# Gun legal problems! HELP!



## AbnormalEKG (Mar 21, 2014)

So, I have a major problem, and need any help I can get! I have been charged with Possession of a sawed off shotgun. Im out of work right now, and because of a lack of funds, I'm stuck using a public defender who says the best he can do for me is a 10 year sentence, serving 2 of that in prison.

Did I have a sawed off shotgun? Yes. Was it illegal? According to the ATF, no. According to the Lamar County Sheriff's Office, and the Lamar County District Attorney's Office, yes.
The shotgun was an old 10 gauge, break action, single shot goose gun. The trigger assembly on it is broken, and the gun hasn't worked in years. I had painted it and put a nice camo pattern on it, and it was a wall-hanging conversation piece. At the time that we cut the barrel on it, I was actually going to make an attempt to fix it, and make it work again. The gun had burned in a house fire, and I had sand blasted it, painted it, and was trying to make it look good. Upon trying to fix it, I found that you can't find parts for it to fix it, which is when it became a wall hanger. 
When I decided to cut the barrel down to 18", I actually made several phone calls to the ATF offices in Atlanta, and in Macon. Agents that I spoke with at both locations asked very specifically what type of shotgun it was for measuring purposes, and I told them, single shot, break action 10 gauge. I was told then by both agents, and have since checked myself on the ATF website and verified what they told me; both agents, and the website said that to properly measure the barrel of a single shot, break action, that the gun is to be unloaded, and a wooden dowel rod, 18" long should be dropped down the muzzle, and allowed to contact the breech face. From breech face to muzzle had to be at least 18". With that information in hand, I measured it exactly that way, and cut the barrel at 18 1/4".
In the process of moving from my old house to my new one, I got pulled over for a brake light being out, and had the shotgun in the vehicle with me. The deputy measured it from the end of the chamber to the end of the muzzle, and locked me up for an illegal shotgun.
I explained all this to the public defender, and he says that  "it doesn't matter what the ATF says, because that's federal law, and Georgia law is different". Well, I've got a brother that is a Lieutenant with another local sheriff's office, and I called and had him look up Georgia law on a sawed off shotgun. The laws are identical with one exception.... Federal law tells you how to measure it, and Georgia law does not. Federal law show a picture and definition of a shotgun barrel, and Georgia law does not. 
Either way, basically this lawyer is telling me that the best he can do for me is to get me a 10 year sentence, and serve two of that in prison, making me a convicted felon.
So, since I know I'm right, and this lawyer is telling me that I cannot use the information in court as an argument to prove that I am right, I don't know what to do, and I'm kind of freaking out here. Anyone here who has any real advice on what to do, or how to get some other legal assistance, etc....I'm all ears. Any help here is greatly appreciated.


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## lagrangedave (Mar 21, 2014)

Are you a member of NRA? Can you make payments to a lawyer? Who signed your bond?


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## LittleDrummerBoy (Mar 21, 2014)

Take it to trial.  You should get to explain your reasoning and your efforts to confirm it was legal to a jury.  The prosecutor knows he will lose, look like a fool, and never get elected again in that county.  

I expect the charges will be dropped, but even if the prosecutor persists, you have a good chance at trial.

Demonstrating that degree of anti-gun attitude will not bode well for any elected officials.  They know a trial will expose them for the gun grabbers that they are.  Unless you have prior convictions, you should do OK at trial.


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## gobbleinwoods (Mar 21, 2014)

Contact the aTF and tell them or have the PDefender do so that you will or are going to subpoena them unless they call the DA and explain the law by their interpretation.

What county by the way?


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## Bpruitt (Mar 21, 2014)

I'd go to trial without a lawyer if that's all I could do but I know people that have paid attorneys in payments,they postpone the case till they get paid.If you lawyer up they will start dealing on charges in a big way if it's not a slam dunk.They don't want trial losses on their prosecution record,they would rather reduce the charges or even drop them if it's not a rock solid case.


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## specialk (Mar 21, 2014)

post this over in the firearm section....you'll get some good answers....smart folks over there when it comes to guns.....


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## rayjay (Mar 21, 2014)

You CAN'T afford a decent lawyer but you CAN afford to be locked up for 2 + years ????

On a break action all you have to do is measure the bbl with the action broke open. If it's over 18 you are good. 

Part 2. If the gun is non functional is it really a gun ? These are things a real lawyer would be able to discuss with the DA BEFORE going to trial.

You CANNOT afford to use the public defender. Has he even examined the gun ?


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## Bpruitt (Mar 21, 2014)

Was it under 26" overall?


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## skiff23 (Mar 21, 2014)

Better get away from the public defender. If I am not mistaken they get paid  $ 50 for a guilty plea and $ 500 for a trial. They do not like the trial. They are not real defenders because the real defenders get [aid based on how good they are. Public Defenders are the same as Obamacare doctors, everybody is worth the same amount , WRONG ! Better get you some money for a lawyer or get some Soap On A Rope !


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## T-N-T (Mar 21, 2014)

Your public defender is a Joke.  He is not knowledgeable on gun laws or doesnt like them or something of the sort.  Go and get a FREE consultation by a good well know defense attorney...  Then find out how much it will cost you.  I would sell my car before I lost my gun rights due to a felony charge that should not stand up.


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## 7Mag Hunter (Mar 21, 2014)

Time to find a GOOD lawyer....Public Defenders dont want to and
can't spend much time helping you and will do what the District
Attorney wants to do to move the case thru the court system FAST..

3-5K for a Lawyer will be better than 2 yrs in jail and convicted felon.


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## AbnormalEKG (Mar 21, 2014)

Unfortunately, no, I'm not a member of the NRA, or I'd have already been on the phone with them. Yes the overall length is more than 26". I am taking it to trial. Pre-trial date is set for April 10, and trial date for April 28. Everybody is saying I need to get a good lawyer..... I KNOW! The problem is, I'm broke as a joke, out of work right now, and don't own much that's worth enough to sell to get money, got an ol' lady, and 3 kids with a 4th on the way, so I really simply cant afford a good lawyer, and don't think any of them are going to take payments with me not currently working. If I could afford it, or had enough assets to sell to come up with the money, I'd already be well on my way to getting a good lawyer.


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## LittleDrummerBoy (Mar 21, 2014)

Here's the ATF document describing measuring techniques:

http://www.atf.gov/files/publications/download/p/atf-p-5320-8/atf-p-5320-8-chapter-2.pdf


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## wildlands (Mar 21, 2014)

A good lawyer will see that they are wrong and take it to court. Then when you win they should sue the county for their fees. Can not hurt to ask one to see what they say. Better to try now than deal with 2-10 in jail.


