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ODT Gun Show this Saturday! - Click here for info and tickets!
Didn’t like be told no sale
- Thread starter Hoosier
- Start date
I'm tempted to put "peek at CCW permit" (for the same reason as @144P&Y because I can't do a background check... yes, I know that just because you passed it once doesn't mean you're still an upstanding citizen), and something along the lines of "if you contact me then you are a GA resident and legal to purchase and own firearms pursuant to federal/state/local regulations." I've been contacted by several people from out-of-state who didn't mention that up front (only mentioned it when I asked if they were GA residents/CCW holders... usually in response to something they said that clued me into them not being one. The last guy said he was in the area for a little while to have some dog training done so my spidey-sense went off a little and he admitted to being a FL resident). I also made a trade the other day where the other party didn't mention anything beforehand about completing bill of trades, but I was cool with it because it was pretty much common practice in the state I moved from, so no big deal.
Here's the ugly truth. If you as a private individual sell a gun and for whatever reason law enforcement gets involved, there is NOTHING - no piece of paper, no agreement, no cell phone video - that will automatically prevent you from being charged. All those decisions rest with the local prosecutor to decide. And if for whatever reason your local DA is feeling froggy, your bill of sale won't keep you out of court. Yes, eventually you may win but not without a lot of money and hassle. Use them if you want or not but just understand that we all take a certain calculated risk selling this way. Be smart, be careful and have fun.
Here is the actual section of code. You are under no obligation whatsoever to affirmatively determine a person's eligibility to take possession of a firearm in Georgia. Period. Axing for a billow sail or a bill of cell is not going to help you in any way. This will no doubt cause consternation amongst the Barney Fife-Gman-FFL wannabes, but that's the law. Stop with the stupid assed "but it protects you" nonsense.
§ 16-11-113. Offense of transferring firearm to individual other than actual buyer; penalty
(a) Any person who knowingly attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm to an individual who is not the actual buyer, to an individual who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42, to an individual who is on probation and sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2, or to an individual who has been convicted of a felony by a court of this state or any other state, as well as any other person who willfully and intentionally aids or abets such person, shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than five years; provided, however, that upon a second or subsequent conviction, by imprisonment for not less than five nor more than ten years.
(b)
(c) This Code section shall not apply to a federal law enforcement officer or a peace officer, as defined in Code Section 16-1-3, in the performance of his or her official duties or other person under such officer's direct supervision.
§ 16-11-113. Offense of transferring firearm to individual other than actual buyer; penalty
(a) Any person who knowingly attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm to an individual who is not the actual buyer, to an individual who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42, to an individual who is on probation and sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2, or to an individual who has been convicted of a felony by a court of this state or any other state, as well as any other person who willfully and intentionally aids or abets such person, shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than five years; provided, however, that upon a second or subsequent conviction, by imprisonment for not less than five nor more than ten years.
(b)
(1) Any person who knowingly and intentionally provides a firearm to any other person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42 or to any person who has been convicted of a felony by a court of this state or any other state shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years; provided, however, that upon a second or subsequent conviction, such person shall be punished by imprisonment for not less than five nor more than ten years.
(2) Nothing in this subsection shall be construed as requiring a provider of a firearm to affirmatively confirm that a person to whom a firearm is provided is not a felony first offender or a person who has been convicted of a felony.
(3) This subsection shall not apply to any person providing a firearm to any other person who has been:
(A) 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 any other state of the United States or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, or transport a firearm; or
(B) Otherwise granted relief from the disabilities of Code Section 16-11-131 pursuant to subsections (c) and (d) of such Code section.
(c) This Code section shall not apply to a federal law enforcement officer or a peace officer, as defined in Code Section 16-1-3, in the performance of his or her official duties or other person under such officer's direct supervision.
Well consider yourself "Trojaned", as in "Protected", LOL!
It makes me feel warm and fuzzy all over.
