Gun laws in GA

This is a discussion on Gun laws in GA within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; OK so i'm new to all this gun stuff. Hubby enjoys fixing them up and collecting them. I do know how to shoot if i ...

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Thread: Gun laws in GA

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    Gun laws in GA

    OK so i'm new to all this gun stuff. Hubby enjoys fixing them up and collecting them. I do know how to shoot if i had to but personally they are for protection and not intended to kill someone. I also believe everyone has a constitutional right to have them. We have been put in a aweful position, Hubby got terminated due to having his firearm in his locked vehicle at work one day. Did he go to work that day with ententions on killing someon NO! He is license to carry. Sonny Perdue past a Law in 2010 that gives gun owners their right to carry in your locked vehicle at work as long as the premises is not gated or secure. In this case it is an open parking lot. The law was also revised in 2013 with no changes. I realize GA is a right to work state so we are not looking to get his job back. But do believe his Constitutional Rights have been violated. Can someone please offer some advise. Because we can't seem to find a lawyer who will take this case.
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    Without knowing more of the facts, it would be hard to make any kind of judgment. You may be able to find a lawyer through the folks at Georgia Carry : An information clearinghouse for Georgia Firearms License issues and news. The issue would probably revolve around private property rights and the rules of your husbands workplace. Was the parking lot private property (owned by the company) and did they have rules prohibiting the carry of guns on their property? Ultimately, our Second Amendment rights do not trump other peoples private property rights.

    We may get better response from some of the more legal minded folks here. Lots f knowledge and experience.
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    Welcome from South Carolina.

    First, I am not an attorney. However, having worked in GA for over 20 years, I'm of the belief that you can be terminated for any reason. They could claim that they didn't like how your husband parted his hair that morning. I think that may be why you're having difficulty finding an attorney to represent you.

    I'm sorry for your troubles for doing nothing wrong, but your time may be better spent finding an employer that doesn't wish to disallow your personal freedoms.
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    How did they know he had a firearm in his vehicle?
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    The other responses are pretty spot on. However, we are obviously missing some vital information, here. How on earth would an employer know about a firearm locked in a vehicle? Was it a company vehicle? Did he offer the information, freely? Some of GA's laws are similar to "don't ask, dont' tell". Signs don't carry the force of law, so if you don't get caught, you don't get in trouble in legal places. If it is discovered you are carrying, you can be kicked out. The same applies at a workplace. A persons job is not secure if someone finds out they are carrying on company property if the employer has a policy that doesn't allow firearms. While your husband didn't break the law, he broke company policy. If the circumstances are right, you may still have a case. However, if no lawyers are willing to take the case, for various reasons, the circumstances probably aren't in your favor. There are tons of factors to take into consideration that no one out here on the internet could possibly know about.
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    Georgia is a "Right to work state". An employer can terminate an employee for any reason, however the employer must state "factually" the reason for termination. Should the employer choose to terminate because someone's hair has changed from brown to gray, it is a legal termination. The burden for proof of illegal termination is on the employee.

    Good luck with your case. You will need it...
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    I'm with Archer & also want to know how they knew he had a firearm in his vehicle. If he told his bosses or anyone else it's all on him - fair or unfair. Carry concealed whether on your person, your home or your car & never tell.
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    Having worked as a manger for corporations with "no guns on property" rules in right-to-work states, my recommendation is look for another job and don't waste your time or money on an attorney.
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    Quote Originally Posted by archer51 View Post
    How did they know he had a firearm in his vehicle?
    That was my first thought. Your husband should seek legal counsel in this matter. He may have not only had 2A rights violated, but state law also. Without details of the event, I can only guess the employer would have violated state law here in Fl.
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    Here is the applicable GA Code on the subject. If you read it you will see that a lot depends on how the employer found out about the firearm.


    Found In LexisNexis by searching for "16-11-135" or in the TOC under:
    Title 16 - CRIMES AND OFFENSES
    Chapter 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY
    Article 4 - DANGEROUS INSTRUMENTALITIES AND PRACTICES
    Part 3 - CARRYING AND POSSESSION OF FIREARMS
    The code sections are all Copyright © 2011 by The State of Georgia
    O.C.G.A.§ 16-11-135
    Public or private employer's parking lots; right of privacy in vehicles in employer's parking lot or invited guests on lot; severability; rights of action
    (a) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall establish, maintain, or enforce any policy or rule that has the effect of allowing such employer or its agents to search the locked privately owned vehicles of employees or invited guests on the employer's parking lot and access thereto.

    (b) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employee's privately owned motor vehicle contains a firearm that is locked out of sight within the trunk, glove box, or other enclosed compartment or area within such privately owned motor vehicle, provided that any applicable employees possess a Georgia weapons carry license.

    (c) Subsection (a) of this Code section shall not apply:

    (1) To searches by certified law enforcement officers pursuant to valid search warrants or valid warrantless searches based upon probable cause under exigent circumstances;

    (2) To vehicles owned or leased by an employer;

    (3) To any situation in which a reasonable person would believe that accessing a locked vehicle of an employee is necessary to prevent an immediate threat to human health, life, or safety; or

    (4) When an employee consents to a search of his or her locked privately owned vehicle by licensed private security officers for loss prevention purposes based on probable cause that the employee unlawfully possesses employer property.

