No-Gun signs in GA

This is a discussion on No-Gun signs in GA within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; wberry85 I have a question related to this... Lets say things got ugly inside of Babies R Us and you were forced to take action ...

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Thread: No-Gun signs in GA

  1. #31
    HKR
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    wberry85
    I have a question related to this...

    Lets say things got ugly inside of Babies R Us and you were forced to take action with your firearm. Granted the signs hold no legal weight, would it somehow be easier for the state, or store owner, or victim to mount a case against you? Something like, "Well he was not even supposed to be carrying inside the store and it is posted."

    I am not familiar with the law, but I am guessing the fact that you had witnessed the sign is not the same as the store owner notifying you personally that carrying was prohibited within his store therefore you would be trespassing?

    I live in GA so I would like to fully understand this law before getting my GWL.

    Quote Originally Posted by goldshellback View Post
    Well, the law does NOT prohibit you from carrying in there, so in that regard you'd be 'ok'....... but there MANY other factors to be considered, would charging you with 'something' benifit the Prosocuters political goals? Were your actions actually 'just'? Public opinion (remember, your talking about a hypothetical gun 'event' at Babies-R-Us)

    Quick answer, You'd be good-to-go if every action you took in your sceniro was lawful, including carrying in a 'posted' business.

    Here is link to look at Georgia's current gun laws. It's a great place to start reviewing and studying the laws you NEED to know........
    Georgia Gun Laws in Plain English on GeorgiaPacking.org

    ....and Wberry, Welcome Aboard the fourm from a Camden County, Ga. resident............. when I'm not deployed.
    Just as goldshellback says above, as long as you can articulate the need to use your firearm, then it doesn't matter that the business is posted as it is not on the list of off limits locations set forth by the state. If your actions are found to be justified then you would also be protected by Georgia law from any civil lawsuits stemming from such an incident.

    You should definitely take a look at Georgia Carry : An information clearinghouse for Georgia Firearms License issues and news, the group responsible for the tremendous leaps made in regards to Georgia's carry laws in the last half decade. They have been the driving force behind having old, purposely vague, laws removed and in getting a set list of restricted places that do not change depending on the city, county, officer or DA involved. They have also successfully brought legal action against municipalities who chose to ignore the state's preemption of gun laws.
    If you like what you see and would like to become a member, you can do so for $15/yr.

    Goldshellback is correct that GeorgiaPacking.Org is also a good resource and if you spend a little time reading and searching there then you will see that any question you may have has been asked and answered, in detail. Many times you'll find answers from those who helped to craft the law, or spend time in Atlanta helping to get them passed, as well as from attorneys and LEOs who are experienced in the subject. I do caution you that it seems to me that there are a few "in house trolls" who now reside there and seem to take up quite a bit of space with their childish look at me posts and pointless attacks and arguments. Ignore them and you will find it a good place to learn more about Georgia's changing laws, the history behind them and how you can help improve them.

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  3. #32
    Senior Member Array Lotus222's Avatar
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    I'm also in GA. I'll just give you my opinions. Everyone is going to have different views around here. Just stay legal and do what you are comfortable with doing.

    1) Signs have no force of law. Places that are off-limits are simply that; whether they have a sign posted or not.

    My response to this is... CARRY THERE. A public establishment has no duty to protect you or your loved ones. Don't care about hurting their feelings by not abiding by their misguided views. Some have mentioned that the owners of these places have "property rights" and you should follow their "will". Well, don't forget that you have your own rights, as well. One of those being the 2A, and your right to carry and protection. If you are asked to leave for ANY REASON and you are carrying, you must do so - or potentially face trespass charges. These are public places who are inviting the public to conduct business. They have to accept the consequences and responsibilities for doing so.

    2) Without owner permission, it is illegal to carry in a bar. It is not illegal to carry into a restaurant that serves alcohol. It is also not illegal to consume a beverage and carry your gun. It is illegal to consume alcohol and FIRE your gun.

    O.C.G.A. 16-11-134
    Discharging firearm while under the influence of alcohol or drugs

    (a) It shall be unlawful for any person to discharge a firearm while:

    (1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property;

    (2) The person's alcohol concentration is 0.08 grams or more at any time while discharging such firearm or within three hours after such discharge of such firearm from alcohol consumed before such discharge ended; or

    (3) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.

