Can I lose my Carry Permit and 2nd Amendment rights if


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sharpshooter74
June 19, 2009, 10:16 AM
Can I lose my Carry Permit and 2nd Amendment rights if I got into an unarmed altercation? Especially in the State of Georgia?

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FlyinBryan
June 19, 2009, 10:18 AM
yes possibly.

would depend on the variables.

convicted of assault?

probably.

dont get into an altercation.

ztnedman1
June 19, 2009, 10:26 AM
?

As in you start fighting someone, they are kicking your ass and then you pull your gun out?

Yes.

Or is it an argument that get heated and you want to make the guy **** his pants?

Yes.

Your firearm is for your protection and self defense, not as a bargining chip.

sharpshooter74
June 19, 2009, 10:34 AM
I've got neighbors that like to start **** with me on my own yard. They just talk so much ****, that I just want to walk up to them and knock them out. I've called the cops on them a couple of times, but it's to no avail because no real crime was committed. I have refrain from doing such a thing because I don't want to lose my gun rights. But if they do try to put their hands on me, damn straight I'm going to defend myself.

murph50
June 19, 2009, 10:44 AM
The cops have been called about this. May be a good idea to get a restraining order against them. Then if they cause any problems --the cops will take care of it.

OurSafeHome.net
June 19, 2009, 10:45 AM
sharpshooter74 needs to move. If you are in the Atlanta area, there are all sorts of "Move In Specials" that offer free rent for the first "x" months, etc.

Be smart. Stay out of trouble. Grow a thicker skin.

5whiskey
June 19, 2009, 10:49 AM
sharpshooter, I've been through the same deal (actually a little worse, my neighbors wanted to come on the property and pee in the mailbox at 1 am). The best thing you can do is to smile and wave. Act like you don't even acknowledge their existence. When you do that, they'll either get bored and feel like they punked you (which is childish, if I can make someone feel like they punked me by my silence and I avoid a conflict, then I'm happy with that), or they'll escalate the situation by coming into your yard. Give them legal "no trespassing" notification, and press charges if they come on your property again. It doesn't sound "manly" but it really is your best recourse.

jfh
June 19, 2009, 10:51 AM
Clearly, it's time to move.

Jim H.

duckman007
June 19, 2009, 10:53 AM
In Georgia, if you are convicted of a felony, you will lose your carry permit. Aggravated Assault and Aggravated Battery are both a felony in Georgia, whereas Simple Assault and Simple Battery are both a misdemeanor. A misdemeanor, in and of itself, will not cause a revocation in your carry permit. However, a conviction for a forcible misdemeanor or a violation listed under the GA Family Violence Act may very well result in the loss of your permit.

any person who has been convicted of a forcible misdemeanor and has not been free of all restraint or supervision in connection therewith for at least five years

The above quote is from GA Code 16-11-129 and states who can not obtain a permit.

I hope this helps.

sharpshooter74
June 19, 2009, 10:58 AM
I guess I have no choice but to refrain from doing anything stupid. Unfortunately yes I live in the Atlanta Area of Clayton County. I'm surrounded by ghetto, uncivlized people of all races that can't seem to respect their neighbors. I might as well move out. I've been here long enough. I give up.

MarineOne
June 19, 2009, 11:01 AM
File a complaint. Do this everytime the police are called. Once there are enough complaints to warrant a restraining order you can file for it.

You can file the complaints under various terms but you should also look into the laws and statues in your area to see what else you can claim like a few of the following:

- Disturbing the peace,
- Public nuisance,
- Threats against my person/property,
- Public intoxication (if they've been drinking),

You can also contact your HOA, if you have one, and file a complaint against these folks there as well. Most HOA's meet monthly, so make sure you've got documentation like police reports, video tape the incident(s) with day/time stamp (most digital camcorders have this feature), and your other neighbors.

It also sounds like a good time to make a neighborhood watch.


The best part is you've got your CCW, so when the police show up and ask for your ID you show them your CCW card as well. This shows the officer you're not the typical neighborhood jerk and puts the spotlight on your goofy neighbors.




Kris

KingTiger
June 19, 2009, 11:07 AM
Atlanta Area of Clayton County

This does all the explaining you need to do. :eek:

I like E. Cobb county. ;)

DHJenkins
June 19, 2009, 11:08 AM
Next time it happens, get your lawn chair, face it towards them and videotape them.

They'll more than likely do something stupid like threaten you, expose themselves or tresspass.

