Tag Archives: Georgia

Georgia Has A Great Bill In The House

I saw a video recently that just made me salivate. Nope, not a new recipe to try, but it is something sweet and yummy.

I myself try to avoid places that are posted No Concealed Weapons. Yes, I realize the point of carrying concealed is that people can’t tell, but I figure if you don’t want “my kind” there, well then I certainly won’t offend you with my money either. The other reason I try to avoid them is it seems to me that most of the mass attacks are in gun free zones. It seems those pesky criminals don’t obey the sign clearly posted against having a weapon in their “Gun Free Zone”.

or, if you prefer a musical version (what the heck, I’m in a whimsical mood)

I’ve never quite really understood why businesses are responsible for slips, trips and falls, too hot coffee or a burgler breaking in and being injured. Yes, businesses have been sued for all those things. I would stay those are things the business really couldn’t prevent in large. Yes, if the sidewalk or walkway in front of the store is icy and they stay open for business they should clear it. And probably most business owners would do that without being told as they know if a customer falls on their icy walkway they risk a lawsuit.

But when it comes to allowing concealed carry on premises they shrink back and clutch their pearls. I’ve asked a few business owners about that and they’ve said their insurance company insists on it, but they don’t agree with it. I had one jewelry store owner tell me he had no problem with me carrying in his store and he wished I would that way if something happened there would be two of us. I guess nobody wants to be hauled to the back of a store and shot huh?

So back to Georgia’s HB 1364, it doesn’t infringe on the property owners rights, all it says if you deprive someone of the right to defend themselves with the most effective tool, then you bear the responsibility for their safety as you’ve chosen to remove their right to defend themselves should something untoward happens. This would also include parking lots.

Here’s a snippet

(1) ‘Lawful weapons carrier’ shall have the same meaning as provided for in Code

Section 16-11-125.1.

‘Weapon’ shall have the same meaning as provided for in Code Section 16-11-125.1.

A person, business, or other entity that owns or legally controls a property and has the authority to prohibit weapons on such property, including, but not limited to, such authority provided by Code Section 16-11-127, assumes absolute custodial responsibility for the safety and defense of a lawful weapons carrier who is prohibited from carrying his or her weapon, including a concealed weapon, while on such property and any other property such lawful weapons carrier is required to traverse in order to store or retrieve such weapon.

The absolute custodial responsibility imposed upon the person, business, or other entity provided for in paragraph (1) of this subsection extends to the conduct of other invitees, trespassers, and employees of such person, business, or other entity.

Any public notice posted on a property that includes language which provides that weapons are prohibited on such property shall also contain language citing this Code section and providing that any lawful weapons carrier who is prohibited from carrying his or her weapon, including a concealed weapon, while on such property shall be under the absolute custodial care of the person, business, or other entity that owns or legally controls such property.

Any lawful weapons carrier who is prohibited from carrying his or her weapon,including a concealed weapon, and who is injured, suffers bodily injury or death, or incurs economic loss or expense, property damage, or any other compensable loss as the result of conduct of another person occurring on property where the lawful possession of weapons is prohibited, shall have a cause of action against the person, business, or other entity that owns or legally controls such property and causes such prohibition to occur.

In addition to damages, the lawful weapons carrier shall be entitled to reasonable attorney’s fees, expert witness costs, and other costs necessary to bring the cause of action.

To prevail in an action brought under this subsection, the plaintiff shall show by a preponderance of the evidence that:

(A) The plaintiff was a lawful weapons carrier at the time of the incident giving rise to the action;

The plaintiff was prohibited from carrying a weapon, including a concealed weapon, on the property where the incident occurred by the person, business, or other entity that owns or legally controls such property; and

You may read the whole thing here

Every time I think about gun free zones, I think about Suzanna Gratia Hupp’s poignant testimony before congress.

This is a bill I’ve wanted to see in my state for a long time. If it’s the insurance companies pulling the strings, then shop owners really aren’t making their own choice anyway are they?

This one is on my wish list, along with a Firearms Freedom Act. There was a push for that back after Montana passed theirs.

This map is from 2019, so it is quite dated but that’s because I could only find this map web site in the web archive.

With what we’ve seen lately? I think it’s time to renew the push for this legislation.

Well, I figure everything started out on someone’s wish list, right? Ah I am in a whimsical mood indeed!!

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How Many Doors?

““The sheer immorality of victim disarmament aside, one would hope every law enforcement officer out there would stop to consider all the possible ramifications of kicking in several million doors because the occupants are well armed.”
— Carl Bussjaeger

I seem to be re-using that quote a lot lately; here we go again. A few days ago, I wrote about a New Mexico bill to ban “assault pistols” (and other things). That bill would ban future transfers, but leave currently possessed items alone. Clearly state Rep. Andrea Romero and her co-conspirators couldn’t settle for that. (There are actually several bills, but I’ll focus on one.)

Thus, she has filed HB 101 – RELATING TO FIREARMS; PROHIBITING LARGE-CAPACITY MAGAZINES; PROHIBITING ASSAULT WEAPONS; PROVIDING PENALTIES.

This would be an outright ban (for civilians) of “large-capacity” magazines and “assault weapons;” no grandfathering whatsoever.

A person shall not possess, manufacture, purchase, sell or transfer any large-capacity ammunition feeding device regardless of whether the device is attached to a firearm. This section shall not apply to magazines originally designed to accept more than ten rounds of ammunition that have been modified to accept no more than ten rounds and that are not capable of being readily restored to a capacity of more than ten rounds.

B. For the purposes of this section, “large-capacity ammunition feeding device” means a magazine, belt, drum, feed strip or similar device that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition.

A person shall not manufacture, import, possess, purchase, sell or transfer any assault weapon.

So, Ms. Romero: How many doors? How many doors are you willing to kick in solely because the residents are well armed? Have you asked that question of the street level cops who would be enforcing your diktat, or are you going to lead the stacks personally, as an inspiration for them?

Have you even heard of NYSRP v. Bruen?

And I see that while you would ban possession of these… evil weapons of mass destruction designed to kill as many people as possible, as many of your political persuasion describe them, you’re just fine with government agents (your door-kicking cops/enforcers) having them and obtaining more. Why is that?

C. Subsection B of this section shall not apply to:

(1) any government officer, agent or employee, a member of the armed forces of the United States or a peace officer to the extent that such person is otherwise authorized to acquire or possess an assault weapon and does so while acting within the scope of that person’s duties;

Why do your favored cops need the capability to kill as many of us as possible?

Why do you want them to be able to kill us?

These are not rhetorical questions, and I have asked them of Romero directly. She has not responded.

 

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Giggling In Georgia

Georgia state Rep. Sandra Scott reportedly wants to ban Glock automatic weapon conversion devices.

State Rep. Sandra Scott, Dim-Rex, previously told The Center Square she plans to file several pieces of legislation, including a measure to prevent Glock owners from turning the guns into automatic weapons.

As of this writing, I do not see a Scott bill to ban the manufacture of automatic weapons. I have emailed Scott to see if she can provide advance text, or at least a bill number when filed.

Because — as the clued-in probably guessed — it sounds a bit redundant. After all, the National Firearms Act of 1934, as mended by the Firearm Owners Protection Act of 1986, already makes the manufacture of machine guns, by anyone other than an FFL who has paid the SOT, unlawful. And those machine guns aren’t generally transferable to us common, little people.

Georgia law, specifically § 16-11-122, makes possession of machine guns illegal. There are lawful exceptions in § 16-11-124; most notably if the firearm is properly registered under the aforementioned NFA.

True, Georgia law doesn’t seem to specifically ban the manufacture, but once to add the conversion device to the handgun, you’re in possession (see above paragraph).

For that matter, a conversion device is itself a “machinegun” as defined in 26 U.S. Code § 5845.

The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun

Possession of the device is possession of a machinegun under federal and state law. Just ask the folks the ATF has charged with felony possession of unregistered machinguns for giggle switches, lightning links, flat pieces of metal, and wall-hooks.

I strongly suspect that urban gangbangers putting giggle switches on their Glocks are not FFL/SOTs, nor did they register their giggle switches by the 1986 deadline for lawful possession (I don’t know how many Glocks were even in US non-government hands in ’86).

 

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More Illegaller In Georgia

Reports indicate that Georgia Dim-ocrats are planning some interesting gun control bills for the next session. I have questions.

Spoiler: Rep Sandra Scott is a Dim-ocrat, from the Atlanta area (District 76). Yes, you can expect stupidity.

Georgia Democrats Plan Gun Control Push in Legislature’s Next Session
Lawmakers plan to introduce bills similar to House bills 962 and 971, which did not advance during this year’s session and would require owners to report lost or stolen firearms and require firearm dealers to furnish gun locks in all retail firearm sales.

Right off, I see a problem. The previous HB 971 (also sponsored by Scott), which this new legislation would seemingly mirror, was rather more than a requirement that firearms dealer provide locks. It was a “secure storage” requirement for gun owners. I’ve noted that other attempts at “safe storage” (i.e.- useless for defense) laws have been fairly carefully written since Heller (2008), which tossed the requirement that firearms be “unloaded and disassembled or bound by a trigger lock.” The cleverer laws impose liability on a gun owner if an unauthorized person accesses and misuses a firearm. Scott’s 971 would have made “improper” storage a misdemeanor criminal offense whether or not a firearm is accessed, much less if it’s used.

This year’s Bruen ruling also comes into play with this unsafe storage requirement. In that case, the Supreme Court decided that gun control laws must be evaluated, not under intermediate scrutiny (“does it serve a perceived governmental need”) or strict scrutiny (“does it even work”), but under a general historical tradition test that begins with a presumption that Second Amendment rights must be protected.

How exactly does Scott justify so-called “secure storage” of firearms and mandatory reporting of lost or stolen firearms with BRUEN? A few quick searches don’t reveal any general historical tradition of requiring that firearms be stored in an unusable state.

From there, Scott descends into sheer stupidity, or lunacy; you decide.

State Rep. Sandra Scott, D-Rex, said lawmakers are also eying legislation that would prevent Glock owners from turning the guns into automatic weapons.

26 U.S. Code § 5861(a) and 18 U.S. Code § 922(a)(4)make it a felony for any unlicensed person to manufacture (or convert) a machinegun. The Firearms Owners Protection Act of 1986 prohibited virtually all manufacture or transfer of mew machineguns. Georgia Code § 16-11-122 and § 16-11-123 likewise already ban possession of machineguns not federally licensed and taxed. Thus, it is, and has been for decades, unlawful for Glock, or any other firearm, owners to covert their firearms into machineguns.

What is the purpose of a new, redundant law outlawing that which is already outlawed, eh, Scott?

She did know this, right? Perhaps her proposed bill will address the issue of criminals who are already ignoring Georgia and federal law.

Ready for more legislative dumbassery?

“We really need to be trying to come up with a way that will restrict kids from being able to go in and purchase weapons…”

“Go in and purchase” suggests that she is speaking of “kids” (minors) purchasing firearms in gun stores. Raise your hands if you see the issue here.

18 U.S. Code § 922 makes it unlawful, a felony, for those under 18 to purchase a firearm from a licensed dealer (and makes it a crime for a dealer to make such a sale). How did Scott miss that? It isn’t something new.

Georgia Code § 16-11-132 makes it unlawful for minor to even possess handguns, with certain exceptions for specified sporting activities under supervision, another long standing restriction that seems to have escaped the Dim-wit’s notice.

I brought these issues to Rep. Scott’s attention. To her credit, and unlike most pols, she actually replied.

Thanks for the information. I will have the legislation reviewed because I am concerned..

It seems to me that the proper time to “review” proposed legislation is before it’s filed or publicly announced, not after people publicly ridicule her ignorance. So forgive me if I think she’s more “concerned” with being outed as a fool (too late!), rather than constitutionality and redundancy.

Sadly, Scott appears to be running unopposed in her solidly Dim district; so there’s no opponent to tip off as to her legislative incompetence.

 

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Ballless in Blue Ridge

Georgia state House Speaker David Ralston is a useless, effing coward.

