Georgia Gun Laws Explained in Plain English (We hope) (Page 4 of 4)
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GA, USA
| I have a question for the community, if you wouldn't mind. I know someone (no, not me) who I will call "the Subject" who years ago had an adverse reaction to a legally prescribed medicine, had an adverse reaction in the form of hallucinations, and ended up calling 911 to report/request help. The police responded and determined that the reported "bad guy" (hallucination) was not real and that the Subject was in need of evaluation by a doctor. The Subject was transported to an ER under via 10-13. The Subject was evaluated by a doctor who determined the Subject should stay for observation and stabilization. The Subject's mental condition improved rapidly after the medicine in question was metabolized and eliminated by their body. After about 48 hours, the Subject was re-evaluated by a psychiatrist who determined the Subject's hallucinations were a result of the adverse reaction to the medicine, that the Subject was not mentally ill, and that Subject was not a danger to themself or others. The Subject was discharged from the hospital after about 3 days. The Subject was not arrested and has no criminal history. The Subject was never adjudicated "mentally defective" by a judge. Would the Subject be able to apply for a GWCL? |
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Originally Posted By swiftsailing: I have a question for the community, if you wouldn't mind. I know someone (no, not me) who I will call "the Subject" who years ago had an adverse reaction to a legally prescribed medicine, had an adverse reaction in the form of hallucinations, and ended up calling 911 to report/request help. The police responded and determined that the reported "bad guy" (hallucination) was not real and that the Subject was in need of evaluation by a doctor. The Subject was transported to an ER under via 10-13. The Subject was evaluated by a doctor who determined the Subject should stay for observation and stabilization. The Subject's mental condition improved rapidly after the medicine in question was metabolized and eliminated by their body. After about 48 hours, the Subject was re-evaluated by a psychiatrist who determined the Subject's hallucinations were a result of the adverse reaction to the medicine, that the Subject was not mentally ill, and that Subject was not a danger to themself or others. The Subject was discharged from the hospital after about 3 days. The Subject was not arrested and has no criminal history. The Subject was never adjudicated "mentally defective" by a judge. Would the Subject be able to apply for a GWCL? If he's not a felon, a misdemeanor domestic abuser, or has not been adjudicated mentally defective by a judge, he's not a prohibited person. But with Constitutional carry, a GWCL isn't necessary (personally, I'll still pay the $80/5 years because being able to skip the NICS check every time I fill out a 4473 along with reciprocity is worth $16/year to me) |
“Necessary? Is it necessary for me to drink my own urine? No, but I do it anyway because it’s sterile and I like the taste.” -Patches O’Houlihan
"I don't eff with poorsies."
-Mona-Lisa Saperstein
"I don't eff with poorsies."
-Mona-Lisa Saperstein
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I don't know if this thread is still alive, but I have a question about concealed and open carry for our Northern state neighbors. You've probably heard that FL has recently become an open carry state, yay. I plan on open carrying when I go canoeing, fishing and hiking on the St. Mary's River that separates north Fl and south GA. If by chance I happen to paddle over to the GA side of the river and land the boat, am I good to go? Also, we live near the border and frequently drive into GA. I always carry concealed or put it in the glove box when I go anywhere. Am I good to go if stopped by a GA trooper, carrying concealed, open or with it loaded and in the glove box? I have a FL CWL. |
I have no idea what the hell I am doing. My last words will probably be, "Well hell ... that didn't work."
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You are good. Georgia law allows any "lawful weapons carrier" to carry handguns openly or concealed in most public spaces without any permit required. A person is a lawful weapons carrier if they would be eligible for a weapons carry license under Georgia law (whether or not they have a license) and are not otherwise prohibited by law from possessing a handgun or long gun, or if they are licensed to carry a weapon in any other state. You can look up the prohibited places, but it's pretty much the places you'd expect. If you're a law abiding person and in GA: carry open, concealed, or stashed in your glove box and go on about your day. |
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I had a strange question from a student last night. Is it legal to shoot someone if they are stealing your dog? Based on all my training I would say no. I would however fight the thief to prevent the theft and if he then attacked me, I could articulate that I was being attacked. Your thoughts? |
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State laws vary as to whether or not stealing a dog is a Felony. Georgia seems weak. I think the dog would have to be worth more than $500 for it to be a Felony. And even then, it would not necessarily be the "forcible felony" required under Georgia law to invoke deadly force. And while I would consider the dog to be an "innocent at risk of death or great bodily harm," Georgia code (link below) specifically refers to "persons" who I doubt would include dogs in a court of law. But it might depend on the Georgia county! So, along the lines of your thought, if you were to physically intercede in the dog knapping (a crime; if not a felony, at least a misdemeanor), and the villain refused to relinquish the dog, and that resulted in you or any reasonable person being in fear of death or great bodily harm, you might meet the threshold of justification should you need to introduce deadly force. https://law.justia.com/codes/georgia/title-16/chapter-3/article-2/section-16-3-21/ |
KEEP CALM and let ME Carry On.
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"forcible felony" is defined in Georgia law. (6) "Forcible felony" means any felony which involves the use or threat of physical force or violence against any person. https://law.justia.com/codes/georgia/title-16/chapter-1/section-16-1-3/ Stealing a dog doesn't count, unless it is part of a robbery or armed robbery using a threat of force or violence against you. This is relevant only to the discussion on deadly force, however. You can always use "force" to stop a person from taking your property. The choices are not limited to (A) shoot him or (B) let him have your property. |
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Question - regarding alcohol, as i understand it drinking any carrying is a no-go and while its not well defined as to where the limit is. Buut what if someone is not carrying on their person but in their vehicle .. the vehicle being an extension of the home would then only the intoxication limit for driving apply? |
Georgia Gun Laws Explained in Plain English (We hope) (Page 4 of 4)
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