Passing through GA

This is a discussion on Passing through GA within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I am passing through GA in the fall and have read some conflicting info on their gun laws. My Kansas Permit is not honored by ...

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Thread: Passing through GA

  1. #1
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    Passing through GA

    I am passing through GA in the fall and have read some conflicting info on their gun laws. My Kansas Permit is not honored by Georgia.
    Any GA residents?

    I have read that you can carry a handgun in a motorized vehicle without a permit.

    Thanks for the info
    J.S.
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  3. #2
    Senior Member Array Moga's Avatar
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    Quote Originally Posted by js View Post
    I have read that you can carry a handgun in a motorized vehicle without a permit.

    Thanks for the info
    J.S.
    TRUE.

    As long as you are not ineligible to be issued a carry permit, you can possess a firearm in YOUR car. The section of Georgia law that is applicable is OCGA 16-11-126.
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    Member Array foots402's Avatar
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    Make sure that your firearm is on the seat, thats the law for GA.
    http://www.georgiapacking.org/law.php
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    I rather be safe then sorry.
    It's better to have it when you need it then need it and dont have it.

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    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by foots402 View Post
    Make sure that your firearm is on the seat, thats the law for GA.
    Georgia Gun Laws in Plain English on GeorgiaPacking.org


    no...its pretty much impossible to open carry a pistol in a car in georgia.....


    is he eligible for a permit? he doesnt meet the residency requirement

    OP you should pick yourself a PA permit up through centre county only 26$ and youll be good to carry in georgia and youll have it in about 2 weeks ;)
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  6. #5
    Senior Member Array Moga's Avatar
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    Quote Originally Posted by rmodel65 View Post
    no...its pretty much impossible to open carry a pistol in a car in georgia.....
    WHAT does this mean exactly, in english?

    If OP has his Kansas CHL, then he is not enumerated as ineligible.

    JS, please disregard the comment about GA law requiring placement of your firearm on the seat. It is *absolutely* not true.

    Foot402, the reference source you cited is horribly out of date. It appears that firearm law has been changed twice since the gun law page was last updated at GPDO. In spite of the vintage of the info at that link, I couldn't find anything there that supports your assertion. Please make your citation from OCGA code on lexis-nexis or another reputable source for Georgia Code.
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    Distinguished Member Array Black Knight's Avatar
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    Hello. You are passing through GA in the fall so where do you plan on ending up? I ask this because you may want to look into getting a Florida permit or maybe a New Hampshire non-resident permit. I believe both are valid in GA. If you plan on being in Florida their permit would be ideal. Many folks who travel different states invest in multiple permits. Most of my travels are in the mid to southern Atlantic states and I have my home state (Virginia) permit and a NH non-resident permit. and I am good all the way from Virginia down to Florida including GA along with several other states.

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    Member Array RickN's Avatar
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    Quote Originally Posted by Moga View Post
    Foot402, the reference source you cited is horribly out of date. It appears that firearm law has been changed twice since the gun law page was last updated at GPDO. In spite of the vintage of the info at that link, I couldn't find anything there that supports your assertion. Please make your citation from OCGA code on lexis-nexis or another reputable source for Georgia Code.
    FYI, the lexis-nexis code is out-of-date too -- "*** Current through the 2009 Regular Session ***". This is ridiculous since this is where the Georgia Legislature website directs you for the "official version" and it's a year out-of-date.

    Senate Bill 308 made huge changes to the firearms/weapons sections in June, so most of the website info is inaccurate. For example, the first sections of 16-11-126 now say:
    "(a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license.
    (b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun without a valid weapons carry license, provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner.
    (c) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun provided that it is enclosed in a case and unloaded.
    (d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property, except as provided in Code Section 16-11-135.
    (e) Any person licensed to carry a handgun or weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to carry a weapon in this state, but only while the licensee is not a resident of this state; provided, however, that such licensee shall carry the weapon in compliance with the laws of this state."

  9. #8
    Senior Member Array Moga's Avatar
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    Right RickN, and welcome. SB308 is one of two bills that have been signed into law but isn't reflected on GPDO that I referred to, but I didn't check to see if L-N was yet updated. Thanks for pointing out that it isn't and sharing the applicable NEW code from 308. I did a quick look for the "anywhere in your vehicle" language without success earlier but gave up when I got busy.

    JS, there you have it. The newest update to section 126 from SB308 which passed into law last month.
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    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by Moga View Post
    WHAT does this mean exactly, in english?

    If OP has his Kansas CHL, then he is not enumerated as ineligible.

    JS, please disregard the comment about GA law requiring placement of your firearm on the seat. It is *absolutely* not true.

