Georgia panel approves bill aiming to make it legal to brandish a gun

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K9s
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Georgia panel approves bill aiming to make it legal to brandish a gun

Post by K9s »

I can't wait to see how this is selectively enforced in some neighborhoods. If constitutional rights were allowed for everyone equally, I wouldn't mind.

https://www.ajc.com/news/state--regiona ... PueauFWdI/
A Georgia Senate panel approved legislation late Monday that would make it legal for a gun owner to pull or show their firearm during a dispute as long as he or she doesn’t “aim it offensively” at someone.

State Sen. Tyler Harper, an Ocilla Republican, said the legislation addresses a variety of issues gun rights advocates have with the state’s carry laws. The bill, which was approved by the Senate Judiciary Committee on a 5-3 party-line vote, also would allow licensed gun owners to carry their weapons in churches and in courts when there are no judicial proceedings.

Under current law, a person who pulls a gun on someone faces a felony aggravated assault charge, which carries up to 20 years in prison.

“My argument is: just because I have a weapon on my person and I show that weapon, I should not be charged with a felony — a 20-year felony — for simply brandishing my firearm in my attempt to de-escalate what I consider a situation where I felt threatened,” Harper said.

Senate Bill 224 would require someone who displays or pulls a gun to aim that weapon at the person — or otherwise use it “in a threatening manner” — before he or she could be charged with felony aggravated assault.

State Sen. Harold Jones, an Augusta Democrat and a lawyer, said prosecutors must prove the intent of someone showing or pulling a gun is murder before he or she can be found guilty of aggravated assault.

“A person who pulls their gun out and has it at their side — at their side — would not fit this new definition of aggravated assault,” Jones said. “I just don’t think we need to be doing that.”

Thomas Weaver, a gun rights activist and Cherokee County resident, said current law carries a lower penalty for a gun owner who shoots someone in self defense than someone who pulls out a firearm.

“If you shoot someone dead and legally claim self defense and you prevail in that, you’re off scot-free,” Weaver told lawmakers. “But if you show someone that you’re armed and you don’t shoot them dead, it’s aggravated assault and a 20-year felony.”

SB 244 also aims to allow all licensed gun owners to carry their weapons into places of worship — unless the church adopts a policy forbidding them. Current state law allows parishioners to carry weapons only if the place of worship’s governing body lets them. Few have decided to “opt in,” gun rights advocates said.

Gun owners also would be allowed to bring their weapons into court buildings when there are no judicial proceedings and officers of the court are not conducting official business. Guns still would not be allowed in court buildings that require visitors to go through security, Harper said. Current law bans guns from courthouses at all times.

SB 224 also aims to make it so people convicted of misdemeanor drug possession would no longer face a five-year suspension of their weapons permit, which is the current law.

“With possession of marijuana charges — that doesn’t disqualify a person from becoming a police officer, becoming the clerk of the court, becoming a sheriff’s deputy, a district attorney or a member of the armed services,” Harper said. “So why should we prohibit those individuals from being able to garner a weapons carry permit?”

If SB 224 is approved, antique guns would no longer be classified as weapons and law enforcement authorities would be required to sell firearms when they are confiscated.

After the hearing, state Sen. Elena Parent, D-Atlanta, turned to Twitter to call the legislation “horrific.”

“My colleagues refuse to acknowledge the danger and violence posed by guns and by the proliferation of guns,” Parent said on Twitter. “Instead they want to treat all guns as though they are sacred objects that are to be worshiped.”
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Re: Georgia panel approves bill aiming to make it legal to brandish a gun

Post by DispositionMatrix »

“My argument is: just because I have a weapon on my person and I show that weapon, I should not be charged with a felony — a 20-year felony — for simply brandishing my firearm...
"Show" for what reason? I would agree that someone simply seeing my firearm should not result in me going away for 20 years.
...in my attempt to de-escalate what I consider a situation where I felt threatened,” Harper said.
Brandishing would not be for de-escalation, so nope. When your firearm has cleared your holster you already have made the decision to fire. Carrying a handgun is serious business.
Senate Bill 224 would require someone who displays or pulls a gun to aim that weapon at the person — or otherwise use it “in a threatening manner” — before he or she could be charged with felony aggravated assault.

State Sen. Harold Jones, an Augusta Democrat and a lawyer, said prosecutors must prove the intent of someone showing or pulling a gun is murder before he or she can be found guilty of aggravated assault.

