A person is guilty of a misdemeanor of a high and aggravated nature when he or she knowingly sells to or furnishes to a person under the age of 18 years knuckles, whether made from metal, thermoplastic, wood, or other similar material, or a knife designed for the purpose of offense and defense.
(Ga. L. 1876, p. 112, § 1; Code 1882, § 4540b; Penal Code 1895, § 344; Penal Code 1910, § 350; Code 1933, § 26-5108; Code 1933, § 26-2905, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1994, p. 1012, § 11; Ga. L. 1995, p. 10, § 16; Ga. L. 2008, p. 533, § 3/SB 366; Ga. L. 2009, p. 8, § 16/SB 46.)
Editor's notes.- Ga. L. 1994, p. 1012, § 1, not codified by the General Assembly, provides that the Act shall be known and may be cited as the "School Safety and Juvenile Justice Reform Act of 1994".
Ga. L. 1994, p. 1012, § 2, not codified by the General Assembly, sets forth legislative findings and determinations for the "School Safety and Juvenile Justice Reform Act of 1994".
Ga. L. 1994, p. 1012, § 29, not codified by the General Assembly, provides for severability.
Law reviews.- For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969).
JUDICIAL DECISIONS
Purpose of former Penal Code 1910, § 350 (see now O.C.G.A. § 16-11-101) was to protect minors, to prevent injury resulting from negligent handling of dangerous weapons, and to prevent acquisition of criminal tendencies on part of minors. Hulsey v. Hightower, 44 Ga. App. 455, 161 S.E. 664 (1931).
Former Penal Code 1895, § 344 (see now O.C.G.A. § 16-11-101) did not contemplate toy imitations of weapons. Mathews v. Caldwell, 5 Ga. App. 336, 63 S.E. 250 (1908).
Whether a thing is a weapon or a toy is a question of fact for jury, and this is to be determined irrespective of name by which it is called or purpose for which it is sold or used in a particular case. Mathews v. Caldwell, 5 Ga. App. 336, 63 S.E. 250 (1908).
OPINIONS OF THE ATTORNEY GENERALThere is no restriction against carrying an unloaded shotgun in a vehicle through this state. 1970 Op. Att'y Gen. No. U70-30.
RESEARCH REFERENCES
Am. Jur. 2d.
- 79 Am. Jur. 2d, Weapons and Firearms, § 37.
C.J.S.- 43 C.J.S., Infants, §§ 198, 199. 94 C.J.S., Weapons, §§ 65, 66.
ALR.- Contributory negligence or assumption of risk of one injured by firearm or air gun discharged by another, 25 A.L.R.3d 518.
Liability for injury or death of minor or other incompetent inflicted upon himself by gun made available by defendant, 75 A.L.R.3d 825.
Fact that gun was broken, dismantled, or inoperable as affecting criminal responsibility under weapons statute, 81 A.L.R.4th 745.