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Our illustrious King Cop has decided to enact this policy to log all weapons found during an encounter.

https://www.wjbf.com/news/richmond-...SX-sZ_yx2vQBFmBlJ-Ue6UREoGYxF9LBPPBs-XjTFcobw
That sucks! By his logic, should the deputies also log anyone who owns a cell phone? The "could" commit a crime of texting while driving, be involved in a phone scam, or call in a bomb threat. Or maybe they will start recording anyone that has unopened alcohol in the car because they "could " later commit a crime. I call BS.
 

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This also looks like a deputy now has to disarm you and record all of this information rather than leaving the firearm in your holster, no matter how peaceful the encounter. Are they going to apply this to traffic stops? This is one county where "Do Not Disclose" would be a very good idea.
 

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Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section, including citizenship, but shall not require data which is nonpertinent or irrelevant, such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant.
OCGA 16-11-129.

Are there any other gun laws forbidding the keeping of a registry in Georgia?
 

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Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section, including citizenship, but shall not require data which is nonpertinent or irrelevant, such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant.
OCGA 16-11-129.

Are there any other gun laws forbidding the keeping of a registry in Georgia?
I thought Georgia had laws preventing localities from implementing policies or local laws governing firearms, there is another i had read specifically targeting just that let me see if i can find it
 

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Here found it on Giffords lol

"[N]o county or municipal corporation, by zoning, by ordinance or resolution, or by any other means, nor any agency, board, department, commission, political subdivision, school district, or authority of this state, other than the General Assembly, by rule or regulation or by any other means shall regulate in any manner: (A) Gun shows; (B) The possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or other weapons or components of firearms or other weapons; (C) Firearms dealers or dealers of other weapons; or (D) Dealers in components of firearms or other weapons."2
 

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Its unlawful in this state as i see it, without “probable cause” to “log” information about a firearm in this state, its a “request” to comply that can be “respectfully declined”
 

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Here found it on Giffords lol

"[N]o county or municipal corporation, by zoning, by ordinance or resolution, or by any other means, nor any agency, board, department, commission, political subdivision, school district, or authority of this state, other than the General Assembly, by rule or regulation or by any other means shall regulate in any manner: (A) Gun shows; (B) The possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or other weapons or components of firearms or other weapons; (C) Firearms dealers or dealers of other weapons; or (D) Dealers in components of firearms or other weapons."2
This is not the regulation of any of the above, so it does not violate preemption.
 

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It is worded oddly to prohibit registration, isn't it, Adam5?

Nevertheless, the intent of that law was to remove from localities all but reasonable prohibitions on discharging firearms. It has been interpreted even to include lawsuits against gun manufacturers.
 

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https://www.georgiacarry.org/cms/ga-code-detail/?title=16&chapter=11&section=173

O.C.G.A.§ 16-11-173
Legislative findings; preemption of local regulation and lawsuits; exceptions

(a) (1) It is declared by the General Assembly that the regulation of firearms and other weapons is properly an issue of general, state-wide concern.

(2) The General Assembly further declares that the lawful design, marketing, manufacture, and sale of firearms and ammunition and other weapons to the public is not unreasonably dangerous activity and does not constitute a nuisance per se.

(b) (1) Except as provided in subsection (c) of this Code section, no county or municipal corporation, by zoning, by ordinance or resolution, or by any other means, nor any agency, board, department, commission, political subdivision, school district, or authority of this state, other than the General Assembly, by rule or regulation or by any other means shall regulate in any manner:

(A) Gun shows;

(B) The possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or other weapons or components of firearms or other weapons;

(C) Firearms dealers or dealers of other weapons; or

(D) Dealers in components of firearms or other weapons.

(2) The authority to bring suit and right to recover against any weapons, firearms, or ammunition manufacturer, trade association, or dealer by or on behalf of any governmental unit created by or pursuant to an Act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of weapons, firearms, or ammunition to the public shall be reserved exclusively to the state. This paragraph shall not prohibit a political subdivision or local government authority from bringing an action against a weapons, firearms, or ammunition manufacturer or dealer for breach of contract or express warranty as to weapons, firearms, or ammunition purchased by the political subdivision or local government authority.

(c) (1) A county or municipal corporation may regulate the transport, carrying, or possession of firearms by employees of the local unit of government, or by unpaid volunteers of such local unit of government, in the course of their employment or volunteer functions with such local unit of government; provided, however, that the sheriff or chief of police shall be solely responsible for regulating and determining the possession, carrying, and transportation of firearms and other weapons by employees under his or her respective supervision so long as such regulations comport with state and federal law.

(2) The commanding officer of any law enforcement agency shall regulate and determine the possession, carrying, and transportation of firearms and other weapons by employees under his or her supervision so long as such regulations comport with state and federal law.

(3) The district attorney, and the solicitor-general in counties where there is a state court, shall regulate and determine the possession, carrying, and transportation of firearms and other weapons by county employees under his or her supervision so long as such regulations comport with state and federal law.

(d) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance or resolution, from requiring the ownership of guns by heads of households within the political subdivision.

(e) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance or resolution, from reasonably limiting or prohibiting the discharge of firearms within the boundaries of the municipal corporation or county.

(f) As used in this Code section, the term "weapon" means any device designed or intended to be used, or capable of being used, for offense or defense, including but not limited to firearms, bladed devices, clubs, electric stun devices, and defense sprays.

(g) Any person aggrieved as a result of a violation of this Code section may bring an action against the person who caused such aggrievement. The aggrieved person shall be entitled to reasonable attorney's fees and expenses of litigation and may recover or obtain against the person who caused such damages any of the following:

(1) Actual damages or $100.00, whichever is greater;

(2) Equitable relief, including, but not limited to, an injunction or restitution of money and property; and

(3) Any other relief which the court deems proper.

HISTORY: Code 1981, § 16-11-173, enacted by Ga. L. 1995, p. 139, § 2; Ga. L. 2005, p. 613, § 1/SB 175; Ga. L. 2011, p. 752, § 16/HB 142; Ga. L. 2014, p. 599, § 1-11/HB 60; Ga. L. 2015, p. 805, § 9/HB 492.
 

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no county . . . by rule or regulation or by any other means shall regulate in any manner . . . registration of firearms . . .

Why would the General Assembly place that into the statute if it were not to prohibit any registration whatsoever of firearms?

The General Assembly has "occupied the field" of weapon regulation and left very little for localities to do.

This is called preemption.

In my opinion the sheriff has violated state preemption.

I cannot predict whether elite lawyers in black robes might agree with me on any particular day.
 

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I don't think a gov't agency maintaining a database of information is itself any type of restriction or regulation of firearms.


But the specific Georgia statutory law against any entity creating or maintaining a database of gun permit holders is found in 16-11-129 subsection (k).

However, THAT LAW only applies to a multi jurisdictional database; the legislative intent was obviously that the Probate Court may keep its own records of who they issue carry permits to, but the Court will not share that information or distribute a list to other states, other agencies within Georgia, any newspaper, any political group....


But if the agency keeps this list internal in their own jurisdiction, I don't see how it could violate 16- 11 -129 (k).
 
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Quote of O.C.G.A. statutory law:

16-11-129(k) Data base prohibition.

A person or entity shall not create or maintain a multijurisdictional data base of information regarding persons issued weapons carry licenses.
 

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How about if one of the attorneys on here (especially one with direct ties to GCO) write that sheriff chump a letter informing him that his policy is illegal?
 
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