Muzzle loader/Fellon

Discussion in 'GA Laws and Politics' started by seajay, Aug 17, 2005.

  1. seajay

    seajay Active Member

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    Is it legal for a felon to use Muzzle loaders to hunt in Georgia?
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Seajay, I am not your lawyer, or anybody else's with respect to this question, but I would say no from a brief and (perhaps overly) simplistic reading of the law.

    O.C.G.A. 16-11-130(a)(2) states, in pertinent part, that a firearm "includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge." Blackpowder would appear to fit that definition.

    The rest of the section reads as follows:


    Any person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42 or who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and who receives, possesses, or transports any firearm commits a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years; provided, however, that if the felony as to which the person is on probation or has been previously convicted is a forcible felony, then upon conviction of receiving, possessing, or transporting a firearm, such person shall be imprisoned for a period of five years.
    (b.1) Any person who is prohibited by this Code section from possessing a firearm because of conviction of a forcible felony or because of being on probation as a first offender for a forcible felony pursuant to this Code section and who attempts to purchase or obtain transfer of a firearm shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
    (c) This Code section shall not apply to any person who has been pardoned for the felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitutions or laws of the several states or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, or transport a firearm.
    (d) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of firearms by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. Section 925, shall, upon presenting to the Board of Public Safety proof that the relief has been granted and it being established from proof submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant´s record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A person who has been convicted under federal or state law of a felony pertaining to antitrust violations, unfair trade practices, or restraint of trade shall, upon presenting to the Board of Public Safety proof, and it being established from said proof, submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant´s record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A record that the relief has been granted by the board shall be entered upon the criminal history of the person maintained by the Georgia Crime Information Center and the board shall maintain a list of the names of such persons which shall be open for public inspection.
    (e) As used in this Code section, the term 'forcible felony' means any felony which involves the use or threat of physical force or violence against any person and further includes, without limitation, murder; felony murder; burglary; robbery; armed robbery; kidnapping; hijacking of an aircraft or motor vehicle; aggravated stalking; rape; aggravated child molestation; aggravated sexual battery; arson in the first degree; the manufacturing, transporting, distribution, or possession of explosives with intent to kill, injure, or intimidate individuals or destroy a public building; terroristic threats; or acts of treason or insurrection.
    (f) Any person placed on probation as a first offender pursuant to Article 3 of Chapter 8 of Title 42 and subsequently discharged without court adjudication of guilt pursuant to Code Section 42-8-62 shall, upon such discharge, be relieved from the disabilities imposed by this Code section.
     

  3. seajay

    seajay Active Member

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    That's what I thought

    I guess I was just being too lazy to look it up. I will npass the info to the proper person along with the disclaimer.
     
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    When is a Gun not a Gun? When is a non-gun a "firearm?" This is way too confusing. The definition of a firearm depends on not only whether you are looking at federal or state law, but what chapter and verse of the law you are reading from! Something that is a "firearm" with respect to one issue (say, underage possession) may not be a firearm in the context of "per se deadly force" or "armed robbery" or "weapons in school zones."

    Likewise, even a toy gun or a non-functioning replica of a gun that does not shoot ANY KIND OF PROJECTILE can still be a "gun" for the purposes of turning a theft into an armed robbery, and a "brandishing" incident into an "aggravated assault" (a 20-year felony). That's not in the statutory law anywhere, but the courts have taken it upon themselves to declare that if it looks like a gun to a reasonable person, you'll be punished as if it were a real gun. (Good thing the BATF doesn't do this for semi-auto rifles that "look like" automatic weapons, or fake suppressors that "look like" real silencers.)