    (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of possessing or discharging a firearm safely as a result of using a drug other than alcohol which such person is legally entitled to use.

    (c) Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature.
    My response again is... keep the weapon. Eat at the restaurant. Have a beer. Go on your way. Yes, getting drunk and carrying is a really bad idea - albeit not necessarily illegal. Be responsible. However, I do not recommend sacrificing you or your family's safety for having a beer with dinner. This is flawed logic. Again, be responsible. If you can operate your car (a massive deadly mechanical weapon), you can have a lifeless mechanical tool on your hip. It's not gonna jump up and act on it's own. No, I'm not condoning drinking and driving, either. Don't be stupid. Be responsible.
    tkruf, ArmyMan and DurrtyBoy like this.

  4. #33
    VIP Member Array 9MMare's Avatar
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    Quote Originally Posted by Ogre View Post
    Then it is quite simple, don't go there. No one is forcing you to, if they are then you should complain to THEM about abrogating your rights, not the store owner for expressing his rights to NOT have guns. The property owners rights trump yours on his property plain and simple, it IS his property after all. You said in an earlier post that if asked to leave you would, I posit that the signage is asking you to not even bother coming in the store with your gun. Doing so is abrogating the property owners property rights at the worst and lying at the least (if you are of the "concealed is concealed and what no one knows is no business of theirs" mindset)
    That is very likely. However if I do choose to go in and it's legal, I will carry. Am I abrogating his rights when he may very well hate my views on gay marriage and ask me to leave? Maybe but he isnt aware of it. Same with a "concealed" weapon. He has no more right to object to a gun in my purse than my cell phone IMO. It's also a matter of privacy. It's not like I'm carrying hazardous material which poses a danger to anyone in his business.

    So while I understand your perspective, this ^^ is my opinion.

    Respecting rights is a 2-way street IMO.
    Fortune favors the bold.

    Freedom doesn't mean safe, it means free.

    The thing about "defense" is that it has practically nothing to do with guns. (As passed on by CCW9MM)

  5. #34
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    I guess I just look at it from their prospective. I want my property rights respected so I respect theirs. As I expect others to abide by my wishes, so I abide by theirs. They make theirs known via signage so I follow their rules and either disarm or don't go. Frankly, if I wouldn't feel safe being without my firearm in a certain location I usually won't go there armed either. I try to avoid areas I may have to use my weapon. It is but ONE of my SD tools and the one I strive hardest not to use.

  6. #35
    VIP Member Array smolck's Avatar
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    Quote Originally Posted by Ogre View Post
    I guess I just look at it from their prospective. I want my property rights respected so I respect theirs. As I expect others to abide by my wishes, so I abide by theirs. They make theirs known via signage so I follow their rules and either disarm or don't go. Frankly, if I wouldn't feel safe being without my firearm in a certain location I usually won't go there armed either. I try to avoid areas I may have to use my weapon. It is but ONE of my SD tools and the one I strive hardest not to use.
    If the sign poster is so worried about people carrying weapons on them then they should go to their state legislature and fight to make those signs have force of law. Personally, I try and avoid places where the signs are posted (rarely do I see that in Alabama), but if I HAVE to go into one of those places and I am carrying, I don't disarm before going in, I go in, do my business and leave. No harm, no foul.

    Besides, most places that post signs do so to cover their own backsides. I could care less that corporate lawyers mandate these signs so they won't get sued. I have the right to protect myself and will, sign be danged. Is that "politically correct"? Nope. But I don't really care.

  7. #36
    New Member Array Garbageman's Avatar
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    I live in such a state that those signs hold no backing by the law also, but you must watch out that if owner/management knows you are carrying and ask you to leave because of it and you do not you are trespassing, so be careful. But I would still carry.

  8. #37
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    I dont know GA law but in FL those signs have authority of whether or not you can carry or not unless its a school or federal building. But if they ask you to leave then you have to but thats just common sense..

  9. #38
    Senior Member Array TonyDTrigger's Avatar
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    In FL is he same as GA signs have no force of law. I try to avoid those places with signs if I can, but I have gone into a couple without incident (Ikea, and AMC Theaters).