    (d) Subsections (a) and (b) of this Code section shall not apply:

    (1) To an employer providing applicable employees with a secure parking area which restricts general public access through the use of a gate, security station, security officers, or other similar means which limit public access into the parking area, provided that any employer policy allowing vehicle searches upon entry shall be applicable to all vehicles entering the property and applied on a uniform and frequent basis;

    (2) To any penal institution, correctional institution, detention facility, diversion center, jail, or similar place of confinement or confinement alternative;

    (3) To facilities associated with electric generation owned or operated by a public utility;

    (4) To any United States Department of Defense contractor, if such contractor operates any facility on or contiguous with a United States military base or installation or within one mile of an airport;

    (5) To an employee who is restricted from carrying or possessing a firearm on the employer's premises due to a completed or pending disciplinary action;

    (6) Where transport of a firearm on the premises of the employer is prohibited by state or federal law or regulation;

    (7) To parking lots contiguous to facilities providing natural gas transmission, liquid petroleum transmission, water storage and supply, and law enforcement services determined to be so vital to the State of Georgia, by a written determination of the Georgia Department of Homeland Security, that the incapacity or destruction of such systems and assets would have a debilitating impact on public health or safety; or

    (8) To any area used for parking on a temporary basis.

    (e) No employer, property owner, or property owner's agent shall be held liable in any criminal or civil action for damages resulting from or arising out of an occurrence involving the transportation, storage, possession, or use of a firearm, including, but not limited to, the theft of a firearm from an employee's automobile, pursuant to this Code section unless such employer commits a criminal act involving the use of a firearm or unless the employer knew that the person using such firearm would commit such criminal act on the employer's premises. Nothing contained in this Code section shall create a new duty on the part of the employer, property owner, or property owner's agent. An employee at will shall have no greater interest in employment created by this Code section and shall remain an employee at will.

    (f) In any action relating to the enforcement of any right or obligation under this Code section, an employer, property owner, or property owner's agent's efforts to comply with other applicable federal, state, or local safety laws, regulations, guidelines, or ordinances shall be a complete defense to any employer, property owner, or property owner's agent's liability.

    (g) In any action brought against an employer, employer's agent, property owner, or property owner's agent relating to the criminal use of firearms in the workplace, the plaintiff shall be liable for all legal costs of such employer, employer's agent, property owner, or property owner's agent if such action is concluded in such employer, employer's agent, property owner, or property owner's agent's favor.

    (h) This Code section shall not be construed so as to require an employer, property owner, or property owner's agent to implement any additional security measures for the protection of employees, customers, or other persons. Implementation of remedial security measures to provide protection to employees, customers, or other persons shall not be admissible in evidence to show prior negligence or breach of duty of an employer, property owner, or property owner's agent in any action against such employer, its officers or shareholders, or property owners.

    (i) All actions brought based upon a violation of subsection (a) of this Code section shall be brought exclusively by the Attorney General.

    (j) In the event that subsection (e) of this Code section is declared or adjudged by any court to be invalid or unconstitutional for any reason, the remaining portions of this Code section shall be invalid and of no further force or effect. The General Assembly declares that it would not have enacted the remaining provisions of this Code section if it had known that such portion hereof would be declared or adjudged invalid or unconstitutional.

    (k) Nothing in this Code section shall restrict the rights of private property owners or persons in legal control of property through a lease, a rental agreement, a contract, or any other agreement to control access to such property. When a private property owner or person in legal control of property through a lease, a rental agreement, a contract, or any other agreement is also an employer, his or her rights as a private property owner or person in legal control of property shall govern.

    HISTORY: Code 1981, § 16-11-135, enacted by Ga. L. 2008, p. 1199, § 7/HB 89; Ga. L. 2009, p. 8, § 16/SB 46; Ga. L. 2010, p. 963, § 1-9/SB 308.

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    Right to work states are tough , seek legal help . But at some point you need to have your hubby look for another job because he is not getting hired back .

    Most all attorneys want to make big money this would not produce the numbers they are looking for .
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    Just to clarify, it's not "right to work" it's "employment at will"

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    Quote Originally Posted by welder516 View Post
    Right to work states are tough , seek legal help . But at some point you need to have your hubby look for another job because he is not getting hired back .

    Most all attorneys want to make big money this would not produce the numbers they are looking for .
    Right to work state are not tough, if you do your job. There aren't too many "Labor Lawyers" in Georgia. Don't see too much use for them.......
    A wise man once said: "Bugout bag?..What's that? Is that all the junk you sidewalk commandos plan on humping when the SHTF...I'll grab a Nylon 66, a box of 22s and a poncho liner and in less than a week I will have all of your stuff and everything else that I need for the duration."

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    I have been through depositions as a manager in wrongful termination lawsuits in an employment at will (right to work) state. The plaintiffs all gave up before getting to court.
    I carry a gun, because a Cop is too heavy.

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    Besides Ga Lexis Nexis Georgia Carry or GaPacking.org. I would talk to a lawyer because even in plain English our gun laws are hard to understand.

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