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## The Longhunter (Mar 21, 2014)

The deputy was wrong, your attorney is wrong.  

Not only is your attorney wrong, but he is lazy.  The Georgia Court of Appeals has specifically approved using the BATF method of measuring a shotgun barrel, and approved putting those standards into evidence.  BTW, I obtained that information in less than 5 minutes.  Lazy and incompetent, not really a confidence inspiring mixture, is it.

I don't know what information you expect to get from this forum that's going to help you, you need a new attorney.  Time is awasting.  You need to scrape up the money for a real attorney, because complaining on this forum isn't going to do you a whole lot of good.

By the way, it doesn't matter that its inoperable unless it has been made so that it can't be made operable (barrel welded shut, action cut and so on).


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## LittleDrummerBoy (Mar 21, 2014)

wildlands said:


> A good lawyer will see that they are wrong and take it to court. Then when you win they should sue the county for their fees. Can not hurt to ask one to see what they say. Better to try now than deal with 2-10 in jail.



This is a good point. Since the real issue is a question of law rather than of fact, if the law is ambiguous or the widespread convention is to measure from the breech face, there probably was never probable cause for the arrest.  You may have a good case just for attorney fees, but also for other losses related to the arrest and prosecution.  

Shop this to some aggressive attorneys who might settle for fees after the fact and a cut from the civil case afterwards.


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## T-N-T (Mar 21, 2014)

LittleDrummerBoy said:


> This is a good point. Since the real issue is a question of law rather than of fact, if the law is ambiguous or the widespread convention is to measure from the breech face, there probably was never probable cause for the arrest.  You may have a good case just for attorney fees, but also for other losses related to the arrest and prosecution.
> 
> Shop this to some aggressive attorneys who might settle for fees after the fact and a cut from the civil case afterwards.



Im not a sue happy kind of guy,  BUT if there is a cut and dry you are right and they are wrong...  An attorney will have a field day with this.  Go get a free consult or two.  They are free.  almost all defense lawyers will sit down for 5 minutes free.  Ask me how I know.


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## zedex (Mar 22, 2014)

All great advice, for sure. Here are a few other things you should do.

 Go to the website provided a few posts above and copy/print that info. Then, get the info that the cops say is the correct way to measure. You will show conflicting techniques, if any.

 Present this to your PD. But, as with most PDs, facts are irrelevant. So, if your PD refuses to use facts and do his job, wait until your court date and fire him in front of everyone. The judge will ask for your reason and you clearly state you have proof of your claims being law and the PD refuses it.

 If you can prove the gun is disabled and irreparable, then it is no longer a weapon.

 Now, once you are acquitted, keep in mind that you will still have an arrest for a weapons violation. Convicted or not, the arrest is still there. Now, you have to clean up that mess. Ask the judge at time of trial to order an expungement of the arrest. This removes the arrest from your criminal history to an extent. It will still be there for law enforcement to see, but not employers or credit investigators. The acquittal allows you to travel abroad without hassles, but the expungement sure makes things easier as it shows you were not found guilty and the arrest was made in mistake.

 Your final job will be to ask that the arresting agency teach their employees the PROPER way to measure weapons.

 As for the PD, you can contact the bar to lodge a complaint, too, based on his inability to do the job by presenting a proper argument based on facts-- and law.

BTW, I sent you a pm


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## GoldDot40 (Mar 22, 2014)

If you can find out who the judge is that will hear the case, make an appointment and go see him/her in person. The charge is serious, but bogus if what you say is true. The NRA website has a list of pro 2-A lawyers (by state) who offer discounts for NRA members. Not sure if you'd be able to see the list since you aren't a member. I'd think they might be willing to hear and/or help you. Let us know if you can't find that list and I for one will PM you some names.


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## The Longhunter (Mar 22, 2014)

Bassquatch said:


> If you can find out who the judge is that will hear the case, make an appointment and go see him/her in person. The charge is serious, but bogus if what you say is true. The NRA website has a list of pro 2-A lawyers (by state) who offer discounts for NRA members. Not sure if you'd be able to see the list since you aren't a member. I'd think they might be willing to hear and/or help you. Let us know if you can't find that list and I for one will PM you some names.



That's  not going to happen.  Don't even waste the time to make the phone call.


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## GoldDot40 (Mar 22, 2014)

The Longhunter said:


> That's  not going to happen.  Don't even waste the time to make the phone call.



What part isn't going to happen?


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## The Longhunter (Mar 22, 2014)

Bassquatch said:


> What part isn't going to happen?



Seeing the judge in person.


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## GoldDot40 (Mar 22, 2014)

The Longhunter said:


> Seeing the judge in person.



That may be true in extreme liberal occupied and operated Clarke county where you are, but these smaller counties....you'd be surprised. I've been to see 'the judge' in 2 different counties where I was charged with nonsense. Although neither was quite as serious is the OP's situation, one was almost as bad. Both times, the judge threw the cases out completely. I used the written law in my favor in these instances.

Won't hurt for him to at least attempt to go see the judge. Worst that could happen would that he get told NO. But he needs to hear it directly from the horse's mouth.


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## The Longhunter (Mar 22, 2014)

Bassquatch said:


> That may be true in extreme liberal occupied and operated Clarke county where you are, but these smaller counties....you'd be surprised. I've been to see 'the judge' in 2 different counties where I was charged with nonsense. Although neither was quite as serious is the OP's situation, one was almost as bad. Both times, the judge threw the cases out completely. I used the written law in my favor in these instances.
> 
> Won't hurt for him to at least attempt to go see the judge. Worst that could happen would that he get told NO. But he needs to hear it directly from the horse's mouth.



Sure.  Go for it.  It's a felony.  It's before a Superior Court judge, it's not exactly working a traffic ticket out with the local probate judge.  It's always good to try and contact the judge so your name stands out for him.

He's not going to hear squat from the horse's mouth, he will be lucky to hear from the judge's secretary.  

But like I say, go for it.  

OP has wasted plenty of time already, no sense in not wasting some more.


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## dawg2 (Mar 22, 2014)

rayjay said:


> You CAN'T afford a decent lawyer but you CAN afford to be locked up for 2 + years ????
> 
> On a break action all you have to do is measure the bbl with the action broke open. If it's over 18 you are good.
> 
> ...


In Blue: Functionality does not affect the definition of a gun.  It does not matter if it fires or not.


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## safebuilder (Mar 22, 2014)

*help*

There is an NRA Board of Directors member who is also an attorney from right in the area. I would be at his office Monday morning.


