"Gun Laws" page isn't quite correct

Discussion in 'Website & Forum Suggestions' started by mzmtg, Jun 6, 2006.

  1. mzmtg

    mzmtg Active Member

    3,119
    0
    36
    I can't find anywhere in the state code that mere possesion of a deadly weapon on public transport is classified as "attempted hijacking."

    That bit needs to be revised.
     
  2. jrm

    jrm Sledgehammer

    3,458
    1
    36
    mzmtg, OCGA 16-12-123 makes it a felony (hijacking) to board or attempt to board an aircraft, bus, or rail vehicle with a [long list of things, including firearm].

    Were you focusing on the words "deadly weapon (which are not explicitly contained in the statute)" or did you not find this statute?
     

  3. ICP_Juggalo

    ICP_Juggalo Active Member

    1,923
    0
    36
    Georgia Code 16-12-123 is cited as aircraft, bus, or rail vehicle hijacking. What you're referring to is subsection b of that code - which is the possession of weapons while on board of a aircraft, bus, or rail vehicle. Subsection a of that code deals with the actual threat or force used to hijack an aircraft, bus, or rail vehicle.

    You can bet your un-lucky stars that if you were caught carrying a firearm onto an aircraft, bus, or rail vehicle, whether or not you had intentions to hijack it, you would be charged with hijacking. Now granted the law allows for less severe punishment for the mere possession of a weapon while on board a commercial vehicle in regards to using threat or force, but make no mistake about it, if convicted what would show up on your "rap sheet" would be "Violation of O.C.G.A. 16-12-123 aircraft, bus, or rail vehicle hijacking".
     
  4. ICP_Juggalo

    ICP_Juggalo Active Member

    1,923
    0
    36
    What would be very helpful is if we could obtain an Annotated version of the law, versus the Un-Annotated version that they have on the legislature website.

    The Annotated version would provide us with actual name of the code section along with when it was enacted and how many changes it went through and if there are any caselaw associated with violating that particular code section.

    Anyone know any website with an annotated version of the law? Or should we shell out $50 for the book?
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,067
    244
    63
    No need to shell out for the book.

    O.C.G.A. 16-12-123. Bus or rail vehicle hijacking; boarding with concealed weapon; company use of reasonable security measures

    And the text, in pertinent part, reads:

    (b) Any person who boards or attempts to board an aircraft, bus, or rail vehicle with any . . . firearm . . . or knife or other device designed or modified for the purpose of offense and defense concealed on or about his or her person or property which is or would be accessible to such person while on the aircraft, bus, or rail vehicle shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years.


    :shock:

    I hope that is clear enough.
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,067
    244
    63
    Maybe the charge is "Boarding with a concealed weapon" ? I dunno, try it out, and let me know what they write down. :D
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,067
    244
    63
    Don;t forget about this one:

    O.C.G.A. 16-12-127
    (a) It shall be unlawful for any person, with the intention of avoiding or interfering with a security measure or of introducing into a terminal any explosive, destructive device, or hoax device as defined in Code Section 16-7-80; firearm; hazardous substance as defined by Code Section 12-8-92; or knife or other device designed or modified for the purpose of offense and defense, to:
    (1) Have any such item on or about his or her person, or
    (2) Place or cause to be placed or attempt to place or cause to be placed any such item:
    (A) In a container or freight of a transportation company;
    (B) In the baggage or possessions of any person or any transportation company without the knowledge of the passenger or transportation company; or
    (C) Aboard such aircraft, bus, or rail vehicle.
    (b) A person violating the provisions of this Code section shall be guilty of a felony and shall, upon conviction, be sentenced to imprisonment for not less than one year nor more than 20 years

    O.C.G.A. 16-12-122
    (10) 'Terminal' means an aircraft, bus, or rail vehicle station, depot, any such transportation facility, or infrastructure relating thereto operated by a transportation company or governmental entity or authority. This term includes a reasonable area immediately adjacent to any designated stop along the route traveled by any coach or rail vehicle operated by a transportation company or governmental entity operating aircraft, bus, or rail vehicle transportation facility and parking lots or parking areas adjacent to a terminal.



    Ever walk by a bus stop? Ever leave a gun in your glovebox when you fly out of town?
     
  8. Gunstar1

    Gunstar1 Administrator

    8,460
    5
    38
    There is also as a part of the hijacking law:
    A threat of force could be many things (even could be defense from possible BG attack). Also if you are approached by LEOs in the terminal, I would bet the disrupt/disturb would be met. Self defense law (Stand Your Ground) would not be valid since the weapon was illegaly in your possesion (you were in an off-limits place).
     
  9. mzmtg

    mzmtg Active Member

    3,119
    0
    36