We got ‘til 1am on the HPA/SHORT Act🚨

[Rabbit2047]

Here in Georgia, silencers and other NFA restricted items are subject to a state law which will remain in place and in effect even if the feds change theirs.

Georgia state law says that owning or possessing a silencer is illegal, a felony, unless you fit an exception in the law.

And there is an exception for persons whose silencers are registered under the NFA. So what happens if the feds stop registering silencers?

I would think that this means you can't have a new, unregistered one in Georgia,
at least until our state legislature changes our law and uses some different words and phrases.

From someone who peddles a Law Booklet, I am surprised at your verbiage. It is NOT illegal to own a suppressor in Georgia, and I don't know why you would say that.... with the only anti suppressor law in georgia pertains to hunting (GS27-3-4) I have to break out my actual copies of GA Policy but I believe the language of the Georgia statutes reflects that of the National one, and with national policy changing, Georgia should automatically change as well

 

[Rolling_trip]

From someone who peddles a Law Booklet, I am surprised at your verbiage. It is NOT illegal to own a suppressor in Georgia, and I don't know why you would say that.... with the only anti suppressor law in georgia pertains to hunting (GS27-3-4) I have to break out my actual copies of GA Policy but I believe the language of the Georgia statutes reflects that of the National one, and with national policy changing, Georgia should automatically change as well

lol, you don’t know this guy then……some of his post makes you wonder…….

But I hate to admit he is right about this, we would have to get the state to amend this

2024 CODE OF GEORGIA :: Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) :: Chapter 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY (§§ 16-11-1 — 16-11-224) :: Article 4 - DANGEROUS INSTRUMENTALITIES AND PRACTICES (§§ 16-11-100 — 16-11-174) :: Par

Justia Free Databases of U.S. Laws, Codes & Statutes

law.justia.com

 

[GAgunLAWbooklet]

if you're going to read the actual statute verbatim instead of the version in my law book (which has bold, italics, and underlining of key sections, and breaking of big blocks of text into smaller paragraphs to make it more readable) ...

...keep in mind that the general statutory scheme is this:

(1) one law makes silencers and other NFA items illegal.

(2) another code section right next to it makes them illegal (again?) but subject to an exception which is an affirmative defense. That exception is that the NFA type of device that you possessed has been registered with the feds under the NFA.

So again I ask you --what happens when the NFA no longer accepts "registration" of new suppressors? What happens is while you're fine under federal law, state law says silencers are banned except for people who have registered with ATF and got their tax stamp back approved before the feds changed their side of the law!


So the solution is to have the Republican controlled Georgia General assembly amend our law to say, in a nutshell
"any machine guns, silencers, short rifles or shotguns, or destructive devices, that are legal under federal law shall also be legal under this state law."

 

[GAgunLAWbooklet]

* Footnote:

An "affirmative defense" is a well understood legal term that means the accused has the burden of raising it and offering the authority some evidence to support it. Otherwise the defendant can be both arrested and even put on trial if they don't raise an affirmative defense.

Yes, it seriously undercuts your right to remain silent if you are arrested for one of these crimes.

 

[ChuckC]

lol, you don’t know this guy then……some of his post makes you wonder…….

But I hate to admit he is right about this, we would have to get the state to amend this

2024 CODE OF GEORGIA :: Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) :: Chapter 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY (§§ 16-11-1 — 16-11-224) :: Article 4 - DANGEROUS INSTRUMENTALITIES AND PRACTICES (§§ 16-11-100 — 16-11-174) :: Par

Justia Free Databases of U.S. Laws, Codes & Statutes

law.justia.com

I could be wrong, but my interpretation is... Since the law says "in accordance with the dictates of the NFA" implies that if the NFA changes their dictates, the state law follows.

 

[300_whisper]

I view laws as recommendations.

 

[tomtomgt356]

 

[GAgunLAWbooklet]

Is a stint in prison just a slumber party / sleepover among post-teenage friends?

 

[300_whisper]

Is a stint in prison just a slumber party / sleepover among post-teenage friends?

It’s only prison time if you get caught or have a crappy lawyer.

 

[edman99]

Here in Georgia, silencers and other NFA restricted items are subject to a state law which will remain in place and in effect even if the feds change theirs.

Georgia state law says that owning or possessing a silencer is illegal, a felony, unless you fit an exception in the law.

And there is an exception for persons whose silencers are registered under the NFA. So what happens if the feds stop registering silencers?

I would think that this means you can't have a new, unregistered one in Georgia,
at least until our state legislature changes our law and uses some different words and phrases.

Seems to me to be reasonable that Ga law can't require you to do something that isn't possible. So, the law is moot.