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## puddlehunter (Mar 22, 2014)

Dangle the unlawful arrest lawsuit to an attorney, you have a shot at it and the county will settle anyway.  Or have the at tiny use it as a bargaining chip to ensure the arrest is expunged.   Be ready they are going to hit you with another plea offer before trial..If all the facts are correct, I personally would not take any kind of plea,

Was the gun sitting in plain sight, how did the deputy see it, if it was a search, file a motion to suppress, if you haven't paid it already you can also attempt to get the stop thrown out as well, when you win the trial, sue the pants off of the sheriff and county, that is the only way you will ensure the deputies receive the proper training regarding firearms


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## GoldDot40 (Mar 22, 2014)

The Longhunter said:


> it's not exactly working a traffic ticket out with the local probate judge.



One of the instances I'm referring to in which I was involved was way beyond any traffic ticket. It was/would have been a felony charge. Took all my evidence to the judge and I never saw a court room. As I said, I used the law exactly as it was written which cleared me of any wrong doing whatsoever. I understand the officer that took me in got 'educated' on the matter. Happened in Jackson Co back in the late '90s.

Had I sat back and done nothing, my life would've been ruined. Which is why I advise the OP to do whatever he can. In the less populated counties, it could very well work out in his favor.

OR he could use a lawyer. I've already PMed him the names of a couple of pro 2A law offices in the state who hear criminal cases.


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## dick7.62 (Mar 22, 2014)

The Longhunter said:


> That's  not going to happen.  Don't even waste the time to make the phone call.



I had a relative charged with murder.  I called a superior court judge on the phone and talked to him.  This judge didn't handle my relatives case and it didn't do any good to talk to him but he did talk to me.  By the way my relative was acquitted by a jury in about 3 minutes.  They(the jury) were trying to send a message to our incompetent D.A.  Sounds a lot like his D.A. but it's a different county.


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## The Longhunter (Mar 23, 2014)

Bassquatch said:


> One of the instances I'm referring to in which I was involved was way beyond any traffic ticket. It was/would have been a felony charge. Took all my evidence to the judge and I never saw a court room. As I said, I used the law exactly as it was written which cleared me of any wrong doing whatsoever. I understand the officer that took me in got 'educated' on the matter. Happened in Jackson Co back in the late '90s.
> 
> Had I sat back and done nothing, my life would've been ruined. Which is why I advise the OP to do whatever he can. In the less populated counties, it could very well work out in his favor.
> 
> OR he could use a lawyer. I've already PMed him the names of a couple of pro 2A law offices in the state who hear criminal cases.





dick7.62 said:


> I had a relative charged with murder.  I called a superior court judge on the phone and talked to him.  This judge didn't handle my relatives case and it didn't do any good to talk to him but he did talk to me.  By the way my relative was acquitted by a jury in about 3 minutes.  They(the jury) were trying to send a message to our incompetent D.A.  Sounds a lot like his D.A. but it's a different county.




Well, I'm convinced, y'all are right, I'm wrong.  OP should call first thing Monday morning wanting to talk to the judge, and call at least once a day until his trial date.  

Then he gets an opportunity to talk to the judge all he wants to.


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## T-N-T (Mar 23, 2014)

The Longhunter said:


> Well, I'm convinced, y'all are right, I'm wrong.  OP should call first thing Monday morning wanting to talk to the judge, and call at least once a day until his trial date.
> 
> Then he gets an opportunity to talk to the judge all he wants to.



Dont pout.  Just accept there are other opinions.  
In my county, I could walk in a see the judge dang near and day he was in his office.  I have done it.  Just to ask what office to get my Carry License paperwork started...  
Things like this make me glad I live in the sticks and not the city.
I bet if I were pulled with said gun,  the county cops would remark about how I had ruined a good gun by cutting it.  And that they wouldnt have done it that way.
Seriously,  Go talk to people.  But do it with paperwork in hand.  Websites to reference and so on.  Dont just have your words as proof.  Put together a folder of everything involved just like a lawyer would.  
And maybe most importantly, look professional and clean cut when doing it.


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## GunnSmokeer (Mar 23, 2014)

*get a lawyer*

A guy charged with a sawed-off shotgun felony needs a lawyer.

Even if measuring the barrel with a ruler will show the result is over 18 inches, let me ask you this?

Who will bring the ruler to court?

Will the ruler be a scientific instrument, wielded by an "expert witness" with training on the use of rulers?

Are the numbers on the ruler "hearsay" and inadmissible?

I personally witnessed a prosecutor measure a knife blade in court with a regular 99-cent ruler, argue that the blade was ___ inches long, and later try to send the ruler back with the jury as demonstrative evidence or a visual aid.

Judge ruled:   Lawyers can't measure anything or offer testimony. So the blade was never legally measured in court, and the length of it is undetermined.

(keep in mind that in some cases, having something "undetermined" means the State loses, because they can't prove a necessary element of the offense. Other times, it might be something the defense wants to prove. But if the State is alleging a too-short shotgun barrel, it's their job to prove it. If they don't bring the right measuring tools and have the right kind of witness do the measuring, they will lose.)

P.S.   We know THE FEDS, per B.A.T.F. count a shotgun's chamber as part of the barrel if it is indeed part of the same tube as the barrel (in other words, not a revolving cylinder shotgun like a Street Sweeper  / Striker 12).  But do we know if the STATE OF GEORGIA has such an official policy?
Is that part of the Rules for the GBI crime lab (firearms and ballistics technology branch)? Is the procedure for measuring a gun barrel IN GEORGIA set forth in any official document or policy, anywhere?

If not, COULD the State argue that the "barrel" starts forward of the chamber, and only the part of the "barrel" that has the bullet or shot payload sliding across it should count as the "barrel" measurement?  That could mean a 3" difference in what's legal or illegal, since shotgun shells (especially 10 gauge ones!) are so long, physically.

I'd want to have an expert witness for the defense lined-up to testify, to explain that in the firearms industry, a barrel has a chamber in it, and the chamber is always considered part of the barrel, and that barrels for rifles or shotguns are measured from the muzzle to the rear end of the chamber.  That's not just because BATF says that's how federal laws work, but ALSO because it's just industry standard practice and procedure. 

AS A PRACTICAL MATTER, any decent lawyer ought to get this dismissed well in advance of any trial, unless the prosecutor has a personal vendetta against you and is engaging in malicious prosecution, for either personal reasons or maybe to get some political benefit down the line.