“A person who pulls their gun out and has it at their side — at their side — would not fit this new definition of aggravated assault,” Jones said. “I just don’t think we need to be doing that.”
OK.
Thomas Weaver, a gun rights activist and Cherokee County resident, said current law carries a lower penalty for a gun owner who shoots someone in self defense than someone who pulls out a firearm.
Well, self-defense is not nor should it be a crime anyway.
“If you shoot someone dead and legally claim self defense and you prevail in that, you’re off scot-free,” Weaver told lawmakers.
OK.
“But if you show someone that you’re armed and you don’t shoot them dead, it’s aggravated assault and a 20-year felony.”
"Show someone" is a problem in that it suggests the alleged "de-escalation" via displaying firearms mentioned above. But I'll agree if you draw and simply don't fire--such as if the bad guy ceases doing whatever he is doing upon seeing your firearm--you should not get jammed up on a 20-year felony.

To recap:
-Brandishing is not a form of de-escalation, but
-I don't buy into the idea that one should be sent to the klink simply for _not_ firing.
-Also, I don't buy into the hand-on-the-gun standard for jamming people up for brandishing, and I'm really not into pantswetting over a held or slung firearm anyway.

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Re: Georgia panel approves bill aiming to make it legal to brandish a gun

Post by K9s »

They only charge people with brandishing in certain circumstances. Now, it will be subjective "threatening manner".
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Re: Georgia panel approves bill aiming to make it legal to brandish a gun

Post by senorgrand »

not sure of the state's laws. in California, it would get you an assault charge in addition to brandishing, so even if you you eliminated brandishing, you could be accused of a violent offense that could jeopardize your 2a rights
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Re: Georgia panel approves bill aiming to make it legal to brandish a gun

Post by K9s »

It's pretty strict here, too, if they charge you.

It really is like "stand your ground" where certain people just never seem to get charged or convicted while others have "the book thrown at them".
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Re: Georgia panel approves bill aiming to make it legal to brandish a gun

Post by BKinzey »

senorgrand wrote:
Tue Mar 03, 2020 4:29 pm
not sure of the state's laws. in California, it SHOULD get you an assault charge in addition to brandishing, so even if you you eliminated brandishing, you could be accused of a violent offense that could jeopardize your 2a rights
Fixed it for you.

We have an incident over the weekend right here in LA where a guy brandished (pointed a handgun, finger on trigger, threatens to shoot) at people on his porch and there is video of the incident. So far no charges. It might have something to do with the current District Attorney being married to the guy.

https://www.msn.com/en-us/news/us/husba ... r-BB10E295

:crazy: :crazy: :thumbsdown:

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Re: Georgia panel approves bill aiming to make it legal to brandish a gun

Post by K9s »

BKinzey wrote:
Tue Mar 03, 2020 9:23 pm
senorgrand wrote:
Tue Mar 03, 2020 4:29 pm
not sure of the state's laws. in California, it SHOULD get you an assault charge in addition to brandishing, so even if you you eliminated brandishing, you could be accused of a violent offense that could jeopardize your 2a rights
Fixed it for you.

We have an incident over the weekend right here in LA where a guy brandished (pointed a handgun, finger on trigger, threatens to shoot) at people on his porch and there is video of the incident. So far no charges. It might have something to do with the current District Attorney being married to the guy.

https://www.msn.com/en-us/news/us/husba ... r-BB10E295

:crazy: :crazy: :thumbsdown:
Wait... that guy didn't get charged? Seriously?

I guess that's how it goes when you know the right people.
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Re: Georgia panel approves bill aiming to make it legal to brandish a gun

Post by senorgrand »

K9s wrote:
Tue Mar 03, 2020 9:53 pm
BKinzey wrote:
Tue Mar 03, 2020 9:23 pm
senorgrand wrote:
Tue Mar 03, 2020 4:29 pm
not sure of the state's laws. in California, it SHOULD get you an assault charge in addition to brandishing, so even if you you eliminated brandishing, you could be accused of a violent offense that could jeopardize your 2a rights
Fixed it for you.

We have an incident over the weekend right here in LA where a guy brandished (pointed a handgun, finger on trigger, threatens to shoot) at people on his porch and there is video of the incident. So far no charges. It might have something to do with the current District Attorney being married to the guy.

https://www.msn.com/en-us/news/us/husba ... r-BB10E295

:crazy: :crazy: :thumbsdown:
Wait... that guy didn't get charged? Seriously?

I guess that's how it goes when you know the right people.
doubly so in la
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Re: Georgia panel approves bill aiming to make it legal to brandish a gun

Post by shinzen »

The husband of the DA actually. Shocker
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