Other Criminal Procedure Rubber Bullet Laws

D

David Smith1

New Member
Jurisdiction
Georgia
Not sure if this is the right section for this.

My brother-in-law purchased a handgun that fires rubber (or rubber-capped) bullets from an online retail store. He has a concealed weapon permit, but I've looked up GA laws related to this, and they all give varying answers.

Some say that depending on the situation, a weapon like this is treated no differently if it were a real gun. Still, others say this type of firearm isn't in the same category as a deadly weapon, so the most someone would get if it were used on somebody is an assault charge, AFAIK.

Since I'm not sure which if these would be considered correct, what would someone be looking at if he were to shoot someone with a rubber bullet handgun in self-defense?
 
David Smith1 said:
what would someone be looking at if he were to shoot someone with a rubber bullet handgun in self-defense?
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Only the district or prosecuting attorney in some county, located in the state of Georgia could answer your hypothetical question.

Whether the firearm shoots rubber or lead bullets, one needs to acquaint herseld/himself with the firearms laws of Georgia and the USA before purchasing, much less using any firearm.

In most County Sheriff's Offices, local police departments, most of them would be able to respond to your questions accurately.

This blog might offer you useful, general information:

BANNED: A State-By-State Look at Restricted Guns, Ammo and Parts

Banned In Georgia
:

None; free state with no major restrictions on guns, ammo or parts.

=================

Georgia Gun & Ammo Laws: How Georgia Treats the 2nd Amendment
 
Did you read Georgia statutes?

Or did you just read what people wrote about what they think the gun laws are?

Georgia statute 16-11-125.1 Definitions:

"Handgun" means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an explosive where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term "handgun" shall not include a gun which discharges a single shot of 0.46 centimeter or less in diameter.

Georgia statute 16-11-138 Defense of Self or Others as Absolute Defense

Defense of self or others, as contemplated by and provided for under Article 2 of Chapter 3 of this title, shall be an absolute defense to any violation under this part.

Crimes and offenses are addressed here:

Georgia Code Title 16, Chapter 11, Article 4 (2022) - Dangerous Instrumentalities and Practices :: 2022 Georgia Code :: US Codes and Statutes :: US Law :: Justia

Whether or not someone gets prosecuted, and to what extent, depends on the circumstances

Is there anything that is still unclear to you?
 
I remember watching a demonstration as a young child many years ago in which a blank fired from a 50-Cal absolutely shredded a phone book.
 
adjusterjack said:
Did you read Georgia statutes?

Or did you just read what people wrote about what they think the gun laws are?

Georgia statute 16-11-125.1 Definitions:

"Handgun" means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an explosive where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term "handgun" shall not include a gun which discharges a single shot of 0.46 centimeter or less in diameter.
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Does that mean a .17 HMR isn't a pistol or revolver?
 
David Smith1 said:
Some say that depending on the situation, a weapon like this is treated no differently if it were a real gun.
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Treated by whom? Also, "depending on the situation" are the most important words in that sentence.

David Smith1 said:
Still, others say this type of firearm isn't in the same category as a deadly weapon, so the most someone would get if it were used on somebody is an assault charge, AFAIK.
Click to expand...

"The most someone would get"? If you're asking what the charge would be if your brother-in-law were to shoot someone with a rubber bullet, that depends on all relevant facts, but an attempted murder charge would probably be unlikely.

I don't know for sure, but I would say that having a concealed carry permit imposes at least some duty to ascertain the applicable law. Your brother ought to visit the law enforcement agency that issued his permit and ask whatever questions he has. If he doesn't get clear answers, then consulting with a local attorney wouldn't be a bad idea.

Zigner said:
I have to ask - why do you care?
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An excellent question.

Is your BIL living with you? Do you anticipate your BIL might shoot you with the gun? Are you looking to borrow the gun in order to threaten or shoot someone?
 
Zigner said:
I have to ask - why do you care?
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My wife is the one who wants to know.

adjusterjack said:
Did you read Georgia statutes?

Or did you just read what people wrote about what they think the gun laws are?

Georgia statute 16-11-125.1 Definitions:

"Handgun" means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an explosive where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term "handgun" shall not include a gun which discharges a single shot of 0.46 centimeter or less in diameter.

Georgia statute 16-11-138 Defense of Self or Others as Absolute Defense

Defense of self or others, as contemplated by and provided for under Article 2 of Chapter 3 of this title, shall be an absolute defense to any violation under this part.

Crimes and offenses are addressed here:

Georgia Code Title 16, Chapter 11, Article 4 (2022) - Dangerous Instrumentalities and Practices :: 2022 Georgia Code :: US Codes and Statutes :: US Law :: Justia

Whether or not someone gets prosecuted, and to what extent, depends on the circumstances

Is there anything that is still unclear to you?
Click to expand...
zddoodah said:
I don't know for sure, but I would say that having a concealed carry permit imposes at least some duty to ascertain the applicable law. Your brother ought to visit the law enforcement agency that issued his permit and ask whatever questions he has. If he doesn't get clear answers, then consulting with a local attorney wouldn't be a bad idea.
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I'll let both of them know.
 
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Zigner said:
From what I can see, a .17 HMR is a bullet. I doubt that's what you meant to ask, though.
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No, I was asking if a .17 HMR pistol or revolver wasn't a handgun

"however, that the term "handgun" shall not include a gun which discharges a single shot of 0.46 centimeter or less in diameter"
 
.17 inch = .4318 cm

A pistol or revolver that fires that cartridge appears not to be defined as a handgun with regard to that statute.

However, commit a crime with it and what you call it won't make any difference in the penalties for that crime.
 
That indeed appears to dodge the statutory definition. It's a pistol, but not a revolver.

The term pistol is not well defined in general. Etymologically, a pistol is just a small handgun. In some statutes, it refers to any handgun with an integral chamber in the barrel. The gun in the video above is a pistol. So are muzzle loaders. Revolvers are not.

The USC dropped a definition of pistol replacing it with the term "hand gun" instead. The definition still exists in the CFR which the ATF uses as their definition of the term:

Pistol. A weapon originally designed, made, and intended to fire a projectile (bullet) from one or more barrels when held in one hand, and having (a) a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s); and (b) a short stock designed to be gripped by one hand and at an angle to and extending below the line of the bore(s).

The word "pistol" likewise doesn't appear in the normative parts of the Georgia Code. They use the terms handgun and long gun. The annotations mention pistol, but tend to use it colloquially as a substitute for handgun.
 
"however, that the term "handgun" shall not include a gun which discharges a single shot of 0.46 centimeter or less in diameter"

Could also refer to any pistol or revolver of .17 caliber or less. The single shot may be in reference to shot shells or the like
 

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