Second Offense Felony?

Discussion in 'Places Off-Limits' started by MrMorden, Sep 26, 2007.

  1. MrMorden

    MrMorden New Member

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    Hello...

    My understanding of the law is that carrying to a public gathering (including a restaurant that serves alcohol) is a misdemeanor for the first offense, but a felony on the second. Can anybody confirm that? It seems ludicrous, but hey...welcome to Georgia.
     

  2. USMC - Retired

    USMC - Retired Active Member

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    Not so fast lawyer man!

    Since "Any person who was convicted in violation of Code Section 16-11-126, 16-11-127, or 16-11-128 and has not been free of all restraints and supervision for 3 years from the date of application;" is a disqaulifier for issue of a GFL would not such a person have his GFL revoked? An if that person had his GFL revoked wouldn't carry into a prohibited area then be a felony?

    I rest my case.

    I am NOT a lawyer....
     
  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    No, it is the carrying without a license that would be a felony, and even then it would need to be a second offense. The public gathering violation would not be the first offense, so you would need to be caught without the license twice after it is revoked.
     
  4. MrMorden

    MrMorden New Member

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    No, it is the carrying without a license that would be a felony, and even then it would need to be a second offense. The public gathering violation would not be the first offense, so you would need to be caught without the license twice after it is revoked.[/quote:2nl8ajdl]

    Okay, so...each offense of carrying at a PG with GFL is a misdemeanor? Is the license likely to be revoked on the second offense within three years? I'm slightly confused now... :?
     
  5. Gunstar1

    Gunstar1 Administrator

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    Carry to a PG with or without a license is against the law and no matter how many times you do it, it is a misdemeanor.

    However, the very first time you are caught carrying to a PG, you stand a good chance of getting your GFL revoked.

    Then after whatever punishment you receive for that misdemeanor, you cannot apply for another GFL until 3 years after that punishment ends.
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Right, do it 1,000 times, and it is still a misdemeanor. Of course, the judge might start sentencing you to serve the whole year in jail and pay the whole $1,000 fine.

    Yes, that can and probably will happen.

    Right. And, if you carry without a license, concealed or openly, it is a misdemeanor. If you do it again, the second and any subsequent offenses are a felony, whether you are carrying openly or concealed.

    You can get up to five years in prison for each "offense" for doing what is perfectly legal in the majority of this country (27 states, to be exact). But don't forget that Georgia is a gun-friendly state.
    :wink: