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freedom1776
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Posted: Wed Nov 5th, 2008 12:03 am |
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I'm driving through GA and my state's license is not recognized, I was reading how some Georgia law says that anyone without a license can carry in their own car.
So my question is if I keep my pistol in my vehicle the entire time I should be legal right? Does it have to be in any specific place and what about getting pulled over do I have to inform the officer?
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rmodel65
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Posted: Wed Nov 5th, 2008 08:58 am |
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no duty to inform, since your ineligible to get a GFL you cant carry loaded iirc and it must be in the glove box .
http://georgiapacking.org/GaCode/?title=16&chapter=11§ion=126
get a NH license for 20$
Last edited on Wed Nov 5th, 2008 09:00 am by rmodel65
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NavyLT
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Posted: Wed Nov 5th, 2008 04:38 pm |
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rmodel65 wrote: no duty to inform, since your ineligible to get a GFL you cant carry loaded iirc and it must be in the glove box .
http://georgiapacking.org/GaCode/?title=16&chapter=11§ion=126
get a NH license for 20$
Ummm, that same website that you reference above seems to have a different interpretation of that law:
http://georgiapacking.org/law.php
This code section does not forbid the carrying of a loaded handgun in any private motor vehicle by a person who is not licensed, but also who is not prohibited from possessing a firearm, in an open manner and totally exposed to view. For those who are not listed as ineligible for a license (found below in the "Firearm License Carrying" section) may also place the gun anywhere inside the vehicle. A person who has a license issued under code 16-11-129 may carry a loaded handgun in any location, openly or concealed, in the vehicle. (This section does not address the legality of concealing a loaded rifle or shotgun in one's motor vehicle. I would assume that if you have a license then you would be fine, but use common sense and caution)Violation of this code section is a misdemeanor for a first offense and a felony for a 2nd or subsequent offense.(16-11-126)
And, if you read further down on the same page, it would appear as if the OP is NOT inelligible for the license and therefore may also place the gun anywhere inside the vehicle.
I happen to read the law the same way.
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rmodel65
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Posted: Wed Nov 5th, 2008 04:41 pm |
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he is ineligible as he does not live in GA
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NavyLT
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Posted: Wed Nov 5th, 2008 05:42 pm |
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rmodel65 wrote: he is ineligible as he does not live in GA
Again the same website seems to disagree with that interpretation as well. Their comment on the law defines ineligible persons as those not meeting the requirements of OCGA 16-11-129 sections (b).(1) through (6). He meets the eligibility requirements for the license, just not the residency requirement - two different things, two different sections in the code. The residency requirement is in OCGA 16-11-129 (a).
From the plain english page of the website:
A license issued under code 16-11-129 is a Georgia Firearms License and it is issued to bond recovery agents and citizens wishing to exercise their "right to carry". This license is subject to restrictions of carry found in Georgia code 16-11-126 - 16-11-129. To qualify for this license you must NOT be any of these exceptions; No license will be granted to:
1. Any person who is prohibited from possessing firearms pursuant to 18 U.S.C. Section 922
2. Any person under 21 years of age;
3. Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11-126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated;
4. Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation or any person who has been convicted of a forcible misdemeanor and has not been free of all restraint or supervision in connection therewith for at least five years or any person who has been convicted of a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application;
5. Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his or her application. The probate judge may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether a license to carry a pistol or revolver should be issued. When such a waiver is required by the probate judge, the applicant shall pay to the probate judge a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Human Resources, which the probate judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the license; or
6. Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug.
7. Any person not lawfully present in the United States.
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rmodel65
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Posted: Wed Nov 5th, 2008 05:51 pm |
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NavyLT wrote: rmodel65 wrote: he is ineligible as he does not live in GA
Again the same website seems to disagree with that interpretation as well. Their comment on the law defines ineligible persons as those not meeting the requirements of OCGA 16-11-129 sections (b).(1) through (6). He meets the eligibility requirements for the license, just not the residency requirement - two different things, two different sections in the code. The residency requirement is in OCGA 16-11-129 (a).
so he is ineligible  http://www.georgiacarry.org/cms/2008/06/27/gco-challenges-refusal-to-issue-gfls-to-nonresidents/
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NavyLT
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Posted: Wed Nov 5th, 2008 06:24 pm |
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Will you at least grant me that he can carry loaded in the vehicle so long as it is not concealed regardless of whether he is eligible or ineligible for the GFL and so long as he is not prohibited from possessing firearms?
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rmodel65
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Posted: Wed Nov 5th, 2008 08:51 pm |
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| (e) This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle.
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NavyLT
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Posted: Thu Nov 6th, 2008 04:17 pm |
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rmodel65 wrote: (e) This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle. OK. So let me get this straight. 1. A non-resident without a CPL that GA recognizes cannot open carry a gun without a hunting or fishing license because of (and notice it does not say loaded or unloaded):
O.C.G.A. § 16-11-128
Carrying pistol without license
(a) A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner.
2. A non-resident cannot carry a gun unloaded and in a case outside their vehicle because of:
O.C.G.A. § 16-11-126
Carrying a concealed weapon
(a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, knuckles whether made from metal, thermoplastic, wood, or other similar material, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.
(d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition.
3. The ONLY thing that a non-resident CAN do is to carry an unloaded firearm in their vehicle, but there is NO legal way for that non-resident to put the firearm in their vehicle or remove it from their vehicle in Georgia? That means that the non-resident must enter Georgia with the firearm in their vehicle, leave Georgia with the firearm in their vehicle, but cannot remove that firearm from their vehicle, even unloaded and cased, while in Georgia?
Last edited on Thu Nov 6th, 2008 04:20 pm by NavyLT
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rmodel65
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Posted: Thu Nov 6th, 2008 07:30 pm |
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NavyLT wrote: rmodel65 wrote: (e) This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle. OK. So let me get this straight. 1. A non-resident without a CPL that GA recognizes cannot open carry a gun without a hunting or fishing license because of (and notice it does not say loaded or unloaded):
O.C.G.A. § 16-11-128
Carrying pistol without license
(a) A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner.
2. A non-resident cannot carry a gun unloaded and in a case outside their vehicle because of:
O.C.G.A. § 16-11-126
Carrying a concealed weapon
(a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, knuckles whether made from metal, thermoplastic, wood, or other similar material, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.
(d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition.
3. The ONLY thing that a non-resident CAN do is to carry an unloaded firearm in their vehicle, but there is NO legal way for that non-resident to put the firearm in their vehicle or remove it from their vehicle in Georgia? That means that the non-resident must enter Georgia with the firearm in their vehicle, leave Georgia with the firearm in their vehicle, but cannot remove that firearm from their vehicle, even unloaded and cased, while in Georgia?
pretty much, if you read the law about possessing the handgun you have to have a license to carry in your own yard.unless your doing the hunting thing
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mdgary
Regular Member
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Posted: Fri Nov 7th, 2008 02:57 am |
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rmodel65 wrote: NavyLT wrote: rmodel65 wrote: (e) This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle. OK. So let me get this straight. 1. A non-resident without a CPL that GA recognizes cannot open carry a gun without a hunting or fishing license because of (and notice it does not say loaded or unloaded):
O.C.G.A. § 16-11-128
Carrying pistol without license
(a) A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner.
2. A non-resident cannot carry a gun unloaded and in a case outside their vehicle because of:
O.C.G.A. § 16-11-126
Carrying a concealed weapon
(a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, knuckles whether made from metal, thermoplastic, wood, or other similar material, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.
(d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition.
3. The ONLY thing that a non-resident CAN do is to carry an unloaded firearm in their vehicle, but there is NO legal way for that non-resident to put the firearm in their vehicle or remove it from their vehicle in Georgia? That means that the non-resident must enter Georgia with the firearm in their vehicle, leave Georgia with the firearm in their vehicle, but cannot remove that firearm from their vehicle, even unloaded and cased, while in Georgia?
pretty much, if you read the law about possessing the handgun you have to have a license to carry in your own yard.unless your doing the hunting thing
Dang!
When I go to my brothers house in GA. I have more rights to carry a firearm than he does (with a NH permit) and he is a GA. resident .With his permission of course..
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rmodel65
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Posted: Fri Nov 7th, 2008 02:59 am |
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thats because our gun laws have a shady past 
http://www.georgiacarry.org/cms/2007/11/14/georgias-racist-gun-laws/
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NavyLT
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Posted: Fri Nov 7th, 2008 03:33 pm |
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mdgary wrote:
Dang!
When I go to my brothers house in GA. I have more rights to carry a firearm than he does (with a NH permit) and he is a GA. resident .With his permission of course..
Well, if I wasn't in the military and I was in the situation of being a non-resident visiting Georgia without a permit, I would get some official opinion of what the law really means from the attorney general. I still think the eligibility requirements for the pistol permit are completely seperate from the residency requirements. I still hold to my belief that if any person meets all the requirements of OCGA 16-11-129 sections (b).(1) through (6) - then they have met the eligibility requirements and those requirements are completely seperate from the residency requirement in OCGA 16-11-129 sections (a).
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rmodel65
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Posted: Fri Nov 7th, 2008 07:36 pm |
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I imagine MP will be in here some time. if that was the case then i doubt he would be suing the state over it
another thing worth noting is that if your in your personal car and your a resident you can carry in it
http://www.georgiacarry.org/cms/georgias-carry-laws-explained/frequently-asked-questions/
Q: I don’t have a GFL. Can I carry in my car?
A: If you are eligible for a firearms license, then you may carry a firearm anywhere inside your vehicle, concealed or openly. You may not carry a firearm in a car belonging to another person.
so if you rent a car you cannot carry in the rented car
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NavyLT
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Posted: Sat Nov 8th, 2008 01:40 am |
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rmodel65 wrote: I imagine MP will be in here some time. if that was the case then i doubt he would be suing the state over it
another thing worth noting is that if your in your personal car and your a resident you can carry in it
http://www.georgiacarry.org/cms/georgias-carry-laws-explained/frequently-asked-questions/
Q: I don’t have a GFL. Can I carry in my car?
A: If you are eligible for a firearms license, then you may carry a firearm anywhere inside your vehicle, concealed or openly. You may not carry a firearm in a car belonging to another person.
so if you rent a car you cannot carry in the rented car
So then apply that to renting a house. Then you can't have your firearms in a rented house either because you are not the owner of the property. And what a about a leased car? A person who leases a vehicle is not the owner of the vehicle until they purchase it at the end of the lease. I am not saying you are right, because I do disagree with you, I am just saying, apply your logic completely across the board. If you have a valid rental agreement whether it be of a house, vehicle or motel room, for the purposes of firearms possession, that vehicle, house or motel room becomes your vehicle or residence during the time frame that the rental agreement is in effect.
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rmodel65
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Posted: Sat Nov 8th, 2008 08:10 am |
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it seems crazy but our laws were written like that on purpose http://www.georgiacarry.com/county/fulton_nonres/Doc%2014%20Resp%20to%202nd%20MTD.pdf scroll down to around page 15 on the pdf
Plaintiffs, however, are prohibited from carrying a handgun at all in Georgia.
Under O.C.G.A. § 16-11-126, Plaintiffs are prohibited from carrying a concealed
weapon (including a handgun) without a GFL. Under O.C.G.A. § 16-11-128,
Plaintiffs are prohibited from carrying a pistol, without a GFL, outside of “his or her”home, motor vehicle, or place of business. Plaintiff Goyke does not have a home or
place of business in Georgia. Amended Complaint, ¶ 27. He usually does not have
his own motor vehicle when he visits Georgia. Amended Complaint, ¶ 26. Carrying a
pistol without a GFL in another’s motor vehicle is not permitted by Georgia law.
SeeHubbard v. State, 210 Ga. App. 141, 143 435 S.E.2d 709, 711 (1993) (“the fact that he
was carrying the pistol in a motor vehicle which was not his own did not negate the
need for a license”). The Hubbard court emphasized that a license is needed for
someone to carry a firearm “outside his home, motor vehicle, or place of business,”
id. [emphasis in original]. This implies that carrying in another’s home also would be
a violation.
Thus, Plaintiff Goyke is not,permitted to carry a pistol without a GFL, openly or
concealed, anywhere in Georgia, even in the private home of his Georgia relatives.
By denying him the right to apply for and receive a GFL through the disparate
treatment of residents and nonresidents, Defendant has completely barred Plaintiff
Goyke from carrying the quintessential self defense weapon anywhere in this state.
Such a blanket prohibition on the exercise of a fundamental right is impermissible,particularly when the state is denying the right to nonresidents but permitting it to
residents.
Last edited on Sat Nov 8th, 2008 08:23 am by rmodel65
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bradpiit
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Posted: Tue May 5th, 2009 04:24 am |
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HELLO SIR!!
I am a lawyer by profession and i want to tell you that carrying a pistol in a car is legal but along with license and you also dont have car license so try to get atleast car license so that you can show to the police when asked for!!
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brad pitt
South Carolina Drug Treatment Centers
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rmodel65
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Posted: Tue May 5th, 2009 07:24 am |
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if your not a GA resident then you are ineligible for a GA firearms license so you must carry in accordance with federal transport laws
or have a license with reciprocity
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NavyLT
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Posted: Tue May 5th, 2009 09:32 am |
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rmodel65 wrote: if your not a GA resident then you are ineligible for a GA firearms license so you must carry in accordance with federal transport laws
or have a license with reciprocity
rmodel65,
Look at who you replied to in this 6 month old thread :-). I am sure the South Carolina Drug Treatment Center appreciates the correct information, but I don't think it will be much use to them :-)
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