Gun rights legislation fails to get final approval in Georgia House
House Speaker David Ralston (R-Blue Ridge) said after the session ended Wednesday night that the recent mass shootings, including one in metro Atlanta, played a factor in his not calling up House Bill 218 for a vote.

“Frankly, I thought we needed to be very, very sensitive to any gun legislation,’’ he told reporters. “We’re less than two weeks out from two major mass killings. That heightens my level of sensitivity to that.’’

The Catholic Church has an abuse problem. This is a bad time to defend freedom of religion.

Someone said something mean. This is a bad time to defend free speech.

There are crack houses. This is a bad time to defend property rights.

Our Secretary of State violated the hell out of state election laws. This is a bad time to defend voters’ rights.

What pray tell, Mr. Ralston, do the actions of law-breaking murderers have to do with my rights? A mentally ill guy in Atlanta murdered people, so the millions of Georgians who didn’t do it should be blamed? That’s exactly what you’re doing when you decided to abandon us because someone else did something bad.

Ralston caved because he has no balls.

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[Updated] GA-01 House Race: Where Do The Candidates Stand?

Update: Please read comments below for more about Daniel Merritt’s(?) bizarre Twitter responses.


COVID-19. There; I said it. The obligatory mention is out of the way. Now on to reality.

For once, I decided to look at issues closer to home. Specifically, the Second Amendment positions of all the candidates for my Congressional district, Georgia-01. Three Democrats and three Republicans, including the incumbent, have filed to run. I reached out to all via email.

All were asked a basic set of generalized questions, and some were also given individualized questions based on statements they have made.

What “gun control” laws would you support?

What “gun control” laws would you repeal?

Do you have a position on:

a. “Red flag” laws.
b. Universal background checks.
c. Age limits for firearm possession.
d. So-called “assault weapons.”
e. National Firearms Act of 1934.
f. New machine gun ban provision of Firearm Owners Protection Act of 1986.

Democrats

Joyce Marie Griggs

No response.


Lisa Ring
Also asked:
I also note that you wish to separately require “universal background checks,” and “end the gun show loophole. What do you believe to be the “gun show loophole”?

How will you make criminals conduct “universal background checks” on the unlawful transactions that are how 96% (theft, black market, friends and family) of guns used in crimes are obtained?

No response.


Barbara Seidman

No response.


Republicans

Earl “Buddy” Carter (Incumbent)

No response.


Danny Merritt
Also asked:
“We must do a better job of enforcing current laws, especially background checks, so that guns stay out of the wrong hands.”

What specifically would you do to “do a better job” of enforcing background checks?

Merritt’s campaign manager, Jeanne Seaver, replied.

We would like to request a meeting to address your questions face to face.

I took that as an attempt to avoid answering until he could “feel me out” in person to decide what answers I wanted, rather than to go out on a limb by stating a real position. I pointed out that COVID-19 was already in the wild in Georgia and I preferred to limit in-person contacts. I also noted that emailed answers would avoid potential transcription errors, if I had to work from written notes and a recording. Seaver responded to that.

Understood. If you would like to Danny directly via telephone, let us know and we can set it up.

They still didn’t want to get pinned down in writing. At last, I received an email with the subject “Behind the 2nd Amendment 100%.” The entirety of the message was this.

Believe there are ample laws on the books and we should focus on enforcing them.

No specific question was addressed. I don’t even know if that statement is from the candidate, or is the manager’s summary of his “position.”


Ken Yasger
Also asked:
“Why does someone need an assault rifle? […] The answer is simple, they abide by the laws and the Second Amendment gives them the right.”

Based on that statement, will you support repealing the National Firearms Act of 1934 and the new machine gun ban provision of the Firearm Owners Protection Act of 1986?

The question was intended to highlight his use of the term “assault rifle” and to discover if he was misusing it, as I suspect.

No response.


The candidates were asked these questions weeks before our region began locking down, closing offices. There is no reason for their lack of response.

It is inexcusable. At a time when the Democrats are pushing victim disarmament monstrosities like HR 5717, it is imperative that Americans know exactly where their would-be representatives stand on the Second Amendment. For those short-sighted enough to not particularly care about that, a stated position on the 2A is still a good litmus test for the candidates’ respect — or lack of — for rights generally.

