GA Cop Reading Comprehension Skills

[Sandy]

Just ran across this thread on GT. Joe Saxon says he's been a GA cop for 16 years, says that other cops might not be as "grooved in" as he, regarding interpretation of the GA Code.

Question is whether 18-20 yr-olds in GA can buy and sell handguns in a private sale, with or without parental permission.

Note that all the code sections referred to define "minor" as a person under the age of 18, and that all the prohibitions in the sections listed pertain to minors, as defined therein.

If Ol' Joe ever arrests somebody based on his "understanding" of this part of the GA Code, I hope, for his sake, that his lawyer has a better grasp of the English language than does Ol' Joe.

http://www.glocktalk.com/showthread....hreadid=504617

[HulkXD]

I'm probably wrong, but I thought that the 21 year old handgun law was federal, not state. Anyone able to shed some light on that?

[Sandy]

You're EXACTLY right! Some states, however, further restrict 18-20 yr. olds. Other than their not being able to qualify for a firearms license (and therefore, not able to legally carry in vehicles), GA places no restrictions on 18-20 yr. olds.

Joe's somehow not able to understand the definition of a minor in the very code sections that he quotes. Sad, but true.

[HulkXD]

So, is he saying that it's Ok for an 18-20 year old to have a handgun?

Sandy, the Federal Law Supercedes the state laws. That doesn't apply to only federal property or across state borders. It applies to all states above and beyond thier own state laws.

The federal law states that, and correct me if I am wrong, as far as alcohol and firearms goes, anyone under 21 is a minor. On voting, tobacco, and status laws conforming to school and parents, anyone under 18 is a minor. Anyone out there to help us out on this?

As far as I know, it is illegal for ANYONE under 21 to possess a handgun. Shotguns and rifles are different. And as far as possess goes, that means to carry concealed or open, to transport, to sell, to buy, to hold for Uncle Frenchy :P , or for any reason whatsoever. Again, if this is wrong, SOMEBODY TELL ME!!!!.

Excellent thread, sandy!

[Sandy]

O.K., Hulk, you're wrong! No, the cop is saying that all the prohibitions against minors' owning and/or being in possession of a handgun apply to persons who are, in fact, not minors, pursuant to the GA Code, which defines a minor as a person under the age of 18.

The Federal law does not prohibit persons 18-20 from owning or possessing handguns, nor does it prohibit those folks from buying handguns privately; they just can't buy from an FFL.

The "quirk" in the GA law is that 18-20 year-olds can buy (private sale) and possess handguns, but they can't carry a loaded handgun in a motor vehicle. I think that last part stinks. One of the most idiotic and probably unconstitutional federal laws is the prohibition of a citizen's buying a handgun in a state other than that citizen's state of residence. Can you think of any other item that's legal to own in both states, but that one can only buy in one's state of residence?

[HulkXD]

Sandy, not to burst your bubble, but this is from the NRA website:

The following classes of people are ineligible to possess, receive, ship, or transport firearms or ammunition:

Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
Fugitives from justice.
Unlawful users of certain depressant, narcotic, or stimulant drugs.
Those adjudicated as mental defectives or incompetents or those committed to any mental institution.
Illegal aliens.
Citizens who have renounced their citizenship.
Those persons dishonorably discharged from the Armed Forces.
Persons less than 18 years of age for the purchase of a shotgun or rifle.
Persons less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle.
Persons subject to a court order that restrains such persons from harassing, stalking, or threatening an intimate partner.
Persons convicted in any court of a misdemeanor crime of domestic violence.

Now, from what I'm getting from that, if you are a person less than 21 years old, you cannot purchase a firearm other than a shotgun or rifle. It doesn't state from a ffl, it says period.

[nogoa]

Hulk, the NRA is not federal code and does summarize in their explanation. Sandy is correct in the fact that under 21 cannot buy from an FFL.

TITLE 18 > PART I > CHAPTER 44 > § 922 (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;

TITLE 18 > PART I > CHAPTER 44 > § 922 (d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has been committed to any mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
(6) who [1] has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
( is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
(B)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of domestic violence.

[HulkXD]

Nogoa, I am not arguing that sandy is wrong about the ffl part. And I know that the NRA paraphrases the law. The question is, is it illegal for anyone under age 21 to possess a handgun? The way I read it, yes, it is illegal per federal law. I am not saying I am right, I am saying I understand it this way. If someone could shed some light and proof that it IS legal to possess a handgun under age 21, that would be helpful.

[nogoa]

I just gave the federal law and it only states for purchase. I am not saying this as a federal officer(even though I sleep in the same bed as one, but I don't want to be pulled into court over some chat site), but I have no justification to make an arrest of an individual over the age of 18 who possesses a handgun without some other mitigating factor. I am not a lawyer, but have extensive training in general law and how it is written and comprehended.

[Sandy]

The State of Indiana issues concealed handgun permits to 18-yr-olds. Exactly how do you think they get away with that?

The Fed law only pertains to the purchase of a handgun from an FFL. Go to the FAQ on the BATFE's website. It's covered there.

My bubble's far from bursted. I researched this very question carefully, when my now-21-year-old son turned 18.

The sad thing about the GA cop is that he's not even being confused by the U.S. Code; he's completely misunderstanding the GA Code, which he's been charged with enforcing for 16 years.

Honestly, I thought it was pretty common knowledge that the U.S. Code didn't prohibit 18-yr-olds from purchasing handguns in private sales. They certainly don't have any say-so about 18-yr-olds' possessing handguns.