Felony offenses in general are also eligible for first offender. The law does specify certain felony offenses that are not eligible, but does not disqualify all felonies.
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Carry Permit - Felon
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Felony offenses in general are also eligible for first offender. The law does specify certain felony offenses that are not eligible, but does not disqualify all felonies.
That is not correct. With successful completion of first offender probation there is not a 5 year waiting period for application of a weapons carry license, with the exception of first offender probation for drug offenses as provided in O.C.G.A 16-11-129.
16-11-129. License to carry weapon; temporary renewal permit; mandamus
(a) Application for weapons carry license or renewal license; term. The judge of the probate court of each county may, on application under oath and on payment of a fee of $30.00, issue a weapons carry license or renewal license valid for a period of five years to any person whose domicile is in that county or who is on active duty with the United States armed forces and who is not a domiciliary of this state but who either resides in that county or on a military reservation located in whole or in part in that county at the time of such application. Such license or renewal license shall authorize that person to carry any weapon in any county of this state notwithstanding any change in that person's county of residence or state of domicile. Applicants shall submit the application for a weapons carry license or renewal license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license or renewal license. An applicant who is not a United States citizen shall provide sufficient personal identifying data, including without limitation his or her place of birth and United States issued alien or admission number, as the Georgia Bureau of Investigation may prescribe by rule or regulation. An applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). 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. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within the state at no cost.
(b) Licensing exceptions.
(1) As used in this subsection, the term:
(A) "Controlled substance" means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21.
(B) "Convicted" means a plea of guilty or a finding of guilt by a court of competent jurisdiction or the acceptance of a plea of nolo contendere, irrespective of the pendency or availability of an appeal or an application for collateral relief.
(C) "Dangerous drug" means any drug defined as such in Code Section 16-13-71.
(2) No weapons carry license shall be issued to:
(A) Any person under 21 years of age;
(B) Any person 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 has not been pardoned for such 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 constitution or laws of such state or nation;
(C) Any person against whom proceedings are pending for any felony;
(D) Any person who is a fugitive from justice;
(E) Any person who is prohibited from possessing or shipping a firearm in interstate commerce pursuant to subsections (g) and (n) of 18 U.S.C. Section 922;
(F) Any person who has been convicted of an offense arising out of the unlawful manufacture or distribution of a controlled substance or other dangerous drug;
(G) Any person who has had his or her weapons carry license revoked pursuant to subsection (e) of this Code section;
(H) Any person who has been convicted of any of the following:
(i) Pointing a gun or a pistol at another in violation of Code Section 16-11-102;
(ii) Carrying a weapon without a weapons carry license in violation of Code Section 16-11-126; or
(iii) Carrying a weapon or long gun in an unauthorized location in violation of Code Section 16-11-127
and has not been free of all restraint or supervision in connection therewith and free of any other conviction for at least five years immediately preceding the date of the application;
(I) Any person who has been convicted of any misdemeanor involving the use or possession of a controlled substance and has not been free of all restraint or supervision in connection therewith or free of:
(i) A second conviction of any misdemeanor involving the use or possession of a controlled substance; or
(ii) Any conviction under subparagraphs (E) through (G) of this paragraph
for at least five years immediately preceding the date of the application; or
(J) Any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application. The judge of the probate court may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the weapons carry license or renewal license.
(3) If first offender treatment without adjudication of guilt for a conviction contained in subparagraph (F) or (I) of paragraph (2) of this subsection was entered and such sentence was successfully completed and such person has not had any other conviction since the completion of such sentence and for at least five years immediately preceding the date of the application, he or she shall be eligible for a weapons carry license provided that no other license exception applies.
Note that the underlined section regarding first offender probation and a 5 year waiting period only applies to offenses in paragraph 2, subparagraphs F and I (also underlined) which relate to drug offenses. Other than those specified offenses, success first offender probationers are eligible for issue of a weapons carry license immediately upon release of probation without adjudication of guilt.
I never said "felonies" weren't eligible for First Offender Act, I was talking in general that it would show up on a criminal histroy run by which ever court runs a criminal history. That is why I posted the GCIC sheets on who can obtain a criminal history and what they are able to see.
Or did I read that the wrong way???
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I never said "felonies" weren't eligible for First Offender Act, I was talking in general that it would show up on a criminal histroy run by which ever court runs a criminal history. That is why I posted the GCIC sheets on who can obtain a criminal history and what they are able to see.
Or did I read that the wrong way???
You're absolutely correct that the charge and first offender treatment will show up on a criminal history, I thought you were also saying that misdemeanors and felonies under first offender were discharged differently. Other than certain offenses, once successfully completed and discharged, neither misdemeanor nor felony first offenders will be considered to have a conviction, and neither will have any restrictions on their ability to own firearms or have a weapons carry license.