The key is - don't say a word. Just sit & film.

duckman007
June 19, 2009, 11:09 AM
Sharpshooter74
I'm very familiar with Clayton County and know exactly what you're talking about. Clayton has one of the most diverse racial compositions in the country. Unfortunately, it seems that the races collectively decided to dump those who represented their race in a negative manner into Clayton. White, African, Hispanic, Asian, doesn't matter, anyone who can be considered scum seems to flock to the area. I have friends and business in the area, so I'm there often. Move out! Your neighbors are only a small part of the equation, there are so many other pressing reasons to get out of the area. While some small parts of the county are still nice, I would never consider going through Clayton unarmed. Never! This is literally one of the worst crime areas in the state, if not the country. And the worst part is that they flaunt it!

One other thing, anyone who is familiar with Clayton will know that what would be good suggestion in a civilized area, just won't work in Clayton. MOVE OUT! It's the only thing you can do.

yeti
June 19, 2009, 11:19 AM
I guess I have no choice but to refrain from doing anything stupid.


Always the best course of action.

Yo Mama
June 19, 2009, 11:39 AM
I have refrain from doing such a thing because I don't want to lose my gun rights.

Welcome to responsibility.

What's wrong with your neighbors though. They just don't like you, or something happened?

Hammer21B
June 19, 2009, 12:15 PM
sharpshooter, I've been through the same deal (actually a little worse, my neighbors wanted to come on the property and pee in the mailbox at 1 am).

Put a rattlesnake in the mailbox! That'll stop em! "what'd the doctor say?"
"Doctor says you're gunna die!"

hardluk1
June 19, 2009, 12:21 PM
Talk to the law in your area and ask what recourse you have if asulted with just fist. You know just a good ole ass whippen. Most states will take you to jail if you pull that gun for over a fist figh. Now if a pipe or bat?? bang. Be safe ,lossen your rights is the least of your concerns. Assault with a diedly weapon, murder, just of a couple things that come to mind.

mgkdrgn
June 19, 2009, 01:22 PM
I guess I have no choice but to refrain from doing anything stupid.

That is pretty much a good policy no matter what the situation is.

jim in Anchorage
June 19, 2009, 04:10 PM
Next time it happens, get your lawn chair, face it towards them and videotape them.

They'll more than likely do something stupid like threaten you, expose themselves or tresspass.

The key is - don't say a word. Just sit & film

Winner.

DHJenkins
June 19, 2009, 04:48 PM
I forgot to add, when you're filming and looking through the camera, it's actually very easy to ignore what they're saying/doing because it's like you're watching it on a TV.

It's why most cameramen seem so removed from the situation they're filming; it just doesn't seem realistic, as strange as that sounds.

danbrew
June 19, 2009, 05:12 PM
I've got neighbors that like to start **** with me on my own yard. They just talk so much ****, that I just want to walk up to them and knock them out. I've called the cops on them a couple of times, but it's to no avail because no real crime was committed. I have refrain from doing such a thing because I don't want to lose my gun rights. But if they do try to put their hands on me, damn straight I'm going to defend myself.

Hey, sharpshooter, you're a big fat baby and a pansy and you like wearing dresses! And my dad can kick your dad's butt. :scrutiny:

heh, just kidding. if you get upset by somebody running their mouth, you gotta learn to chill. i can just see the loudmouth next door saying to the judge "your honor, i was just asking him how his mother was. i knew she had been ill. and he attacked me and knocked out my last two teeth". of course you'll know he was basically telling you to go f' yourself and yo' mamma ad all that. but when he has six guys standing up all saying the same thing and all you can tell the judge is "i didn't like what he said"...

well, you're screwed.

not only can you lose your ability to own firearms you can get your ass locked up if you get into an altercation with somebody. much easier to ignore on this side of the keyboard, i know.

:)

TexasRifleman
June 19, 2009, 05:54 PM
I might as well move out. I've been here long enough. I give up.


There are times when that's best, even though it seems like giving up.

Sad to say but it's often true.

hso
June 19, 2009, 05:59 PM
Humans have adapted throughout time. We adapt to our environment or adapt our environment. If things get bad enough we migrated to a better environment that is easier to adapt or adapt to. No loosing or winning, just natural selection.

chris in va
June 19, 2009, 06:22 PM
If you can't move right away, get a camcorder and tape their antics.

GRAYRID3R
June 19, 2009, 06:33 PM
I guess I'm getting old, I WISH I could pee in a mailbox! What are these guys like 8 ft. tall?:what:

SCKimberFan
June 19, 2009, 06:42 PM
I might as well move out. I've been here long enough. I give up.

Giving up, not really. Just removing yourself from a potentially dangerous situation that could result in a loss of rights & privileges (as well as bodily harm). Probably the smartest thing to do.

