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Discussion Starter · #1 · (Edited)
2017-2018 Regular Session - HB 657 Firearms; providing to person on probation as a felony first offender; make unlawful
http://www.legis.ga.gov/legislation/en-US/Display/20172018/HB/657

Sponsored By

(1) Petrea, Jesse 166th

Committees
HC: Public Safety and Homeland Security SC:

First Reader Summary
A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding dangerous instrumentalities and practices, so as to make unlawful the knowing and intentional provision of any firearm for the purpose of providing such firearm to any person known to be on probation as a felony first offender or to have been convicted of a felony; to provide for criminal penalties; to clarify that affirmative confirmation by firearm provider is not required; to provide for related matters; to repeal conflicting laws; and for other purposes.

Status History
Feb/05/2018 - House Committee Favorably Reported
Jan/18/2018 - House Second Readers
Jan/11/2018 - House First Readers
Jan/10/2018 - House Hopper
Dec/13/2017 - House Prefiled
 

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So, this adds penalties for anyone aiding and abetting the purchase of a firearm by an ALREADY prohibited person? Is that what this bill does? But it does not compel checking on their felony status first.
 

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http://www.wtoc.com/story/37070165/...ho-knowingly-provide-guns-to-convicted-felons

SAVANNAH, GA (WTOC) -

A state lawmaker and Chatham County's district attorney say a proposed law punishing people who give guns to felons will make a positive difference in Savannah.

Representative Jesse Petrea's proposed legislation makes it a felony to give a gun to a felon. Right now, it's only a misdemeanor.

The DA says the law really doesn't have any teeth either. There is a federal law prohibiting it but Rep. Petrea says the Feds rarely enforce it at a local level.
 

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No disrespect to the state Rep. and the district attorney, but I have to call bulls*** on the statement that it’s only a misdemeanor to supply a gun to a felon.

A person who helps another person commit a crime is himself a party to that crime.
The law uses the phrase “concerned with” the commission of that crime.

If you are a party to the crime, you can be charged with it, 100% just as if you were the criminal you aided. You both can get the same sentence.

This is true even if you were not charged with a “conspiracy “ offense.

See
COOK v. The STATE.
Court of Appeals of Georgia.
314 Ga. App. 289
February 22, 2012.
 

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http://www.wjcl.com/article/georgia...for-crackdown-on-gun-straw-purchases/14436782

"I'm about as pro-gun as anybody can be, and this bill has already been vetted through our pro-gun lobbies and interests, and they support this bill because all law-abiding citizens want to make sure that felons don't make the rest of society look bad," Rep. Petrea said.

Chatham County District Attorney Meg Heap says straw purchases have played a key role in Savannah gun violence.

"We had a triple homicide and one of the individual's girlfriend had bought the gun and she admitted she bought it for him because he could not possess a firearm because he was a convicted felon," Heap said
 

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So the best way to get more restrictive gun laws is to not prosecute existing laws? [/rhetorical; answer not required]
 

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Yeah. The best way for the government to strip all the citizens of their rights is to keep turning criminals loose with a slap on the wrist, while forbidding victims and Good Samaritans from taking effective countermeasures.
After a decade or more of THAT, people will be begging Big Brother to crack down of liberty and put all of society under martial law.
For our safety.
For the children, you know.
If it saves just one life...
 

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But nothing about this bill strips any citizen of liberty.
It just makes a new version of an old crime. A more specific version.
Just like “carjacking” is a new and distinct crime in Georgia, but before that law was passed, the same conduct was ALREADY a major felony crime —“armed robbery.”
 

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http://wsav.com/2017/12/14/legislators-want-harsher-punishment-for-people-who-buy-guns-for-felons/

"All the other crimes, if you commit an armed robbery, and you were charged also with possession of a firearm by commission of a felony, that's a five year sentence. We want it to equal all the other charges involving firearms," said Heap.

The bill calls for charges of up to five years imprisonment. Although they cannot try juveniles as adults, Heap told News 3, the bill would help keep youth in check.

"The law will apply to anyone, whoever is supplying the gun, so if you're a juvenile and you're giving the gun to somebody else, number one you're illegally possessing the gun to begin with and you're also providing it to someone else, so those are two charges we can look at," she said.
 

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But... It's already a crime. So... Let's add ANOTHER law! Sheesh!
I think there is an issue with Federal law (not being enforced) and state law.

This seems to be a different case, but it is one that I remembered.
Jalita Jenera Johnson, 26, of Jonesboro, Georgia, has been sentenced to one year of probation, 40 hours of community service, and 180 days' home confinement. Johnson was convicted on these charges on August 19, 2015, after she pleaded guilty.
https://www.justice.gov/usao-ndga/p...uying-firearm-used-kill-omaha-nebraska-police

Naturally, Ga gun laws were blamed even though it was a Federal crime.
http://www.guns.com/2015/08/20/woman-pleads-guilty-to-straw-buyer-charges-in-nebraska-cop-killing/
In the days immediately after Orozco's death, gun control groups blamed Georgia's gun laws for Wheeler's illegal firearm, despite the fact Johnson's purchase was a clear violation of existing federal law.
"It is unacceptable that once again, a police officer has been killed with an illegal gun from Georgia - a state that last year catered to the gun lobby's agenda by weakening its already lax gun laws," read a statement issued by Everytown for Gun Safety in July. "These are the same laws that the gun lobby is now trying to force on other states nationwide."
 

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So, this adds penalties for anyone aiding and abetting the purchase of a firearm by an ALREADY prohibited person? Is that what this bill does? But it does not compel checking on their felony status first.
This is the added text.
(b)(1) Any person who knowingly and intentionally provides a firearm to any other person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42 or to any person who has been convicted of a felony by a court of this state or any other state shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
(2) Nothing in this subsection shall be construed as requiring a provider of a firearm to affirmatively confirm that a person to whom a firearm is provided is not a felony first offender or a person who has been convicted of a felony.
Bold mine.
Is that a problem to any of us? Not that I'm in favor of more laws to keep up with, but it seems most of us ask for a GWL first anyway. Still not required.
 

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So they want a more restrictive gun law. What are they wiling to trade for it?
What anti-gun legislation are they willing to give up to get this? Good question!
 
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