Without a CCW permit, what can I do?

Discussion in 'GA Laws and Politics' started by jfman, Aug 24, 2006.

  1. jfman

    jfman New Member

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    I dont qualify for a CCW because I'm a Canadian citizen and I'm on a non immigrant visa. I'm a UGA student on a student visa right now. I have been living in GA for 7 years now, went to HS here etc...

    I dont have a criminal record or anything that would make it illegal for me to buy/own a gun.

    I'm planning on buying a gun within the next few weeks if I can legaly do so.

    Without a CCW permit, what can I do and cannot do with the firearm? I dont even know if I can leagaly bring it from the gunshop to my house.

    Can you guys break it down for me?
     
  2. jrm

    jrm Sledgehammer

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    It looks to me as though it is illegal for a dealer to sell to you and for you to transport or possess firearms or ammunition.
     

  3. ICP_Juggalo

    ICP_Juggalo Active Member

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    Have you tried going up to the INS office on Peachtree - Dunwoody Road and getting a form I-485 and applying for permanent residence status?

    IIRC permenent residence status is sufficent to purchase firearms and apply for a GFL.
     
  4. jfman

    jfman New Member

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    Are you sure of that ? Doesn't the constitution allow me to posses one and at least be able to have it in my home ?
     
  5. Gunstar1

    Gunstar1 Administrator

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    I have to admit I do not know the differences in visas but you will be denied if you are an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
     
  6. jrm

    jrm Sledgehammer

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    jfman,

    Here's the relevant statute on sale (18 USC 922(d)(5)(B):

    (d) It shall be unlawful for any person to sell or otherwise dispose
    of any firearm or ammunition to any person knowing or having reasonable
    cause to believe that such person--

    (5) who, being an alien--

    (B) except as provided in subsection (y)(2), has been
    admitted to the United States under a nonimmigrant visa
    (as that
    term is defined in section 101(a)(26) of the Immigration and
    Nationality Act (8 U.S.C. 1101(a)(26)))


    Here's the relevant statute on transportation or possession (18 USC 922(g)(5)(B):


    (g) It shall be unlawful for any person--
    (5) who, being an alien--
    (B) except as provided in subsection (y)(2), has been
    admitted to the United States under a nonimmigrant visa
    (as that
    term is defined in section 101(a)(26) of the Immigration and
    Nationality Act (8 U.S.C. 1101(a)(26)))
    to ship or transport in interstate or foreign commerce, or possess in or
    affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.


    Read just the words in bold, to get the meat of the statute.

    Now, as for am I sure: I doubt you're going to find a dealer that will sell you a firearm, knowing you aren't a citizen and can't produce immigrant visa documentation. Even if you could, it appears to me that the plain wording of the statute makes it a crime for you to possess the firearm. If you were to possess it only in your home, would you have a constitutional defense against a prosecution? Sure. Would it be successful? I don't know. But I can guarantee you that you would not enjoy finding out under those circumstances.
     
  7. jrm

    jrm Sledgehammer

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    A student visa is a nonimmigrant visa, because the holder of the visa is not immigrating to the US, but instead will return home after his educational work is complete.
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    What is the (y)(2) exception?
     
  9. jrm

    jrm Sledgehammer

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    (y)(2) lists four exceptions. Three of them apply to foreign government officials. The other one is when the alien is:

    (A) admitted to the United States for lawful hunting or
    sporting purposes or is in possession of a hunting license or
    permit lawfully issued in the United States
     
  10. jfman

    jfman New Member

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    Very nice to know that the drug dealer that lives down the street can legaly own a gun but I cant.
     
  11. ICP_Juggalo

    ICP_Juggalo Active Member

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    Well actually if the drug dealer is as you say "dealing drugs" then he cannot be in possession of a firearm while in the commission of a felony. It is a felony in itself. But we all know that criminals don't follow the law and that leaves us law-abiding folk to suffer for it.
     
  12. jfman

    jfman New Member

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    I'm turning the tables now but... A guy with a felony will never ever be able to posses a firearm, even in his own home???
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    G. Gordon Liddy attacked a trespasser on his property with a 2 x 4. He later said, "I am a convicted felon. I can't possess firearms."

    O.C.G.A. 16-11-131.
    (a) As used in this Code section, the term:

    (1) 'Felony' means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States.

    (2) '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.

    (b) 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.
     
  14. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    By the way, 18 U.S.C. 925, above in subsection (d), has been defunded by Congress so that nobody may obtain relief under its provisions.

    I am not sure it is the Secretary of the Treaury anymore, either, now that ATF has been moved over to the DOJ from Treasury (bad move).