Is this right?

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FTF

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Can they define 'felony' this way? The way it looks, if you have a crime punishable by up to one year, not one year or more, you can be convicted as a felon in possession and do a year mandatory? But you are not denied buying a firearm in the state by the govt unless it's punishable by more than one year.

Maybe I'm reading too much into it. I saw this a looonngg time ago and just thought about it again. Seems kinda odd for those with up to a year sentences for ordinary misdmeanors like dui or whatever.

Georgia code 16-11-131.

(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.

(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.

I think it's weird they have that definition of felony, and apply it so liberally.
 
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Can they define 'felony' this way?

They are the authority. They can do that -yes.
 
This would be unjust and a trap for gun owners if the law also allowed misdemeanors to be referred to as such yet to carry a sentence of as much as a year. That would remove any distinction in effect on rights between felony and misdemeanor.

It's all ironic, since a free man, whether felon or not, deserves to be able to defend himself legally.
 
That's more or leass how its defined here in NY as well (Too lazy to look up the correct statute), and many other states as well.

In other words, the potential is part of the definition of the crime:

1 year or less = misdemeanor
more than 1 year = felony

Obviously, there's more to it (thevarious definitions of different crimes), but that's the "fast and dirty" way to tell the difference.
 
[/quote]1 year or less = misdemeanor
more than 1 year = felony[/q]

But they define felony for the purposes of felon in posession as one year or more. So, if your potential crime was punishable by up to one year.. then it's a felony according to Georgia?

So, you can BUY a gun, since the 4473 says MORE than one year... but once you pick up the gun, you're a felon in possession since they define it as ONE YEAR or more...

See what I'm getting at? I think it's some kind of mistake. I'm sure GA has minor crimes classified as misdemeanors that could potentially land you for a year in jail. You could still buy a gun according to Fed law, but you're illegal according to GA? Felony isn't defined in any other section... including the section on CCW. Oh well.
 
1 year or less = misdemeanor
more than 1 year = felony

But they define felony for the purposes of felon in posession as one year or more. So, if your potential crime was punishable by up to one year.. then it's a felony according to Georgia?

So, you can BUY a gun, since the 4473 says MORE than one year... but once you pick up the gun, you're a felon in possession since they define it as ONE YEAR or more...

See what I'm getting at? I think it's some kind of mistake. I'm sure GA has minor crimes classified as misdemeanors that could potentially land you for a year in jail. You could still buy a gun according to Fed law, but you're illegal according to GA? Felony isn't defined in any other section... including the section on CCW. Oh well.
 
"The way it looks, if you have a crime punishable by up to one year"

I don't see that in there anywhere.

"(1) 'Felony' means any offense punishable by imprisonment for a term of one year or more"

Where is 'up to' a year mentioned? A year or more.

I thought 'one year or more' was a pretty widely used definition of felony. But what do I know, I don't have any convictions. Criminal convictions that is.

John
 
GCA says one is prohibited if he has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year.

Georgia says 'Felony' means any offense punishable by imprisonment for a term of one year or more

I thought a misdemeanor is a crime for which the punishment is usually a fine and/or up to one year in a jail.

It's the part if your max is exactly one year. It's ok by the govt, but not OK per this law? Perhaps it's just semantics

I'm not in any trouble lol... it's an argument I had a while back and it was never resolved read: I was not proven right yet lol.
 
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