But maybe it doesn’t really matter. Georgia’s governor has already “postponed” elections… again.

[Permission to republish this article is granted so long as it is not edited, and the author and The Zelman Partisans are credited.]

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A Semi-Auto Ban I Can Support

Relax. Just wait for it.

I wrote to my state senator, asking him to vote for an amended version of Georgia Senate Bill 281: Dangerous Instrumentalities and Practices; possession of automatic and semi-automatic guns; prohibit; revise and provide definitions.

“Amended” version, because the bill includes some troubling things like a ban on “high capacity” magazines (10+) and outlawing private sales at gun shows. But I want the ban — total, not just “assault weapons;” no grandfathering — to pass as written. It’s all in the definition of “automatic and semi-automatic guns.”

As used in this part, the term:
(1) ‘Automatic or semi-automatic gun’ means any weapon which shoots or is designed to shoot:
(A) Automatically, more than six shots, without manual reloading, by a single function of the trigger; or
(B) Without any action needed to fire consecutive shots, other than having ammunition loaded in such weapon’s feeding device.

You see it, don’t you? Maybe not: “Automatically, more than six shots” or “Without any action”

So this letter went to Georgia Senator William Ligon, 3rd District:

Sen. Ligon,

I’m one of your constituents in St Marys, and a writer for The Zelman Partisans and The Truth About Guns. I cover firearms policy and law.

Sen Donzella James has filed SB 281 (Dangerous Instrumentalities and Practices; possession of automatic and semi-automatic guns; prohibit), I hope you will consider the following actions and encourage your fellow legislators to go along.

1. Amend to strike the ban on “high” capacity magazines (more than ten rounds) and private sales at gun shows.

2. Vote to pass the remaining ban on “possession of automatic and semi-automatic guns.”

As written, Sen. James has succeeded in “banning” semi-autos without actually banning anything, except possibly malfunctioning firearms. Passing this would be hilarious. If you aren’t quite sure why, this column explains.

www.thetruthaboutguns.com/georgia-senate-bill-281-would-ban-all-semi-automatic-firearms/

Thank you for your time.

Carl “Bear” Bussjaeger

If you live in Georgia, you may want to contact your own senator.

For those concerned about Georgians losing machine guns, worry not. The bill leaves intact existing language in the law which had already banned machine guns unless they’re registered under the NFA.

[Permission to republish this article is granted so long as it is not edited, and the author and The Zelman Partisans are credited.]

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GA Gov-candidate Stacey Abrams: Ban Everything!

I wish I’d seen this yesterday.

Democrat Stacey Abrams: Banning Guns No Different Than Banning Radar Detectors
The host asked if she was really going to take away people’s guns, and Abrams responded by comparing bans on radar detectors with bans on commonly owned semiautomatic firearms.

She said, “I support a law that will ban ‘assault weapons.’ And just as when we banned radar detection, for example, some people turned in their devices, some people kept them and just refused to use them anymore.”

My perennial question: Do victim-disarming gun people controllers really believe the stupid claims they make, or do they just hope their potential voters are that stupid?

With Abrams, it’s really hard to tell, and probably a mix of her disdain for her constituents and her own demonstrated stupidity. I figure she is pretty representative of Georgia Democrats who “redacted” email addresses (from incriminating voter registration hacking emails by deleting the addresses…

… and leaving the redaction brackets linked to the email addresses.

Note to any GA Dem site visitors, particularly Abrams voters: Radar detectors are legal in passenger vehicles in every state except Virginia. And they aren’t “banned” there; it’s just a fine for having one in your car.


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GA Gov-hopeful Stacey Abrams: A weapon of mass stupidity

Stacey Abrams is a Democrat running for governor in Georgia. She’s running on a platform of mass violation of human/civil rights.

Democrat Stacey Abrams: AR-15s Are ‘Weapons of Mass Destruction,’ Must Be Banned
Abrams said she is not “anti-gun,” then listed numerous gun controls, including an all-out ban on commonly owned semiautomatic firearms.

Without noting how she would manage that.

