funny thing is he tried to tell me you can open carry in ga with out a permit and that is was ok for me to sale him a gun in ga and him not live here and i told him to check the laws again and he never said anything back.. lol
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atf maybe???
- Thread starter gilley
- Start date
hahahahaa what a doucher
at this point if he is in fact ATF, where does entrapment come into play?
i mean, its one thing to arrest someone for doing something illegal, i think its another thing to go fishing like this
They can use artifice and stratagem, but cannot coerce you to do it. This would not be entrapment, even if they offered you $1,000,000 it would not be entrapment by my understanding
yes but i thought if a cop told you something was legal, and then arrested you after the fact
like i said im not a lawyer, but even if its not entrapment shady stuff like this that preys on law abiding citizens should stop
plus its annoying, i mean do they think we are dumb?
all he said was "person to person transactions are legal in Ga" that is a true fact... Person to out of state person transactions are not.. he also said you should look into the law... then he changed the subject to make you feel all warm and cozy..
I dunno how entrapment works because even if a cop pressure you into doing something illegal, its your choice to do it... thats their defense. The judge is going to ask the question, "if you knew it was illegal, why did you do it?" hahah
I think thats just in the movies, I hadn't heard of a single case in Georgia that entrapment saved the defendant... **** I even see on the news all the time of REDDOG and ICE units setting up drug buys and illegal smuggling all the time.... **** look at T.I., he was caught with a bunch of machine guns because the ATF set him up thru his bodyguard.
Entrapment requires proof that (1) the idea of the crime originated with the state agent; (2) the agent's undue persuasion, incitement or deceit induced the crime; and (3) the defendant was not predisposed to commit the crime.’ ” Hinton v. State, 236 Ga.App. 140, 141, 511 S.E.2d 547 (1999). See OCGA § 16-3-25. In this case, all three elements could be arguable: first, the Gov't would likely say that the idea to commit the crime originated with the seller, because he posted the gun for sale. I would strongly disagree with this, as the OP posted the weapon for legal sale inside GA, but you can see how the Gov't could try to twist it. The second element, as Lax points out above, would be the toughest for the defense. In all of the GA entrapment cases I've reviewed (and I understand that if the ATF was involved, fed crim law would govern, but just humor me), I have yet to see one where the court actually found that what the police did was "undue persuasion." Simply put, GA courts appear to be unwilling to call any police activity "undue persuasion," I guess for fear of hamstringing the police trying to catch (primarily) drug offenders. Unfortunately, under this analysis, Lax is probably right that the money alone is insufficient to qualify as "undue persuasion." I would think that the Gov't would have a hard time disproving the OP's claim of having no predisposition to this offense, unless he had similar priors (in which case he probably wouldn't have a pistol, as he undoubtedly would have lost his firearm rights.)
All that being said, none of this matters, because the OP was smart about the deal. For future reference, though, I think all ODTers should take this as a cautionary tale and avoid having to rely on a shaky entrapment defense, as nothing appears to qualify as entrapment in GA unless an LEO puts a gun to your head.
As per usual, this is not legal advice, and is posted for discussion and entertainment purposes only.