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## GunnSmokeer (Mar 23, 2014)

*judge shouldn't hear your side*

P.S.   Judges are not supposed to hear anything about the substance or "merits" of the matter in a private communication from either the defendant or the State. Parties to a case should only call the judge's office to confirm court dates and times, and administrative matters like that.

If you want the judge to rule as a matter of law that the state simply CANNOT legally convict you, and they have ZERO chance of obtaining legally-admissible evidence to prove it at your upcoming trial, you need to make a "MOTION" to that effect (it might also be called a General Demurrer).
Such a motion or pleading isn't a private "ex-parte" communication. It's a public document filed with the court, copy to the trial judge, copy to the DA's office. It invites the DA's office to respond, and the judge will not rule until both sides have been heard from on that matter.

Generally, though, people don't have  a "right" to prove their innocence before a trial.  A trial IS the procedure by which key facts are proven, or go unproven, so as to make a final determination about criminal liability from some incident.

If the State gets their chance to TRY to prove somebody guilty, and they fail (GBI crime lab gun expert says this gun's barrel is 18.14" long; or in some other case the GBI forensic chemist says that the green leafy substance was oregano, not marijuana) then the defense moves for a directed verdict of acquittal, without even having to put up any defense evidence.


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## GunnSmokeer (Mar 23, 2014)

*The   definitive  answer*

Okay, now that I re-read the O.P. and realize that you already tried to convince your lawyer, and you made all the right arguments, and the Sheriff and the DA's office are sticking by their retarded position that it's proper to deduct the dimensions of the chamber part of the barrel from the "barrel length" measurement, here's what you should do:

Tell your Public Defender to contact the following EXPERT WITNESS, who worked for the GBI as a forensic firearms examiner and ballistics expert for 10 years before going into private practice as a consultant:

Chris Robinson, of Sharpsburg, Georgia.  
P.M. me for his work number (which rolls over to his cell number after hours and on weekends).

I attended a criminal defense lawyers' seminar in 2012 where he gave a presentation on "firearms evidence." He's a very smart guy with tons of experience and credentials as an expert.   He's the kind of expert witness that a defense lawyer needs to hire and bring-in on the defense side of a case when the key evidence involves how a gun works or what a bullets do or how to match bullets or shell cases to a particular gun. 

I just got off the phone with him, and he's totally familiar with the NFA act, the ATF's federal standards for measuring weapons, and he says that he has copies of GBI training and procedure manuals that require the GBI experts to use the same kind of procedures to measure their gun barrels for prosecution in Georgia courts when Georgia laws are at issue.


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## GoldDot40 (Mar 23, 2014)

GunnSmokeer said:


> Okay, now that I re-read the O.P. and realize that you already tried to convince your lawyer, and you made all the right arguments, and the Sheriff and the DA's office are sticking by their retarded position that it's proper to deduct the dimensions of the chamber part of the barrel from the "barrel length" measurement, here's what you should do:
> 
> Tell your Public Defender to contact the following EXPERT WITNESS, who worked for the GBI as a forensic firearms examiner and ballistics expert for 10 years before going into private practice as a consultant:
> 
> ...


This appears to be the most sound advice yet.

The only problem you 'might' face in taking MY advice is that the DA, public defender, Sheriff, police chief, warden, and judge probably all play golf together on the weekends. That's the 'other side' of playing small town politics. Whatever route you decide, best of luck.


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## The Longhunter (Mar 23, 2014)

GunnSmokeer said:


> P.S.   Judges are not supposed to hear anything about the substance or "merits" of the matter in a private communication from either the defendant or the State. Parties to a case should only call the judge's office to confirm court dates and times, and administrative matters like that.




I think you are wrong because of what I read on the Internet.


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## duckdawgdixie (Mar 23, 2014)

first, your not the first person to get a bogus gun charge in that county
second, go see Virgil Brown first thing tomorrow and if he wont help because of the money issue theres a couple of lawyers on gapacking that might help you in the hopes of seeing the sheriffs office get some good training

I can only assume if everything happened as you said they are still getting their training and misinformation on gun laws from that idiot at the Barnesville pd


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## duckdawgdixie (Mar 23, 2014)

also pm sent


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## jimbo4116 (Mar 24, 2014)

Has this been presented to and true billed by a grand jury?


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## dick7.62 (Mar 24, 2014)

The Longhunter said:


> Well, I'm convinced, y'all are right, I'm wrong.  OP should call first thing Monday morning wanting to talk to the judge, and call at least once a day until his trial date.
> 
> Then he gets an opportunity to talk to the judge all he wants to.



The point I was making, which I should have clarified, was that it was possible to talk to the judge, even though it probably would not do any good, just like in my case.  I wasn't calling about the facts of the  case, I had hired a lawyer for my relative and he wouldn't do anything.  The relative was in jail and couldn't do anything for himself and didn't want the public defender.  I ended up hiring another lawyer for him.  The first lawyer was having problems and voluntarily gave up his law license but not because of my relative's case.


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## The Longhunter (Mar 24, 2014)

jimbo4116 said:


> Has this been presented to and true billed by a grand jury?



See Post 12.  He has a trial date, so it's been presented and true billed.


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## The Longhunter (Mar 24, 2014)

dick7.62 said:


> The point I was making, which I should have clarified, was that it was possible to talk to the judge, even though it probably would not do any good, just like in my case.  I wasn't calling about the facts of the  case, I had hired a lawyer for my relative and he wouldn't do anything.  The relative was in jail and couldn't do anything for himself and didn't want the public defender.  I ended up hiring another lawyer for him.  The first lawyer was having problems and voluntarily gave up his law license but not because of my relative's case.





I understand that you are trying to help out, and I appreciate that.  It's just that so often for legal questions here, people offer try to offer simple solutions to complex questions, because they don't realize that the details DO matter, and that there are seldom global answers to legal questions.

Let's see what you said.



> I had a relative charged with murder. I called a superior court judge on the phone and talked to him. This judge didn't handle my relatives case and it didn't do any good to talk to him but he did talk to me.




Now let's compare that to the OP's position.

(a) The OP has been advised to talk to the judge WHO IS on the case.

(b) The OP DOES have an attorney, sorry though he may be.

These two circumstances take it entirely out of the situations presented by you and Bassquatch.  Regardless of what OP wants, the judge would be violating judicial and legal ethics to discuss a pending case (a) with a party who is to appear before him, without the other party (DA) before him also, and (b) discuss a REPRESENTED party's case with him without his lawyer being present.  Plus the second is automatic reversible error.

So no judge is going to risk his cushy, $150,000 a year job to chat up with the defendant.  

