I've got to ask

Discussion in 'GA Laws and Politics' started by SoldSpartan, Sep 16, 2018.

  1. SoldSpartan

    SoldSpartan Member

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    What make you (list would be great) a prohibited person from owning a firearm in the state of Georgia or any state for that matter?
     
  2. GAfirearmsReference

    GAfirearmsReference Weapons Law Booklet

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    in Georgia there is no law against owning a gun that is any different from the federal law regarding ownership or possession of guns or ammo.

    The federal list of "prohibited persons is found in title 18 of the United States Code, section 922, subsection (g).

    Whatever that says, consider it to be the same for Georgia. ( as to ownership and possession, but not necessarily eligibility for a weapons carry permit. Georgia does have some additional restrictions on carry).

    See this article about it, from a group of criminal defense attorneys.



    http://www.ncids.org/Defender Training/2004 New Felony Defender Training/Federal Consequences.pdf
     

  3. GAfirearmsReference

    GAfirearmsReference Weapons Law Booklet

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    you would have to look up the laws of each and every individual state. Subject only to whatever limitations on state power may be found in the Second Amendment or the doctrine of (substantive) due process of law, states are generally free to exercise what is called the police power. States can pass criminal laws for the safety and common good of the people, including banning certain kinds of people from possessing weapons.


    If you want an answer regarding who are the prohibited people for all 50 states, you're going to have a lot of research to do. And your list is going to be very long.

    Keep in mind, also, that persons on probation or parole for an offense might be prohibited by that sentencing judge order, or a standard policy that has been implicitly incorporated into the judges order, banning such probationers or parolees from having deadly weapons.

    This might be true even though the offense for which they are on probation or parole is not an offense that automatically put somebody on the prohibited person list!
     
  4. moe mensale

    moe mensale Well-Known Member

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    Are you planning on going on the "Barack Obama 57 State 2018 Tour?" :lol:
     
  5. SoldSpartan

    SoldSpartan Member

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    What about just the state of Georgia?
     
  6. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    if you want to look at only Georgia law, not federal, and only Georgia law regarding possession (not carry or weapons carry license eligibility) then there are only two disqualifiers I know of.
    Being a convicted felon,
    or
    being on first offender probation for a felony offense and not having yet completed it .
     
  7. moe mensale

    moe mensale Well-Known Member

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    SoldSpartan likes this.