She then described AR-15s as “weapons of mass destruction” and made clear her position that they should be banned from civilian ownership:

This is what I came to expect from victim disarmers a long, long time ago. She is too stupid to realize that “weapons of mass destruction” are actually a thing. And semiautomatic rifles aren’t WMD.

Let’s say she manages to pass a ban on AR-pattern rifles. How will she implement it? How is she going to bell that cat will Abrams lead the stack on confiscation raids, or leave your cops to die for your megalomaniacal dream?

Maybe Abrams simply thinks (hope? dream?) Georgians will be more compliant than Californians, New Yorkers, Connecticut(ians?). Heck, Vermont couldn’t get folks to turn in more than two bump-fire stocks in the entire state.

Does she really think Georgians will go along?

Oh. And Abrams, I realize that if you can’t tell the difference between semiauto rifles and nuclear/biological/chemical weapons, more subtle things probably are well beyond your mental reach. So I’ll tell you a not-so-secret: stalkers and domestic abusers are already prohibited from firearms ownership.

See? Your job is done. Drop out of the race and go home.


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Georgia teachers must be even worse than I thought

The two main contenders for governor in Georgia are a guy who talks a good enough game on firearms-related human/civil rights that I might’ve voted for him if he weren’t a Republican (long story), and a gun-grabbing lunatic of a Democrat.

But I repeat myself.

Let’s settle our stomachs with a little Pepto and take a look at Democrat Stacey Abrams.

Ms. Abrams believes that “gun safety measures are essential to keeping Georgia’s schoolchildren safe.”.

“Commonsense gun safety measures, including repealing campus carry, are essential to ensuring our schools are safe,” said Abrams’ spokeswoman Priyanka Mantha.

In Georgia, allowed “campus carry” is restricted to licensed adults 21 and older on college campuses. Not schoolchildren. Maybe; but I suspect that there isn’t much intersection between the groups of GWL holders and diagnosed crazies.

For the record, there have been exactly zero criminal shootings on campus by GWL holders since campus carry went into effect. Or before.

What else does Abrams think is “safe”?

Abrams’ platform for gun safety measures includes universal background checks, the introduction of a 3-day waiting period and banning assault weapons.

No word on how criminals — 94% percent of whom bypass all laws by obtaining their firearms through unlawful channels — will be forced to undergo universal preemptively-prove-your-innocence prior restraint checks. I tried to get a statement from Carol Bowne on waiting periods, but she was unavailable for comment.

But it was Abrams’ position on arming teachers that really struck me.

Abrams has said that arming teachers is dangerous and distracts them from educating.

Either Abrams is projecting her own sad cerebrally-challenged limitations onto our teachers, or Georgia’s teachers are easily distracted, unable to organize thoughts, and too dangerous to be in rooms with helpless children.

Allow me to list a few things I’ve successfully done while armed. It’s far from comprehensive.

  • teach classes
  • attend classes
  • operate a wide assortment of motor vehicles
  • operate a wide assortment of power tool, including chainsaws
  • ditto manual hand tools
  • maintain and repair telecommunications systems, including high power tropspheric scatter communications across internal borders and digital telephone switches.
  • perform security patrols
  • walk, talk, and chew bubble gum
  • vote
  • design book dust jackets and covers
  • write technical manuals
  • write hard science fiction novels
  • write pro-RKBA columns
  • look after small children
  • graphic design
  • build web sites
  • repair automobiles
  • repair lawn irrigation systems
  • check the mail (where I lived, that was a necessity due to all the bears)
  • eat a meal
  • prepare a meal
  • clean up after

To summarize: live a normal life, doing all then usual (and sometimes unusual) stuff of everyday living.

If the gun absorbs all your attention, you’re doing it wrong. Even in defensive circumstances, you are certainly aware of the gun, but your attention is on the situation — situational awareness.

I find my phone far more distracting (when it rings) than my sidearm.

If Georgia teachers are incapable of successfully doing just the first thing thing on my list, then they probably shouldn’t have a gun.

Nor should they be teachers.

And I’m quite certain that Stacey Abrams shouldn’t be governor — nor much of anything that doesn’t involve a guardian — for the same reason.


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