Yeah, there may be some judge some where that will talk to the OP, but it's not going to be the judge on his case.  If a judge does talk to him that judge isn't going to help because in fact it's a violation for another judge to contact the judge on the case, asking for consideration for the OP, and judges have been removed for exactly this conduct.


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## Fuzzy D Fellers (Mar 24, 2014)

The public defender, DA, and judge want you to plead out and get to the next case. They are not concerned for you. You are a # to them.  Get a real lawyer.


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## Big7 (Mar 25, 2014)

If it won't fire and can't be made to fire it's just wood and steel...


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## Gaducker (Mar 25, 2014)

safebuilder said:


> There is an NRA Board of Directors member who is also an attorney from right in the area. I would be at his office Monday morning.





With your NRA paperwork filled out and the first payment to the NRA in cash in hand.  Saying I dont know why I have never ponyed up to this great organization. with a big smile on your face.

Thats what I would do if I were in your shoes.


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## Luke0927 (Mar 25, 2014)

Don't waste time with the NRA you need to get on GApacking, or get a hold of GACarry dot org; and work something out with a lawyer ASAP.  Once your gun is proven legal I would be suing also...how did they find the gun, did you let them search your car?  He probably talked you into telling him exactly what he wanted to hear.  You have the right not to talk to them! Please keep us in loop on this.


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## GunnSmokeer (Mar 25, 2014)

AbnormalEKG said:


> ...According to the Lamar County Sheriff's Office, and the Lamar County District Attorney's Office, yes.
> ...
> ...The  [Lamar County] deputy measured it from the end of the chamber to the end of the muzzle, and locked me up for an illegal shotgun.
> I explained all this to the public defender, and he says that  "it doesn't matter what the ATF says, because that's federal law, and Georgia law is different". ..



SO the Lamar County Deputy says the the "chamber" of a gun barrel doesn't count as part of the barrel length measurement?

Does this Deputy know about all those 16.1 to 16.5" barreled carbines sold at gun stores and pawn shops all across Georgia.  Aren't there some such stores selling those kinds of rifles in Lamar Co.?  If the Sheriff's Office wants to subtract the chamber length from every one of those, each .22LR rifle with a 16.25" barrel will now have a only a 15.55" barrel after the chamber length of .7" is subtracted.

All those AR-pattern rifles in .223 caliber or 5.56mm?  Those use cases that are 1.75" long, so that means all those 16.5" barrels will really be legally considered 14.75" long for the purpose of bringing felony charges.

And shotguns !! ??? Don't get me started on those. They normally have a 3" chamber.  So if 18" is the bore-only-length not counting the chamber, the barrel has to be an actual 21" long to be a "legal" 18.0" in the bore area.

All those tactical and home-defense shotguns with 18.5" cylinder bore barrels that they sell at FFL dealers all across Georgia are jailbait, right?  Anybody who possesses one is looking at 10 years in prison, per this Deputy and his Sheriff and the local DA's office?  Is that what you're saying????


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## georgia357 (Mar 26, 2014)

This is from georgiapacking's website:

http://www.georgiapacking.org/law.php



"Possession of sawed-off shotgun or rifle, machine gun, silencer, or dangerous weapon: In Georgia, the definition of these items are...

    A sawed off shotgun means a shotgun or any weapon made from a shotgun whether by alteration, modification, or otherwise having one or more barrels (including the chamber) less than 18 inches in length or if such weapon as modified has an overall length of less than 26 inches."


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## GunnSmokeer (Mar 26, 2014)

*not quite*

that info you quoted from GeorgiaPacking.org is their plain English summary of the law, right?

The actual statutory law, as it appears word-for-word in the Code books (O.C.G.A. section 16-11-121, where the definition of "sawed off shotgun" is found) doesn't mention anything about the chamber.

It just says "barrel."  

You have to know how ATF and the GBI Crime Lab measure "barrels" to conclude (correctly) that when the chamber is an integral part of the barrel-- part of the same hunk of steel--- it counts as part of the barrel measurement.

But that Code section doesn't say so plainly.

Gun experts (gunsmiths, gun store owners) would know this.
ATF firearms examiners know this.
Apparently the Lamar Co. Sheriff's Office doesn't know it.


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## tree cutter 08 (Mar 27, 2014)

I'd be furious. Little deputy that made a case against you would be hunting himself a new job after the dust settles. No sense in causing a man this much greif. Where has common sense gone?


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## grizlbr (Mar 28, 2014)

*Seeing the judge*



The Longhunter said:


> Seeing the judge in person.


 Done it twice why cant  it happen? I did not call first just showed up, I busted a window on a bus, judge asked what did you bust it with? Left hand: stroke side. So some judges do have common sense. I got a real education at ATF pdf.


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## safebuilder (Apr 11, 2014)

Any body know how this turned out?


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## Throwback (Apr 12, 2014)

is that the only thing you were charged with? 




T


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## The Longhunter (Apr 13, 2014)

grizlbr said:


> Done it twice why cant  it happen? I did not call first just showed up, I busted a window on a bus, judge asked what did you bust it with? Left hand: stroke side. So some judges do have common sense. I got a real education at ATF pdf.



You know, y'all have really convinced me.

Instead of obtaining competent counsel who might get this felony charge to go away, OP needs to drop by his convenience at his  the chambers of the local Superior Court judge, and stay there until he gets a chance to have his say.

Of course, he's going to have to go to Jackson or Forsyth, but, hey, it's worth the time and trouble, and maybe he will let us know how it goes.

I mean, really, worse thing that can happen is that OP gets hung with a felony, loses gun rights for life, but at least he will get a chance to talk to the judge.


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## airwolf9090 (Apr 19, 2014)

I guess hes sitting in jail??


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## Luke0927 (Apr 19, 2014)

Either that or his lawyer said to hush on it till after trial...If it was the lawyer I'd hope he would tell us that was it.


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## cowhornedspike (Apr 19, 2014)

I'd bet there is a lot more to the story than we have heard so far.  Will be interesting to hear how it turns out.


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## AbnormalEKG (Apr 25, 2014)

So, just went to court on the 23rd, and got everything cleared up. I was still stuck with using the public defender, and I pretty much had to do all the work myself, but we got the DA to agree to go in personally and measure the barrel according to ATF procedures. Once he did, he had no choice but to drop the charges, when the barrel measured 18.5"! The only thing that has me upset at this point is that I asked that since I was falsely arrested, and the charges thrown out, I wanted them to remove the arrest from my record, and I was told that it can't be done. So, even though it's not a conviction, I'm permanently stuck with an arrest on my record for Possession of a Sawed off shotgun, and possession of a firearm during the commission of a felony (because I was carrying my sidearm while being in possession of a "sawed off shotgun".) Anybody here got any knowledge of whether what I was told is true or not? Id really like to have that removed from my record. That never looks good to any employer to see that when they send you for a background check, whether you have a legitimate excuse or not.