Part where you say shall be considered. This is done to give people a second chance at life. It never goes away, if it did the criminal justice system would not be able to see it as a conviction. Even a felony, First Offender Act completed remains on a criminal history. The idea behind it is employers will not see it. The issuing court of the Carry Permit will be able to see "Completed First Offender", and if it is a felony conviction, it remains a felony conviction. It is just not visible for everyone to see.
Look back at the GCIC pictures and then read the part below I copied from your earlier post in regards to who cannot.
B) Any person 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 has not been pardoned for such 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 constitution or laws of such state or nation;
We can agree to disagree, but I think what I will do is contact the probate judge on Monday and ask him if he issues carry permits to completed First Offenders, that were convicted of felonies.
IF I AM WRONG I WILL POST I AM WRONG AND YOU WERE RIGHT!!!! HOW DOES THAT SOUND????
This is all 100% correct.
Here's the thing. It's not a conviction. The code section is very specific on this point. It says -
Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt,
Which means that the terms of probation are served before a conviction. Once the terms are successfully completed, the sentencing judge discharges the defendant without entering an adjudication of guilt.
a) Upon fulfillment of the terms of probation, upon release by the court prior to the termination of the period thereof, or upon release from confinement, the defendant shall be discharged without court adjudication of guilt.
And then the record is notated as such -
It shall be the duty of the clerk of court to enter on the criminal docket and all other records of the court pertaining thereto the following:
"Discharge filed completely exonerates the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties, except for registration requirements under the state sexual offender registry and except with regard to employment providing care for minor children or elderly persons as specified in Code Section 42-8-63.1; and the defendant shall not be considered to have a criminal conviction. O.C.G.A. 42-8-62."
If there isn't an adjudication of guilt, it's not a conviction. The law really couldn't be much clearer on this point.
No disagreement there either. Never argued they couldn't see it. I agree 100% that it appears on the criminal history. Despite being able to see it, the probate court can't use it as a disqualifier because they can also see that the criminal record is noted as I quoted from the code section above, so the disqualifier section you're quoting does not apply, as the person is not considered to have a criminal conviction.
By all means, please do. Hopefully when he explains the law exactly as I have several times now you'll believe it. Give Barrow County's call as well. I have personally had that conversation with Judge Brown, and I have also personally seen the discharge paperwork of completed two First Offender's for felony charges as well as their Barrow County issued Weapons Carry Licenses.
Dude, it's not a pissing match or dick measuring contest. Just trying to make sure the OP gets correct information.
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Further, while there is a code section prohibiting possession of a firearm by someone currently on First Offender probation, the same code section addresses that once that person is discharged from First Offender probation without adjudication of guilt, that disability is relieved. You'll also note that the code section does specifically address felony probation.
16-11-131. Possession of firearms by convicted felons and first offender probationers
(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.
16-11-131. Possession of firearms by convicted felons and first offender probationers
(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.
You should also reference the Georgia Supreme Court decision State vs. Mills -
http://caselaw.findlaw.com/ga-supreme-court/1049659.html
The case directly addresses completion of First Offender probation and subsequently being relieved of the disabilities of such upon discharge of First Offender probation, even directly quoting 42-8-62 that "upon fulfillment of the terms of probation, the defendant shall be discharged without court adjudication of guilt. The discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his civil rights or liberties;  and the defendant shall not be considered to have a criminal conviction."
Once again, couldn't be clearer.
http://caselaw.findlaw.com/ga-supreme-court/1049659.html
The case directly addresses completion of First Offender probation and subsequently being relieved of the disabilities of such upon discharge of First Offender probation, even directly quoting 42-8-62 that "upon fulfillment of the terms of probation, the defendant shall be discharged without court adjudication of guilt. The discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his civil rights or liberties;  and the defendant shall not be considered to have a criminal conviction."
Once again, couldn't be clearer.
Your right it is not a pissing match or dick measuring contest but I will concede,
YOU ARE RIGHT!!!!
In light of the overwhelming evidence I concede!!!! I don't claim to know everything by no means, but it looks as though I was not as informed as I thought I was.
But you must admit a takes a big sack to admit it lol.
YOU ARE RIGHT!!!! In light of the overwhelming evidence I concede!!!! I don't claim to know everything by no means, but it looks as though I was not as informed as I thought I was.
But you must admit a takes a big sack to admit it lol.
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Your right it is not a pissing match or dick measuring contest but I will concede,
In light of the overwhelming evidence I concede!!!! I don't claim to know everything by no means, but it looks as though I was not as informed as I thought I was.
But you must admit a takes a big sack to admit it lol.
My life's work is complete, I've convinced someone on the internet they were wrong. LOL.
Seriously, it was by no means a personal assualy, this just happens to be a subject I'm very familiar with, had a good friend who unfortunately had to deal with it and I helped out with the legal research.
And yes, it does take a big set to admit one is wrong.
