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Georgia gun laws

Because your premise about "reasonably literate" is not well founded.

I have observed dozens, maybe hundreds of cases...
And as @summer notes, the State of Georgia is not bound by the federal definition of a shotgun, just like it has a different definition of "firearm."


Okay, I'll give you the fact that some cops just aren't that good at reading the law and knowing what it means and how to apply it in real life situations. I just read a case about that where a cop blatantly misinterpreted the law about vehicles having to have rear-facing mirrors, and the Court of Appeals said that his traffic stop of a driver was an unconstitutional and unauthorized seizure because the 2 side mirrors he had fully complied with the law, making that missing center-of-windshield rear view mirror (which was missing) unnecessary under Ga. motor vehicle equipment laws. The cop was sure that the law had to be read to require that all 3 mirrors be intact and working, or it was a violation.

HOWEVER, what's your second point again about Georgia not being bound by federal definitions of terms like "firearm" and "shotgun"? That's true, but irrelevant because Ga Code 16-11-121 has its own definition of a shotgun, which does not rely on the term "firearm," although the same concept is incorporated into the definition of both "sawed off rifle" and "shotgun" (and therefore, also "sawed off shotgun" by extension). Georgia law says shotguns are guns that are intended or designed, or redesigned, to use shoulder stocks. That's it. Nobody needs to ask ATF how they'd interpret that. Georgia law stands on its own.
 
The Georgia law, like the federal law, depends on the word "intended". The feds have BATF defining the term. We have a magistrate judge in East Jesus, Ga. making that decision at the county jail on a Sat. morning. That magistrate "know what he knows" and doesn't need some Washington know-it-all to tell him what he knows.
 
Are you saying the local yokel magistrate will NOT even consider the language of the statute at all, and figure that any gun that uses standard 12-gauge shotgun shells is obviously a shotgun?

Or will that magistrate bother to read and think about the wording of Georgia's laws, and then come to the conclusion that despite the lack of a butt stock ever being on this gun, and with no butt stock found loose in the defendant's home or vehicle, this gun was still one that is "intended" to be fired from the shoulder?
 
Are you saying the local yokel magistrate will NOT even consider the language of the statute at all, and figure that any gun that uses standard 12-gauge shotgun shells is obviously a shotgun?

ABSOLUTELY.

It's the old "if it looks a duck and walks like a duck and sounds like a duck, it must be a duck" principal.


Or will that magistrate bother to read and think about the wording of Georgia's laws, and then come to the conclusion that despite the lack of a butt stock ever being on this gun, and with no butt stock found loose in the defendant's home or vehicle, this gun was still one that is "intended" to be fired from the shoulder?
This too. I'm considering that most magistrates have only seen homemade versions of this, and will think someone is trying to pull a fast one on them. Unless the magistrate has happened to see one somewhere, he's just not going to know what the heck it is.

I'm not arguing the point that the gun itself is legal, I'm pessimistic about about the immediate future of the owner of one who has some misfortune that brings him before the law.

Of course, as you allude in one of your comments above, I'm mixing in the propensity of defendant's need to "splain" themselves, instead of just shutting up.
 
Are you saying the local yokel magistrate will NOT even consider the language of the statute at all, and figure that any gun that uses standard 12-gauge shotgun shells is obviously a shotgun?

Or will that magistrate bother to read and think about the wording of Georgia's laws, and then come to the conclusion that despite the lack of a butt stock ever being on this gun, and with no butt stock found loose in the defendant's home or vehicle, this gun was still one that is "intended" to be fired from the shoulder?

I would be willing to bet you there are more than a few magistrate who don't even know what a butt stock is. I can think of a few magistrates, who I am not sure if they they know the difference in a Rifle and a shotgun. Further more there is a retired fire Cheif being prosecuted currently for refusing to move his truck when orderd to by a state trooper. He was giving CPR to an women who was not breathing at the time he refused and the trooper was aware. This case is going on right now in Pike county Georgia. It has yet to be dismissed. So tell us again how someone cant be prosecuted unjustly.
 
Question, maybe off topic, but is the shockwave or Tack 14 considered a DD if it has a side saddle on it and filled with 12 mini shells? It carries 8+1 +12
I thought I had heard on the "interfakenet" that it could be considered illegal if carried concealed (under a coat Jacket) and or with more that the "published" qty of rounds..

Any truth to this? What say yee?
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What if they rifled the barrel, kinda like the Taurus Judge? Wouldn't it be legal regardless? Or is that just because a long colt fits in it?
 
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