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## AbnormalEKG (Apr 25, 2014)

Here's a pic of the shotgun they tried charging me with. Just went and picked it up from the Sheriff's Office yesterday.


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## cowhornedspike (Apr 25, 2014)

AbnormalEKG said:


> So, just went to court on the 23rd, and got everything cleared up. I was still stuck with using the public defender, and I pretty much had to do all the work myself, but we got the DA to agree to go in personally and measure the barrel according to ATF procedures. Once he did, he had no choice but to drop the charges, when the barrel measured 18.5"! The only thing that has me upset at this point is that I asked that since I was falsely arrested, and the charges thrown out, I wanted them to remove the arrest from my record, and I was told that it can't be done. So, even though it's not a conviction, I'm permanently stuck with an arrest on my record for Possession of a Sawed off shotgun, and possession of a firearm during the commission of a felony (because I was carrying my sidearm while being in possession of a "sawed off shotgun".) Anybody here got any knowledge of whether what I was told is true or not? Id really like to have that removed from my record. That never looks good to any employer to see that when they send you for a background check, whether you have a legitimate excuse or not.




I know nothing about the law but I'd be looking into the possibility of a suit for false arrest and be happy to settle for having my record cleared.


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## smokey30725 (Apr 25, 2014)

I would contact the NRA. They have legal advice and may gladly take the case to expose more ignorance in law enforcement when it comes to firearm laws. I am not in favor of pointless lawsuits, but it seems this one might be warranted. Too many police officers are simply ignorant to what is legal and what is not. No doubt they saw a short barreled shotgun and immediately assumed it was sawed off beyond the legal limit.


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## AbnormalEKG (Apr 25, 2014)

cowhornedspike said:


> I know nothing about the law but I'd be looking into the possibility of a suit for false arrest and be happy to settle for having my record cleared.



Oh, I'm definitely filing suit for false arrest, and I'm going to ask for much more than just having my record cleared. I've been without a job for several months now, and been having a very hard time finding work because everywhere I applied wanted to do a background check, and the very first thing they saw was 2 pending felonies, and basically told me they couldn't or wouldn't hire me for that reason. I'm also going to ask in the suit, that every LEO in this county be required to go through proper training as to how to correctly measure a shotgun barrel, and going to ask that they each also be required to attend some kind of sensitivity classes because of the way they all acted towards me the night they did arrest me. I got treated like I was a hardened criminal, cussed at, called names, threatened with a taser just because I wouldn't get off the phone (before ever being placed under arrest), etc. Now, its just a matter of coming up with the money to afford an attorney that will take the case.


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## rospaw (Apr 25, 2014)

Glad you got your day in court and won!  I'm sure you will sleep better now that jail time is not on your mind. I think there is a way to get it taken off your record. Rather than me telling you what i think on how to get it removed maybe someone with more knowledge can chime in. Again glad to hear you won. Now take copy of the doc and roll them up and stuff them in the barrel of the gun.


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## GoldDot40 (Apr 25, 2014)

I'm no expert, but a quick search came up with this...


> If you are arrested after July 1, 2013 and the charge(s) qualifies for restriction, the arrest(s) will be restricted by GCIC when the disposition is entered into the GCIC database by the prosecutor or clerk of court. The records of the arresting agency will be restricted within thirty (30) days of the entry of the disposition into GCIC’s database.
> 
> Regardless of the date of your arrest, if your case was placed on the dead docket you will need to wait twelve (12) months from the date the case was placed on the dead docket to file an action in superior court for restriction.
> - See more at: http://www.gjp.org/programs/criminal-records/faqs/faqs-expungements/#sthash.F2H97kaF.dpuf





> The new law requires you file an action in superior court to restrict certain types of records. A court order is necessary to restrict the following types of cases: 1) charges placed on the dead docket, 2) felony charge(s) when you are convicted of an unrelated misdemeanor, 3) convictions that are vacated/reversed and 4) youthful offender convictions. - See more at: http://www.gjp.org/programs/criminal-records/faqs/faqs-expungements/#sthash.F2H97kaF.dpuf


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## Throwback (Apr 25, 2014)

Were those the only two charges?

T


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## zedex (Apr 25, 2014)

I had some charges expunged a few years ago. The process is very easy.

 First, get a copy of the arrest and court disposition.

 Ask the police if there is any objection to an expungement. If not, have them write a letter to this.

 Take that to the DA's office and ask they go along with it.
Get a letter. 

 Contact GCIC and ask the DA to do the same.

 They will take care of it from there. Once done { about 2 weeks}, you should get a notice regarding it. 

 The final step is to contact the FBI and request a background check on yourself. It could take upwards of 6 months to get back.

 On that report, it will show the arrest to be made, the disposition and the expungement.

 Now, here what an expungement means: the arrest and disposition will not show up on employer checks. But, any police agency will see it and the results of it. This also means that you can, legally, state you were never arrested { for that particular offense } on employment applications. To the private sector's consideration, the arrest never took place. Gov't agencies will see it, but must recognize the action was defective and dismissed without prejudice. On gov't applications, you must state the arrest and disposition and they cannot hold it against you.

 The only cost I incurred during this was the FBI report. It was $50

 Congrats on teaching them fools how to do their job and your victory.


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## duckdawgdixie (Apr 25, 2014)

congrats man, they have some less than stellar deputies working there now and things like this do not surprise me


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## Luke0927 (Apr 25, 2014)

Lawyer up for sure...you can probably get a good one to take the case based on the outcome.


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## Slingblade (Apr 26, 2014)

I wouldn't mess with the NRA concerning this. The best advise is to go to www.georgiapacking.org and get in touch with one of the excellent gun law attorneys that frequent that forum to handle this. JRM or malum prohibitum are the 2 I would contact. _Posted from Gon.com App for Android_


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## The Longhunter (Apr 26, 2014)

AbnormalEKG said:


> The only thing that has me upset at this point is that I asked that since I was falsely arrested, and the charges thrown out, I wanted them to remove the arrest from my record, and I was told that it can't be done.
> 
> Anybody here got any knowledge of whether what I was told is true or not? Id really like to have that removed from my record. That never looks good to any employer to see that when they send you for a background check, whether you have a legitimate excuse or not.





zedex said:


> I had some charges expunged a few years ago. The process is very easy.
> 
> First, get a copy of the arrest and court disposition.
> 
> ...