  10. #39
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    Quote Originally Posted by pittypat21 View Post
    2) If you live (or hypothetically, if you lived) in a state where No-Gun signs do NOT have the force of law, what would YOU do in this situation? Would you enter anyway, knowing that their sign holds no water? Would you return your pistol to your car? Or would you just not shop/eat at that location?
    Here in SD gun-buster signs do not have the force of law.

    It's rare to see one posted anymore, but when I do, I ignore it and enter anyway. Gun-buster signs are just paranoid people being silly, nothing more. The law needs to change to fine anyone who even posts such a sign, as it's exactly like posting a white-only sign. It's offensive and has no place in evolved society.

  11. #40
    Ex Member Array Pythius's Avatar
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    hey, its their business.

    if they wanna ban guns, its their right.

    and its your right to not eat there.
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  12. #41
    Ex Member Array ArmyMan's Avatar
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    Quote Originally Posted by Lotus222 View Post
    I'm also in GA. I'll just give you my opinions. Everyone is going to have different views around here. Just stay legal and do what you are comfortable with doing.

    1) Signs have no force of law. Places that are off-limits are simply that; whether they have a sign posted or not.

    My response to this is... CARRY THERE. A public establishment has no duty to protect you or your loved ones. Don't care about hurting their feelings by not abiding by their misguided views. Some have mentioned that the owners of these places have "property rights" and you should follow their "will". Well, don't forget that you have your own rights, as well. One of those being the 2A, and your right to carry and protection. If you are asked to leave for ANY REASON and you are carrying, you must do so - or potentially face trespass charges. These are public places who are inviting the public to conduct business. They have to accept the consequences and responsibilities for doing so.

    2) Without owner permission, it is illegal to carry in a bar. It is not illegal to carry into a restaurant that serves alcohol. It is also not illegal to consume a beverage and carry your gun. It is illegal to consume alcohol and FIRE your gun.



    My response again is... keep the weapon. Eat at the restaurant. Have a beer. Go on your way. Yes, getting drunk and carrying is a really bad idea - albeit not necessarily illegal. Be responsible. However, I do not recommend sacrificing you or your family's safety for having a beer with dinner. This is flawed logic. Again, be responsible. If you can operate your car (a massive deadly mechanical weapon), you can have a lifeless mechanical tool on your hip. It's not gonna jump up and act on it's own. No, I'm not condoning drinking and driving, either. Don't be stupid. Be responsible.
    A clear and informed post, placing personal rights above the silliness of some unreasonable property owners. Well don, sir.

  13. #42
    Ex Member Array Pythius's Avatar
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    Quote Originally Posted by ArmyMan View Post
    Here in SD gun-buster signs do not have the force of law.

    It's rare to see one posted anymore, but when I do, I ignore it and enter anyway. Gun-buster signs are just paranoid people being silly, nothing more. The law needs to change to fine anyone who even posts such a sign, as it's exactly like posting a white-only sign. It's offensive and has no place in evolved society.
    excuse me?

    the 2nd Amendment doesn't guaruntee your right to carry a firearm on SOMEBODY elses property!!!!

    it only guaruntees your right on your land....and on public land.

    what I do, on my land and in my business, is MY business...and the govt. doesn't have the right to tell me that I have to allow other people's guns on my land!!

  14. #43
    Ex Member Array Pythius's Avatar
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    Yes, "no-gun" signs on private property have no force of law, but if the owner asks you to leave because you have a gun, and you refuse to leave, well then you are trespassing....which IS a crime.

    it is mind boggling how some folks can fight tooth & nail for the 2nd Amendment, but casually disregard and even call for it to be illegal....to defend private-property rights.

    mind boggling...and truly lacking in consistensy whatsoever.
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  15. #44
    Ex Member Array ArmyMan's Avatar
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    Quote Originally Posted by Pythius View Post
    hey, its their business.

    if they wanna ban guns, its their right.

    and its your right to not eat there.
    It's also my right to ignore the sign and carry anyway.

  16. #45
    Ex Member Array Pythius's Avatar
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    Quote Originally Posted by ArmyMan View Post
    It's also my right to ignore the sign and carry anyway.
    yes, but he then has the right to call the police and have you arrested for trespassing when he asks you to leave and you stay put.

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