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  1. #1
    Join Date
    Jan 2010
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    1

    Smile Diversion and Gun Ownership

    My question involves criminal law for the state of: Georgia

    I recently was sentenced to a 3 yr unsupervised judicial diversion in Tennessee. I live in Georgia. My question is, and the way I understand it, I have not been convicted of a felony (attempted robbery), so during the 3 year diversion am I allowed to possess a rifle for hunting purposes. I do not own a handgun although I have in the past as well as held a gun mermit for a handgun in the past. The court did not ask if i had a current handgun permit, which I do not. I am only concerned with hunting. Any help would be appreciated.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Diversion and Gun Ownership

    This appears to be the governing statute:
    Quote Quoting OCGA § 16-11-131. Possession of firearms by convicted felons and first offender probationers
    (a) As used in this Code section, the term:
    (1) "Felony" means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States.

    (2) "Firearm" includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.
    (b) Any person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42 or who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and who receives, possesses, or transports any firearm commits a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years; provided, however, that if the felony as to which the person is on probation or has been previously convicted is a forcible felony, then upon conviction of receiving, possessing, or transporting a firearm, such person shall be imprisoned for a period of five years.

    (b.1) Any person who is prohibited by this Code section from possessing a firearm because of conviction of a forcible felony or because of being on probation as a first offender for a forcible felony pursuant to this Code section and who attempts to purchase or obtain transfer of a firearm shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.

    (c) This Code section shall not apply to any person who has been 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 the several states or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, or transport a firearm.

    (d) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of firearms by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. Section 925, shall, upon presenting to the Board of Public Safety proof that the relief has been granted and it being established from proof submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A person who has been convicted under federal or state law of a felony pertaining to antitrust violations, unfair trade practices, or restraint of trade shall, upon presenting to the Board of Public Safety proof, and it being established from said proof, submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A record that the relief has been granted by the board shall be entered upon the criminal history of the person maintained by the Georgia Crime Information Center and the board shall maintain a list of the names of such persons which shall be open for public inspection.

    (e) As used in this Code section, the term "forcible felony" means any felony which involves the use or threat of physical force or violence against any person and further includes, without limitation, murder; felony murder; burglary; robbery; armed robbery; kidnapping; hijacking of an aircraft or motor vehicle; aggravated stalking; rape; aggravated child molestation; aggravated sexual battery; arson in the first degree; the manufacturing, transporting, distribution, or possession of explosives with intent to kill, injure, or intimidate individuals or destroy a public building; terroristic threats; or acts of treason or insurrection.

    (f) Any person placed on probation as a first offender pursuant to Article 3 of Chapter 8 of Title 42 and subsequently discharged without court adjudication of guilt pursuant to Code Section 42-8-62 shall, upon such discharge, be relieved from the disabilities imposed by this Code section.
    Article 3 of Chapter 8 of Title 42 includes deferral prior to adjudication of guilt under OCGA § 42-8-60.

  3. #3
    Join Date
    Dec 2009
    Posts
    117

    Default Re: Diversion and Gun Ownership

    by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. Section 925
    I think the Attorney General is the one that makes these determinations nowadays? Probably, if for no other reason, because BATFE is now a DOJ agency?

  4. #4
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    Default Re: Diversion and Gun Ownership

    Subsection (d) isn't relevant to the question, unless the person fails to complete probation and ends up with a felony conviction.

  5. #5
    Join Date
    Jun 2007
    Posts
    369

    Default Re: Diversion and Gun Ownership

    in otherwords though, once he completes diversion and his charges are dismissed he cant even technically be labeled a felon? So he can or can not own firearms? a background check will or will now show the felony? im on a diversion right now for felony evading and felony wreckless so im curious anout the laws in tennessee...

  6. #6
    Join Date
    Nov 2006
    Posts
    368

    Default Re: Diversion and Gun Ownership

    Once you complete your diversion, your record should be clear. But I would ask your probationary officer to be sure. The site below explains it clearly.

    http://nashvilleattorneynow.com/diversion-tn/

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