You can have the arrest expunged.  Zedex does a very good job of describing the process.

Two potential problems.  DA is miffed that he lost, and won't sign the papers.  If this happens, nothing you can do about it, but it's very very rare.

Second potential problem is transfer of information from local PD/GCIC to FBI.  This is a very imperfect process, and nobody cares that you are getting screwed over.  If you can't get the FBI record straightened out, you may have to get a lawyer.


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## zedex (Apr 27, 2014)

The Longhunter said:


> You can have the arrest expunged.  Zedex does a very good job of describing the process.
> 
> Two potential problems.  DA is miffed that he lost, and won't sign the papers.  If this happens, nothing you can do about it, but it's very very rare.
> 
> Second potential problem is transfer of information from local PD/GCIC to FBI.  This is a very imperfect process, and nobody cares that you are getting screwed over.  If you can't get the FBI record straightened out, you may have to get a lawyer.



 If the arresting agency and/or DA refuse to go forth with expungment assistance, all is not lost. Well, almost.

 You can file a petition with the adjudicating court to mandate expungement. A judge's decision overrides cop's and prosecutor's. 

 The key here is to have the judge that presided over your previous hearing as he would have been witness to the accurate method of measure vs the way the cops and DA had done it. I would be willing to gamble on an immediate court order without need for a hearing.

 Even if the judge decides the arrest was in good faith, he has to admit it was defective. 

 Having spent many hours on the phone with the very nice and helpful ladies at GCIC, I can attest that they will get it to the FBI quickly.  { In one case I had expunged- driving while suspended- I talked with a gal down there earlier in the day and she had just got the papers and within 30 minutes, she called me to confirm  she had sent in the order of expungement }

 Now, as for suing, you may run into a few issues. Before suing the cops, you first have to get permission to do so. Contact your attorney to see if this applies to your county.

 Next, is "good faith". This means that if the cops acted in good faith { believeing the arrest to be within the legal parameters } and that they were either not properly instructed how to measure barrel lengths or weren't taught at all. The cop acted in good faith of the law. Most cases of this nature are tossed out in civil courts.

 But, if you can prove they were trained properly or that particular cop was over aggressive or should have known { based on firearm experience, formal or informal } or was just plain being vindictive or was leaning hard on you to illicit a derogative action on your part, you have a much better chance.

 The same would apply to the DA. Keep in mind that prosecutors do not check things over. They, too, act in good faith that police reports and actions of arrest were legal. He/she/it ain't going to run over and measure the gun him/her/itself. They presume the cop was right and act off the report given.

 In your case, the DA did check the ATF guidelines and found the weapon to be legal and asked for a dismissal. Here, I would say the DA did precisely the job he was paid to do-- try to make a case and act accordingly. 

 I don't fault him for that and would not attempt to hold him liable. 

 Had he measured and dismissed the ATF approved method of measure, then you would have a solid case. But, this did not occur.

 In your shoes, I would pursue the arresting agency for loss of monetary gains { lost wages or any other payments made to you during your incarceration, money paid to bondsman, any attorney fees paid, restitution for any items sold to make bond, pretrial probation fees.....} and I agree with your simpler demand-- proper instruction on measuring methods as well as counselling if the cop had and maintained a poor attitude at you.

 You may also wish to see what can be done about the useless PD. Had he done his job from the onset, this would have stopped much sooner, saving you losses and worrying.


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## oldfella1962 (Apr 27, 2014)

AbnormalEKG said:


> Here's a pic of the shotgun they tried charging me with. Just went and picked it up from the Sheriff's Office yesterday.



It could be considered a deadly weapon only if you clubbed somebody over the head with it.


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## oldfella1962 (Apr 27, 2014)

Bear in mind that even when charges are dropped, it takes about six months to a year for your name to be cleared from the database(s). Gotta love the computer age. 
Thus make notarized copies of and HAND CARRY AT ALL TIMES the official paperwork saying the charges were dropped, case number, etc.

Otherwise you will be down at the police station one day to have them run a criminal background check for employment purposes. If you are still in the database you might end up in handcuffs - yes, this happens all the time. 

Or you are pulled over for a traffic ticket and get arrested for a bench warrant, also very common. 

There are databases that are not accurate or up to date. You might be in another state years from now getting a background check as a condition of employment and get arrested or turned down for a job, because not everyone "got the memo" about your legal status.


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## GoldDot40 (Apr 27, 2014)

AbnormalEKG said:


> an arrest on my record for Possession of a Sawed off shotgun, and possession of a firearm during the commission of a felony (because I was carrying my sidearm while being in possession of a "sawed off shotgun".)


This has me wondering if you'll be flagged the next time you apply for a GWC license. I'd definitely bring up this concern as well. The fact these would show up on your record may very well make you ineligible to obtain a GWC. Definitely look into it!!! 


AbnormalEKG said:


> been having a very hard time finding work because everywhere I applied wanted to do a background check, and the very first thing they saw was 2 pending felonies, and basically told me they couldn't or wouldn't hire me for that reason.


'Pending' felonies look a lot worse than than old felony arrests. Depending on what type of work you're applying for, USUALLY having the charges on your record aren't a disqualification....as long as you don't lie about it. Way too often people will falsify their applications thinking nobody will ever look.

Any good employer will allow you to explain the circumstances in the charges and make a decision whether or not you'd be a good candidate to work for him/her. 

Again, good luck on getting your name in the clear.


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## The Longhunter (Apr 27, 2014)

oldfella1962 said:


> Bear in mind that even when charges are dropped, it takes about six months to a year for your name to be cleared from the database(s). Gotta love the computer age.
> Thus make notarized copies of and HAND CARRY AT ALL TIMES the official paperwork saying the charges were dropped, case number, etc.
> 
> Otherwise you will be down at the police station one day to have them run a criminal background check for employment purposes. If you are still in the database you might end up in handcuffs - yes, this happens all the time.
> ...



That's good advice too, only amendment I would make is wait a week for the paper work to be processed and go the Clerk's office and get a _certified copy_ from the Clerk.


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## mikey1297 (Jun 13, 2014)

I would sue the police dept and the officer.


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## jiminbogart (Jun 13, 2014)

AbnormalEKG said:


> So, just went to court on the 23rd, and got everything cleared up.


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## Throwback (Jun 13, 2014)

were there any other charges?


