Legal Question in Criminal Law in Georgia

Concealed Weapons

In June I went to the Atlanta airport with my pistol when I realized it was in my purse I notified TSA and the LEO. TSA and Homeland Security dropped the complaint and Clayton County wants to prosecute me on a concealed weapons charge. At the time I had a valid GA concealed weapons permit. The Clayton asst. solicitor was willing to not prosecute and the investigator told me I could pick up my nonpros at the clerks office the following Monday, but when they determined another woman was charged by the feds they decided to change their minds. What is my best course of action? A motion to dismiss? Affirmitive defense under concealed weapons law that says you can notify a LEO of accidental inappropriate carry? Or a First Offender?


Asked on 11/09/05, 9:25 pm

1 Answer from Attorneys
Billy Tomlinson Tomlinson & Associates, LLC

Re: Concealed Weapons

There are several issues in your scenerio. First, you are using the term solicitor so I am assuming you are charged with the misd. version and not a felony. Therefore, the "first offender" would not apply as it is a felony driven option. There is no affirmative defense that I know of for notifying a LEO. For a motion to dismiss you need a ground and from the scenerio I am not sure what that is. My best suggestion for this type of scenerio is to contact an attorney in your area. You will need some help and possibly a jury trial. You have a lot at stake in regards to your future ability to carry a weapon. Don't go at this alone!!

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 11/10/05, 7:13 am


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