Agreed, you are absolutely correct
whoever posses it at the time stolen is determined is the charged unloess they were having the serial number ran at a local LEO office on their own accord, then they are not guilty since they have to hand it over to the LEO to get the number ran per current procedures.
Complete B.S.
PROBABLE CAUSE to arrest and then obtain the arrest warrant WILL REQUIRE that the ARRESTING OFFICER and MAGISTRATE JUDGE to REASONABLY BELIEVE that the PERSON WHO CURRENTLY POSSESS THE STOLEN ITEM received, disposed of, or retained the stolen property AND he KNEW OR SHOULD HAVE KNOWN IT WAS STOLEN. Mere possession is not enough to lawfully arrest the possesser.
Telling truth might get you off stealing it, but still have the "posession of a stolen firearm" charge to fall on. A simple screen shot of the dealing or the highly hated bos might help but not the popular odt butt cover. Did u by chance have a witness or able to describe the seller or vehicle or if met at a convenience or other store with cameras they might be your saving grace if video is kept long enough and they are willing to give it up, (it'd be worth $ to you to get)pm me for more tips i'll get trashed here if i give away any more known facts.
NO CODE SECTION IN THE O.C.G.A. EXSIST FOR "posession of a stolen firearm"
The code section that would apply here is:
O.C.G.A. 16-8-7 : Theft by receiving stolen property
(a) A person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen unless the property is received, disposed of, or retained with intent to restore it to the owner. "Receiving" means acquiring possession or control or lending on the security of the property.
(b) In any prosecution under this Code section it shall not be necessary to show a conviction of the principal thief.
Current procedures? Please provide these 'current procedures'. Maybe I'm misunderstanding what you're saying.
I don't think you misunderstood. I think you are just much more polite than I am when the needle on your B.S. Meter goes full right.
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