their homes.†Thus it appears from the debates that the members of the convention who framed the provision as it appears in the Constitution of 1877 had in mind that “arms,†as referred to in the clause as adopted, contemplated, not merely such arms of warfare as might be used by the militia, but especially small weapons which might be concealed about the person, which was in keeping with the interpretation theretofore placed on the word by the court.
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    As Mr. Neisler indicates, the very case I quote holds different. I quote from the dissent. The majority opinion cares not what the people who wrote this provision in the constitution thought on the matter (specifically rejecting an amendment to grant the power to regulate "place" to the General Assembly) but held that "manner" necessarily includes the power to regulate "place."
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    A little more from the dissent.

    By the provision of the Constitution in question, it was intended to limit the police power, when it was declared that “the right of the people to bear arms shall not be infringed.†This declaration was modified all that it was intended that it should be modified by the other express declaration, “the General Assembly shall have the power to prescribe the manner in which arms may be borne.†This was affirmative action upon the part of the people in adopting the Constitution, and shows that the matter of restricting the Legislature in the exercise of the police power of the state, relative to the right of the people to bear arms, received special consideration, and that there was no intent to further qualify the broad declaration which favored the right to bear arms. It was intended to guarantee to the people the right to bear arms, so that the Legislature could do no more than to regulate the manner in which they should be borne. This guaranty was to all the “people,†and was never intended to be restricted merely to those of the militia, or those intending to become such.
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Mr. Toombs, referred to above, is an interesting character, and it is he after whom the county of Toombs is named. He dominated the constitutional convention of 1877, even though he was technically not an American citizen at the time.

    http://www.georgiaencyclopedia.org/nge/ ... p?id=h-799
     
  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I will write a short article on the 1877 constitutional convention in the near future, drawing from the original archive report and not anybody's comments upon it.
     
  10. Taler

    Taler New Member

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    My interest in manifold, MP, and I'm looking forward to it.
     
  11. foshizzle

    foshizzle New Member

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    They can tell us how they can be borne, but not where they can be borne.

    Then why are we in this mess?
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Because:

     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  14. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    A bump for new readers of this forum. :wink:
     
  15. S&W 40

    S&W 40 Active Member

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    Law Suit? Based on GA Constitution

    [/quote:1hpp875r]

    So MP, does this mean that if all else fails in the near future that it would not be a viable option to sue the State? Or would it just be a very long hard battle without much of a chance?

    What would it take to sue claiming that most of the GA (firearm) laws are against our own State constitution?

    I am reading Strickland now..
     
  16. Wiley

    Wiley New Member

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    I wonder (there I go thinking again) if the legal 'hook' could be through the 'Freedman's Bureau Act of 1866' which specifically referenced the Second Amendment.

    Source: http://www.law.ucla.edu/volokh/2amteach ... .htm#TOC35
     
  17. M249

    M249 New Member

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    Me likey.