GA Gun Code (long... it's gun code!)

This is a discussion on GA Gun Code (long... it's gun code!) within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; What does everyone think of this code from the GA statutes? Found In LexisNexis by searching for "16-11-130" or in the TOC under: Title 16 ...

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Thread: GA Gun Code (long... it's gun code!)

  1. #1
    Member Array j21blackjack's Avatar
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    GA Gun Code (long... it's gun code!)

    What does everyone think of this code from the GA statutes?

    Found In LexisNexis by searching for "16-11-130" 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 2006 by The State of Georgia

    O.C.G.A. 16-11-130
    Exemptions from Code Sections 16-11-126 through 16-11-128 (these are the concealed carry w/o permit and location restriction codes)

    (a) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:

    (1) Peace officers, as such term is defined in paragraph (11) of Code Section 16-1-3, and retired peace officers so long as they remain certified whether employed by the state or a political subdivision of the state or another state or a political subdivision of another state but only if such other state provides a similar privilege for the peace officers of this state;

    (2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense;

    (3) Persons in the military service of the state or of the United States;

    (4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract;

    (5) District attorneys, investigators employed by and assigned to a district attorney's office, assistant district attorneys, attorneys employed by the Prosecuting Attorneys' Council of Georgia, and any retired district attorney, assistant district attorney, or district attorneys investigator if such retired employee is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system;

    (6) State court solicitors-general; investigators employed by and assigned to a state court solicitor-general's office; assistant state court solicitors-general; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said provision of the Constitution;

    (7) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;

    (8) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon;

    (9) Chief probation officers, probation officers, intensive probation officers, and surveillance officers employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the "State-wide Probation Act," when specifically designated and authorized in writing by the director of Division of Probation;

    (10) Public safety directors of municipal corporations;

    (11) Explosive ordnance disposal technicians, as such term is defined by Code Section 16-7-80, and persons certified as provided in Code Section 35-8-13 to handle animals trained to detect explosives, while in the performance of their duties;

    (12) State and federal trial and appellate judges, full-time and permanent part-time judges of municipal and city courts, and former state trial and appellate judges retired from their respective offices under state retirement;

    (13) United States Attorneys and Assistant United States Attorneys;

    (14) County medical examiners and coroners and their sworn officers employed by county government; and

    (15) Clerks of the superior courts.

    (b) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect persons who at the time of their retirement from service with the Department of Corrections were chief probation officers, probation officers, intensive probation officers, or surveillance officers, when specifically designated and authorized in writing by the director of Division of Probation.

    (c) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any:

    (1) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired deputy sheriff is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47;

    (2) Member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation or retired member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees' Retirement System;

    (3) Full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that is registered or certified by the Georgia Peace Officer Standards and Training Council; or retired law enforcement chief executive that formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or

    (4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that is registered or certified by the Georgia Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired employee is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system.

    In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, active or retired law enforcement chief executive, or other law enforcement officer referred to in this subsection shall be authorized to carry a pistol or revolver on or off duty anywhere within the state and the provisions of Code Sections 16-11-126 through 16-11-128 shall not apply to the carrying of such firearms.

    (d) A prosecution based upon a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 need not negative any exemptions.

    This is the GA attorney general's take on it http://www.georgiapacking.org/ga-ag/u97-13.htm

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  3. #2
    Senior Member Array ronwill's Avatar
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    Don't quite know what your question is, but if it refers to active military be able to carry I have confirmed that with the courts.

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    Member Array j21blackjack's Avatar
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    I was mainly just making sure that's what it is saying. This code also seems to exempt me from the location restrictions like church and restaurants that serve alcohol for consumption. Am I correct on this also?

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    VIP Member Array goldshellback's Avatar
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    GA resident here.....and active duty too. I am familiar with 16-11-130.
    Like ronwill, I'm unsure of your question, but you asked for an opinion, so......
    I do take advantage of this to a certin extent.......it says I can carry anywhere an off-duty LEO, corrections, judges, etc. In GA churches, any restrant that serves alcohol, any school, ANY public gathering.......16-11-126 thru 128.......there's ALOT of restrictions and it does make Georgia one of the more unfriendly states for legal gun owners.
    My sidearm, when off duty and off base, will go with me just about everywhere.
    Last night I didn't take it into the middle school gym for my daughters basketball game and for most school functions it'll get locked up in the truck.
    Otherwise, at a parade, local "dead-fish" festivals, or any other 'public gathering' (does any other state have such a vauge law?) then I'm "escorting" my sidearm with me.

    Personally I believe it's all Bull Poop.......EVERY legal GFL holder in GA., and EVERY permit holder in EVERY state for that matter, should be able to carry anywhere, anytime. The laws we follow only restrict us, not the criminals (we all know this.....sorry, I'm ranting at this point).
    I would not want to see this secition of 16-11-130 'go away' but I do want to see the restrictions 'go away'....it'd be better for all of us and so much more 'not-better' for the criminal element.

    Georgiacarry.org is a grassroots group taking these issues to the poeple and the goverments (state, county, and local).....consider becoming a member if your not already. georgiapacking.org is a place to start looking around as well.

    What's your opinion on this code?

    And Welcome Aborad DCC blackjack!
    "Just getting a concealed carry permit means you haven't commited a crime yet. CCP holders commit crimes." Daniel Vice, senior attorney for the Brady Campaign to Prevent Gun Violence, quoted on Fox & Friends, 8 Jul, 2008

    (Sometimes) "a fight avioded is a fight won." ... claude clay

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    Member Array ber950's Avatar
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    http://www.georgiapacking.org/ga-ag/u97-13.htm

    Here is the AG opinion on that code section.

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    Senior Member Array mzmtg's Avatar
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    Georgia Gun Laws “In Plain English”

    That page also has links to the actual code sections, case law and Attorney General opinions.

    Also, be aware that there are other places listed as off limits scattered throughout the state code. Service members are only exempt from those places listed in 16-11-130. All the other off limits places still apply.

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    VIP Member Array Supertac45's Avatar
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    Looks good to me.
    Les Baer 45
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