    Foot402, the reference source you cited is horribly out of date. It appears that firearm law has been changed twice since the gun law page was last updated at GPDO. In spite of the vintage of the info at that link, I couldn't find anything there that supports your assertion. Please make your citation from OCGA code on lexis-nexis or another reputable source for Georgia Code.


    i believe you are wrong...unless 308 changed something about non-residents carrying in cars according to case law its pretty much impossible to OC in a car....MP and JRM have both stated this and suggest maybe hanging a pistol from the rear view for a person who was under 21 under the old law.....

    A handgun "half-hidden" in the backseat "is not 'fully exposed' and therefore constitutes an illegal concealed weapon."


    A gun visibly protruding from under the driver's seat violates the law unless one has a firearms license. "This law's purpose is to compel persons carrying such weapons to display them so that others, knowing they were armed and dangerous, could avoid them."

    Motorist arrested for carrying a concealed weapon after police officer observed a handgun in the open side pocket of his passenger door during a traffic stop.

    For a motorist without a firearms license, a gun must be either in the glovebox, center console, or similar compartment, or fully exposed to the view of others. The pocket of a door is not a "similar compartment" because it does not have a closing lid
    .

    After stopping a car that had been reported as being the getaway car during a theft, an officer breifly questioned and then requested the driver exit the vehicle. The butt of a firearm was then seen sticking out between the driver and passenger seat. The gun was fully concealed by the driver before exiting and partially concealed after exiting. Conviction of carrying a concealed weapon was upheld.














    still say the OP should get the PA license and be gtg for carrying
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  11. #10
    Senior Member Array Moga's Avatar
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    Well, for starters, the applicable code clearly states "any person." Not any citizen of Georgia or some other similar limiting qualifier, but any person, who is not prohibited by law from possessing a handgun or long gun, may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license. I think that clause is plainly spelled out. So yeah, the analyses that you've linked are likely no longer relevant with the passing of SB308, especially since the OP isn't under 21 if he's been issued a CHL our of KS, and the 308 provisions were just passed last month. Some of those decisions you linked are over ten years old.
    2nd Amendment: because personal violence never makes an appointment.
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    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by Moga View Post
    Well, for starters, the applicable code clearly states "any person." Not any citizen of Georgia or some other similar limiting qualifier, but any person, who is not prohibited by law from possessing a handgun or long gun, may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license. I think that clause is plainly spelled out. So yeah, the analyses that you've linked are likely no longer relevant with the passing of SB308, especially since the OP isn't under 21 if he's been issued a CHL our of KS, and the 308 provisions were just passed last month. Some of those decisions you linked are over ten years old.


    well the question is will he be in his personal vehicle??? if no then he cant carry....

    second question is is he eligible for a permit he doesnt meet the residency requirements....
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  13. #12
    Senior Member Array Moga's Avatar
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    OK. This is my last post on this thread.

    WHY do you keep asking whether he has a permit? He has a permit from his home state of KS which isn't reciprocated with Georgia. No matter. He doesn't need one issued by the State of Georgia to pass through with his personal weapon. If he wants to *carry* his firearm on his person in the State of Georgia, outside of his car, then he needs a GA weapons license or a license issued by another state that Georgia honors. That isn't what the OP asked AFAIK, so the question of whether he has a valid permit recognized by GA is irrelevant.

    IIRC, when Georgia Code asks whether a person is eligible for a permit, that is in reference to a list of conditions in another section of the GA Firearm Act that a person would be deemed ineligible if they have any of those present on their background check. Such as a prior conviction for a violent felony, drug or alcohol intervention, being a fugitive from justice, prior gun convictions, etc. Being eligible is not failing any of THOSE conditions, which are taken from US Code very closely. Check the Gun Control Act of 1968. A person would most likely be prohibited on the federal level from even owning a gun, let alone being issued a carry license, if any of those qualifiers are met. Now, seeing as how the man has a CHL from Kansas, I feel pretty confident that he's gtg in that area.
    2nd Amendment: because personal violence never makes an appointment.
    Evil resides in the heart of the individual, not in inanimate objects.
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    Senior Member Array rmodel65's Avatar
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    what im getting at is he really eligible??? he does not meet the residency requirements....granted he might satisfy all the other requirements but fail on that part...that is why GCO filed suit in the Goyke case because the man was visiting GA in a car that wasnt his( ie rental or borrowing family members car etc) and he would not be able to even car carry
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    Well.... LOL. Thanks for the info. Seems like its not quite clear. It will be my personal vehicle and I will be passing through on the way to Florida. I really don't care about carrying on person when out of the car since I won't be stopping. Glove Compartment? On Person? or should I take the gun down into tiny pieces and swallow them, eat whole bunch of Taco Bell and try to recover them when I hit the Florida State Line.
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  16. #15
    Senior Member Array rmodel65's Avatar
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    imho i would carry in the glove box and put your insurance card etc somewhere else and not notify if stopped in a traffic stop
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    S&W 640-1 or Sig P238 as a CC rig
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