41magsnub
June 19, 2009, 06:47 PM
As more ammo.. messing with a mailbox is a Federal offense.

https://postalinspectors.uspis.gov/radDocs/tipvandl.htm

Mailboxes are considered federal property, and federal law (Title 18, United States Code, Section 1705), makes it a crime to vandalize them (or to injure, deface or destroy any mail deposited in them). Violators can be fined up to $250,000, or imprisoned for up to three years, for each act of vandalism.

the foot
June 19, 2009, 07:11 PM
Sharpshooter, get out of Clayton County man!

You know the government and cop situation there, I'm sure. You would not get a fair shake no matter what goes down.

mgkdrgn
June 19, 2009, 09:39 PM
I guess I'm getting old, I WISH I could pee in a mailbox! What are these guys like 8 ft. tall?:what:

mebbe time for an "electric" mailbox? :evil:

catfish101
June 19, 2009, 09:54 PM
If they are in Kentucky and they try to set your stuff on fire then it is a legal "deadly" force situation. In your case shooting one of them would not fix anything. Sounds like you should try to move. Hey move to KY.

Glockman17366
June 19, 2009, 10:03 PM
You've got to leave the testosterone behind and learn to ignore other people's BS. That's part of the discipline of carrying a sidearm.

If may well go against your grain...and you may consider it "unmanly", but if you get into a physical altercation and you are charged with assault, it's highly likely you would lose your carry permit.

As you mature (grow older), you learn this anyway You also learn bruises don't heal as fast.

So, you want to keep your permit...ignore your neighbors' crap.

JWF III
June 19, 2009, 10:49 PM
Clayton County? That explains a lot.

As others have said, a felony conviction will cause you to lose your rights.

With that said, I'll add this piece of non-advice. A friend of mine whopped up on someone in his (my friends) yard. The other was admitted to the hospital for several days. The police were called on my friend. They talked with him, no arrest was made. A civil suit was filed against my friend, and his parents (in HS at the time) in turn filed a counter-suit. The primary suit was thown out with out even being heard. The counter suit won in court. Judge said (parafrased) that the incident happened on my friend's (parents) property, the other person was the aggressor, and at fault.

Now as I said, this is not advice. Legal or otherwise. Just a fact of something that happened in Gwinnett County in the early 90s. Each officer and judge may see things differently. My friend may have gotten lucky.

I would avoid any incident if at all possible. And definently don't cross onto their property, or do anything that could be seen as provocation. But if they attack you on your property, do as you see fit, but I wouldn't back down.

Wyman

ETA-Clayton has one of the most diverse racial compositions in the country. Unfortunately, it seems that the races collectively decided to dump those who represented their race in a negative manner into Clayton. White, African, Hispanic, Asian, doesn't matter, anyone who can be considered scum seems to flock to the area.

duckman- you just described at least 75% of metro Atlanta, and 50% of ITP Atlanta.

springmom
June 19, 2009, 11:50 PM
Grow a thicker skin and get a better apartment. It may sound easy for us to say, but it is nonetheless true.

If you are going to carry a gun you MUST have enough self control not to rise to the bait when somebody pulls your chain. The old adage about "sticks and stones" may be childish, but nonetheless true. Who *cares* what they say? If you do, why do you? Do these people's opinions of you actually matter to you?

Stay safe, above all.

Jan

offthepaper
June 20, 2009, 09:38 AM
my neighbors wanted to come on the property and pee in the mailbox at 1 am

I vote for a badger in the mailbox. Man, that would be something to watch. A PO'd badger getting woke up by being pi$$ed on, only to awaken to find there's "something" to grab onto.:evil::evil:

You could almost sell tickets to that one, especially since you know when "showtime" begins.

1858rem
June 20, 2009, 09:51 AM
im a little confused, this is a gun board but in the OP i thought he meant giving them a physical beatdown not shooting a trespasser...


so do you still loose your privileges if you just kick there @$$ for trespassing/vandalism

doc2rn
June 20, 2009, 09:57 AM
I too would vote for electric mailbox!
Ever see what happens to a youngin that pees on an electric fence!

Doggy Daddy
June 20, 2009, 01:09 PM
I vote for a badger in the mailbox.

Apparently you've seen The Salton Sea. Ya gotta love Captain Steubing! :D

DD

Shovelhead
June 20, 2009, 01:14 PM
................

Shovelhead
June 20, 2009, 01:27 PM
Don't even let them know you own a firearm.
Avoid ANY confrontation at all costs while Armed-Up.
Evidence of their activities toward you/against you is your friend.
Get a DVR with infrared cameras, aim one toward your mail box, and another toward your backyard.

In my case, I'm a homeowner and the property next door was rented to four 20-something white males who apparently decided this must be the set of the movie Animal House.

