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Thread: SCGa Justices on the Second Amendment, Carrying Guns in Public, and Felons.

  1. #1
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    SCGa Justices on the Second Amendment, Carrying Guns in Public, and Felons.

    Hertz v. Bennett (Ga. Sup. Ct. Nov. 4, 2013) rejects a Second Amendment objection to the denial of a concealed carry license. [ ... ] Thatís not terribly noteworthy, since all courts that have considered the issue have upheld even total prohibitions on gun possession by people who had committed violent crimes. Hertz was not actually a convicted felon, because following his no contest plea the court had withheld adjudication, something done for first offenders in various jurisdictions. But Hertz had pled no contest to the felony charges, and the court said that this was sufficient to forfeit his right to carry guns.

    But the concurrence of three of the seven Justices (Blackwell, joined by Hines and Nahmias) strikes me as more unusual and therefore interesting, both as to its view on the right to carry guns in public (a matter on which courts are split) and on the constitutional rights of felons with less serious criminal records: http://www.volokh.com/2013/11/04/geo...public-felons/
    http://www.gasupreme.us/sc-op/pdf/s13a1288.pdf 19 pages 95 KB
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    Interesting. I have two felonies that I plead NC to, both courts withheld adjudication. As per the laws that govern this sort of thing, I waited ten years after completing probation and was issued CHL.

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    It should be noted that both charges were in no way shape or form, of a violent nature. So it is a bit different. Its also the most likely reason I have to wait a couple days before purchasing a firearm from a dealer.

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