T


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## PopPop (Jun 13, 2014)

Throwback said:


> were there any other charges?
> 
> 
> T



Such a simple question to go unanswered.


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## GunnSmokeer (Jun 14, 2014)

*dumb cops*

sometimes LEO and prosecutors are ignorant, or even willfully ignorant, of gun laws and the standards of how to implement them.

There was another case a few years ago, in DeKalb County, where a cop spotted an AK-47 style pistol in somebody's parked car.  The cops waited for the owner to return to the car and tackled him and did a felony arrest for possession of a machinegun or short-barreled-rifle.

The guy explained that it was a factory-made, unmodified, BATF-approved semi-auto-only HANDGUN that never had a stock and was never going to have any butt stock.

They arrested him anyway and took him to jail.

His lawyers (gun-rights experts, affiliated with GeorgiaCarry.Org) explained to the cops later that this was a perfectly legal handgun that just looked similar to an AK type rifle, but it really was a handgun. 

The DA's office indicted the guy anyway, and scheduled him for a trial.

The guy's lawyers AGAIN explained what the gun was and where the DA's office could find the law about such things. They explained that under Georgia law, if it was legal with the feds and approved by ATF, it was legal in Georgia.  They didn't believe that, or didn't care.

Well on THE DAY OF TRIAL, when the DA's office had to tell the judge that they were going to pick a jury on this case and proceed where there was no crime and no way any juror could possibly convict based on the evidence presented, THEN the charges were dismissed. (I'm not sure if it was voluntary or the judge ordered the charges dismissed).

THE POINT IS:  there are stupid and even vindictive cops and prosecutors out there.  Things like this do happen in real life, even though they shouldn't.


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## shdw633 (Jun 14, 2014)

PopPop said:


> Such a simple question to go unanswered.



For two months none the less!!!    Hang in there T you may get an answer someday!!!


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## T.P. (Jun 14, 2014)

I'm not seeing the reason that if he was charged with something else should matter? He asked a question about being falsely charged for having a legal shotgun, that was it. If he was arrested for something else, does it make it ok to falsely charge for more crimes?


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## The Longhunter (Jun 14, 2014)

T.P. said:


> I'm not seeing the reason that if he was charged with something else should matter? He asked a question about being falsely charged for having a legal shotgun, that was it. If he was arrested for something else, does it make it ok to falsely charge for more crimes?



Our local PD thinks so.


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## Throwback (Jun 14, 2014)

T.P. said:


> I'm not seeing the reason that if he was charged with something else should matter? He asked a question about being falsely charged for having a legal shotgun, that was it. If he was arrested for something else, does it make it ok to falsely charge for more crimes?





georgia357 said:


> It doesn't matter at all, just be more for some people to pick apart and try to blame the OP for something. JMHO
> 
> 
> G





the facts of the case matter. 



T


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## Revvv (Jun 14, 2014)

If this were my case, and I had the facts you do, I would avoid the public defender. I will not say that these attorneys are all bad, but you have to understand the amount of cases they are bombarded with. First and foremost, there is no way for this type of attorney to be well educated concerning every facet of the law, and yet they are used as a "fix it all" tool. Most of the people they represent are guilty. 

If I were in your shoes I would make an appointment with the DA myself and give him the facts. He cannot argue against facts. You will likely reach and agreement to have the case dismissed. 

If the case goes before a judge (which it could) then be sure to bring every legal fact possible to court, and also ask to have a measuring device available in order to prove that the gun is indeed legal.

You want as much on paper as you can get.

You may also be able to ask for another attorney due to the fact that the present attorney does not represent your interests. I am not sure how to go about this, but I am certain that if you contact your local jurisdiction they will be able to tell you what to do, and how to ask for a continuance if you need one in order to get things on track.

As for the wall decoration comments, they are all irrelevant. The fact that you were trying to repair the weapon and that it was in a fire is also irrelevant. Your only saving grace is the barrel crown to breech measurement, as well as the buttstock to barrel crown measurement. 

Also keep in mind that the legal system does not work in regard to sympathy (at least not in most cases). You need enough evidence placed before the prosecutor to allow him or her to drop your case. 

Court is a scary thing. Being on trial is like watching a game of chess being played with you as the grand prize. 

It also may be a good thing to ask for the counsel of a few local attorneys that are well known in your county. One of them may not only see your innocence, but be willing to take your case with the opportunity of a counter suit. They may also make payment arrangments with you.


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## Revvv (Jun 14, 2014)

AbnormalEKG said:


> So, just went to court on the 23rd, and got everything cleared up. I was still stuck with using the public defender, and I pretty much had to do all the work myself, but we got the DA to agree to go in personally and measure the barrel according to ATF procedures. Once he did, he had no choice but to drop the charges, when the barrel measured 18.5"! The only thing that has me upset at this point is that I asked that since I was falsely arrested, and the charges thrown out, I wanted them to remove the arrest from my record, and I was told that it can't be done. So, even though it's not a conviction, I'm permanently stuck with an arrest on my record for Possession of a Sawed off shotgun, and possession of a firearm during the commission of a felony (because I was carrying my sidearm while being in possession of a "sawed off shotgun".) Anybody here got any knowledge of whether what I was told is true or not? Id really like to have that removed from my record. That never looks good to any employer to see that when they send you for a background check, whether you have a legitimate excuse or not.



You can have this dismissed case expunged from your record? You can also have your background locked.


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## GunnSmokeer (Jun 17, 2014)

*expungement*

Georgia law used to use the term "expungement" to mean when you get an arrest hidden from non-governmental entities that do background checks on you.

Now the new laws on this subject refer to "restricting" the record.  Same idea, but different language.

If your charges had been dismissed early, before any prosecutor filed an accusation or any grand jury returned an indictment, that would be the easiest and most certain grounds to demand this arrest be wiped off your record (as shown to non-government entities, anyway).

Since your charges were prosecuted to the eve of trial, there are a few specific circumstances where you would not be allowed to get this record restriction.  One common one would be if the State were denied using key evidence against you because your lawyer filed a motion to suppress that evidence. Another would be if you invoked some privilege to prevent somebody from testifying against you.

But if you got a dismissal / nolle prosequei based on the State simply agreeing that you were right and their interpretation of the law was wrong, then you SHOULD QUALIFY to get your record "restricted." 

See this website from the Georgia Justice Project

http://www.gjp.org/programs/criminal-records/faqs/faqs-expungements/

and if you want to read the law yourself, look up O.C.G.A. 35-3-37, but make sure you're looking at a RECENT version of that law as it was modified July 1, 2013.  Old versions of the law are all over the internet, so watch out.


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