Jaimecbr900
12-29-2009, 10:16 AM
Ok, I've caught a lot of flack from a couple of threads that I've closed recently, so let's air it out in here so everyone is clear on the situation.
It has always been my understanding that ANY "sawed off" weapon is highly illegal not only in GA, but the entire U.S. As I'm both told and read, it is a FEDERAL offense to alter any weapon w/o it being duly registered and "ok'd" by the ATF. Technically, ANY modification on a weapon is supposed to be "illegal" because you're altering it from factory specs, but what the ATF really pursues are homemade "sawed off" weapons, illegally silenced weapons, converted fully auto weapons, and of course non-serial numbered weapons.
I know that if you own a weapon with a working silencer, it has to be registered as such. I know that if you want to LEGALLY own a fully auto weapon, it too has to be registered through the ATF as such. I was told and read on several occassions that even if you "saw off" a weapon, most popularly the shotgun, that it is often times not only ILLEGAL but just as importantly and likely not safe because shotgun barrels (in some calibers more than others) are often times tapered and therefore not the same "strength" if "sawed off".
Now, on to the LAW portion of this discussion. This is what the LAW in GA states on the matter. I'm going to quote it exactly as it is written in the books, and you guys can try and interpret it too.
Here you go:
O.C.G.A. § 16-11-122
Possession of sawed-off shotgun or rifle, machine gun, silencer, or dangerous weapon prohibited No person shall have in his possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer except as provided in Code Section 16-11-124.
O.C.G.A. § 16-11-123
Unlawful possession of firearms or weapons A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years.
As mentioned above, here is the only exceptions to the law:
O.C.G.A. § 16-11-124
Exemptions from application of part
This part shall not apply to:
(1) A peace officer of any duly authorized police agency of this state or of any political subdivision thereof, or a law enforcement officer of any department or agency of the United States who is regularly employed and paid by the United States, this state, or any such political subdivision, or an employee of the Department of Corrections of this state who is authorized in writing by the commissioner of corrections to transfer or possess such firearms while in the official performance of his duties;
(2) A member of the National Guard or of the armed forces of the United States to wit: the army, navy, marine corps, air force, or coast guard who, while serving therein, possesses such firearm in the line of duty;
(3) Any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer which has been modified or changed to the extent that it is inoperative. Examples of the requisite modification include weapons with their barrel or barrels filled with lead, hand grenades filled with sand, or other nonexplosive materials;
(4) Possession of a sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer by a person who is authorized to possess the same because he has registered the sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer in accordance with the dictates of the National Firearms Act, 68A Stat. 725 (26 U.S.C. Sections 5841-5862); and
(5) A security officer employed by a federally licensed nuclear power facility or a licensee of such facility, including a contract security officer, who is trained and qualified under a security plan approved by the United States Nuclear Regulatory Commission or other federal agency authorized to regulate nuclear facility security; provided, however, that this exemption shall apply only while such security officer is acting in connection with his or her official duties on the premises of such nuclear power facility or on properties outside the facility property pursuant to a written agreement entered into with the local law enforcement agency having jurisdiction over the facility. The exemption under this paragraph does not include the possession of silencers.
Now, I'm not a lawyer, but it seems pretty clear to me what they are trying to say here. If the weapon came with an 18" barrel, then it CAME that way from factory and hence would not be considered "sawed off" eventhough most people commonly refer to any short barreled shotgun as a "sawed off" shotgun even when it came like that from factory. If you take it and hacksaw the barrel to any length other than what that particular barrel CAME WITH FROM FACTORY even if its 18" or more, THEN it would be considered truly "sawed off" and hence ILLEGAL per the GA law code quoted above. Right or wrong?
If you guys see it differently, please explain how.
It has always been my understanding that ANY "sawed off" weapon is highly illegal not only in GA, but the entire U.S. As I'm both told and read, it is a FEDERAL offense to alter any weapon w/o it being duly registered and "ok'd" by the ATF. Technically, ANY modification on a weapon is supposed to be "illegal" because you're altering it from factory specs, but what the ATF really pursues are homemade "sawed off" weapons, illegally silenced weapons, converted fully auto weapons, and of course non-serial numbered weapons.
I know that if you own a weapon with a working silencer, it has to be registered as such. I know that if you want to LEGALLY own a fully auto weapon, it too has to be registered through the ATF as such. I was told and read on several occassions that even if you "saw off" a weapon, most popularly the shotgun, that it is often times not only ILLEGAL but just as importantly and likely not safe because shotgun barrels (in some calibers more than others) are often times tapered and therefore not the same "strength" if "sawed off".
Now, on to the LAW portion of this discussion. This is what the LAW in GA states on the matter. I'm going to quote it exactly as it is written in the books, and you guys can try and interpret it too.
Here you go:
O.C.G.A. § 16-11-122
Possession of sawed-off shotgun or rifle, machine gun, silencer, or dangerous weapon prohibited No person shall have in his possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer except as provided in Code Section 16-11-124.
O.C.G.A. § 16-11-123
Unlawful possession of firearms or weapons A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years.
As mentioned above, here is the only exceptions to the law:
O.C.G.A. § 16-11-124
Exemptions from application of part
This part shall not apply to:
(1) A peace officer of any duly authorized police agency of this state or of any political subdivision thereof, or a law enforcement officer of any department or agency of the United States who is regularly employed and paid by the United States, this state, or any such political subdivision, or an employee of the Department of Corrections of this state who is authorized in writing by the commissioner of corrections to transfer or possess such firearms while in the official performance of his duties;
(2) A member of the National Guard or of the armed forces of the United States to wit: the army, navy, marine corps, air force, or coast guard who, while serving therein, possesses such firearm in the line of duty;
(3) Any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer which has been modified or changed to the extent that it is inoperative. Examples of the requisite modification include weapons with their barrel or barrels filled with lead, hand grenades filled with sand, or other nonexplosive materials;
(4) Possession of a sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer by a person who is authorized to possess the same because he has registered the sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer in accordance with the dictates of the National Firearms Act, 68A Stat. 725 (26 U.S.C. Sections 5841-5862); and
(5) A security officer employed by a federally licensed nuclear power facility or a licensee of such facility, including a contract security officer, who is trained and qualified under a security plan approved by the United States Nuclear Regulatory Commission or other federal agency authorized to regulate nuclear facility security; provided, however, that this exemption shall apply only while such security officer is acting in connection with his or her official duties on the premises of such nuclear power facility or on properties outside the facility property pursuant to a written agreement entered into with the local law enforcement agency having jurisdiction over the facility. The exemption under this paragraph does not include the possession of silencers.
Now, I'm not a lawyer, but it seems pretty clear to me what they are trying to say here. If the weapon came with an 18" barrel, then it CAME that way from factory and hence would not be considered "sawed off" eventhough most people commonly refer to any short barreled shotgun as a "sawed off" shotgun even when it came like that from factory. If you take it and hacksaw the barrel to any length other than what that particular barrel CAME WITH FROM FACTORY even if its 18" or more, THEN it would be considered truly "sawed off" and hence ILLEGAL per the GA law code quoted above. Right or wrong?
If you guys see it differently, please explain how.