Their drunken parties 'bout every other weekend usually last until 3 or 4 AM.
Plan 1.....FAIL
Got tired of going over there every time to ask them to turn it down only to have the music cranked back up 10 minutes later.

Plan 2.....FAIL
Local Fuzz can no longer enforce a "noise curfew" ordinance as the county board passed a db level threshold to define "Disturbing the Peace."
Only problem is they DON'T issue the patrol officers db meters so they are not allowed to cite anyone.
Dingbats next door figured this one out pretty quick.

Plan 3(always have another one in reserve.......... ;) )
Started calling their landlord every time the party got out of hand, or ran outside past 11:00.
(figured if I couldn't sleep,....neither would he)

To make a loooong story short........their move out date is June 30. :neener:


Don't give up, just come up with a better PLAN.

KelVarnson
June 20, 2009, 06:33 PM
Shovelhead has the best post yet. The infrared cameras are very cool, they can see in the dark and the perps don't even know they're being recorded.

Calling the landlord and waking them up is EXCELLENT advice, I have done this with great success on several occasions in my apartment-dense neighborhood. I own a house that has apartment buildings on three sides of it, and the landlords have all learned that I will do an end-run around their property managers, and not allow them to detach themselves from their properties. Generally, their contact information is available through county records, and if it is not, you can usually get it from one of the other tenants that you may be friendly with.

I know you want to kick some butt, I am very familiar with that feeling. But for the same price as 2 or 3 hours with a good defense attorney, you can buy the hardware and software you need to keep yourself out of jail and retain your gun rights.

Good luck!

Leanwolf
June 21, 2009, 12:57 AM
SHARPSHOOTER 74 - "I might as well move out. I've been here long enough. I give up."


You're not "giving up." Moving to another location merely means you are being realistic, considering your present environment and neighborhood.

You're just being wise!

L.W.

shiftyer1
June 21, 2009, 01:53 AM
3 or 4 months ago I moved into a new place because I liked it not because of neighbors (mostly). Not until I moved did I really realize how sick of the unsafe neighborhood I was living in I was. Towards the end there were folks with guns in the street and I was in the house armed and waiting for something to happen. I'm not the type to call the police due my misspent youth. Next door I had drunk, strung out white trash next door. And dealers across the street. When you finally decide to move out it's a relief you never knew you needed.

mgkdrgn
June 21, 2009, 10:31 AM
Plan 2.....FAIL
Local Fuzz can no longer enforce a "noise curfew" ordinance as the county board passed a db level threshold to define "Disturbing the Peace."
Only problem is they DON'T issue the patrol officers db meters so they are not allowed to cite anyone.
Dingbats next door figured this one out pretty quick.


THAT type of bulls**t you =really- don't have to put up with from your elected officials. Time for the "county board" to do it's da** job, or to get a new county board. They are there to serve YOU, not the other way round.

Plan 3(always have another one in reserve.......... ;) )
Started calling their landlord every time the party got out of hand, or ran outside past 11:00.
(figured if I couldn't sleep,....neither would he)

To make a loooong story short........their move out date is June 30. :neener:


Ah yes, the "spreading the joy" plan. Usually a winner!

SHvar
June 21, 2009, 01:19 PM
You can lose your CCW for being charged with a misdemeanor (especially if it involves or can involve probation). They can take the CCW if you are in any altercation involving the police, then its up to you to go to court to prove that you should get it back.
By the way, get video tape from your property of the neighbors behavior, but make sure that you are not participating in any way, if you so much as egg them on you are part of the problem, then present the evidence to the police, if it does no good then post the videos all over the internet with their real names, addresses. Its been done many times.

NC-Mike
August 25, 2009, 11:13 PM
If you can afford to move to a better neighborhood, don't waste time even thinking about it.

Go!





Geez...

Excuse the bump on this old thread. I followed a link to this thread from another post, started reading it and forgot how I got here.

leadcounsel
August 26, 2009, 12:39 AM
MOVE! ASAP! Break your lease, pay penalties, work 3 jobs... but MOVE!

Buy a house in a nice rural or suburban neighborhood where your neighbors are respectful and quiet.

Rough neighborhoods mean fights, breakins, vandalism, cops, drugs, thugs, noise, shootings, stabbings, etc. Sooner or later it's your turn. If you upset the wrong people, the people that REALLY don't care about cops, jail, criminal record, etc, they will make your life really miserable - dead pets, vandalized car, arson, burglary, etc.

I lived next to a wacko that really made my life miserable. It taught me a huge lesson. If it's bad enough, MOVE!

Do whatever it takes to lawfully get the F outta D and make a better life for yourself.

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