This is a discussion on GA carry within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I have talked with several LEO and dealers at the local gun shops about GA carry law and have recieved mixed answers to my situation. ...
I have talked with several LEO and dealers at the local gun shops about GA carry law and have recieved mixed answers to my situation. I am active duty military stationed in GA. The way I interpet the carry law is that Being active duty stationed in GA with PCS orders I am exempt from having to obtain a GA carry permit. Can anyone clear this up for me?
According to Federal Law as active duty Military you retain your home state regardless of where you are stationed. This mostly comes up in regards to state taxes but it applies here as well. California regularly harasses military stationed there to try to get them to pay CA income tax. I lived in CA with a CA address on my FL License, FL Registration, FL CWL, and FL listed on my LES the whole time. The question becomes what is your home state, and are they recognized by GA. One of the reasons they were trying for National Reciprocity was to allow military members to be issued a license by their home state and have it recognized wherever they are stationed. If they are recognized by GA then no problem, if not you may want to get a GA license.
Military Legal Residence and Home of Record
Servicemembers Civil Relief Act (SCRA)
SERVICEMEMBERS CIVIL RELIEF ACT
Public Law 108-189
For any service members this law will protect you on a lot of different issues such as voting, State taxes, car registrations, drivers licenses etc.Formerly cited as 50 U.S.C. App. § 574
§ 571. Residence for tax purposes
(a) Residence or domicile
A servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the servicemember by reason of being absent or present in any tax jurisdiction of the United States solely in compliance with military orders.
(b) Military service compensation
Compensation of a servicemember for military service shall not be deemed to be income for services performed or from sources within a tax jurisdiction of the United States if the servicemember is not a resident or domiciliary of the jurisdiction in which the servicemember is serving in compliance with military orders.
Colt 1911 New Agent, CTLaser
You do not work for them, they work for you.
I was the packing.org contact for years, before what-his-name became the administrator, and totally screwed it up. If you are active duty military, in Georgia, you do not have to have a ccw. You can carry on you military ID. If you cannot find the proper place in GOCA 16-11-126, let me know, and I'll help you. Hope this helps clear the BS. -
IANAL but I just looked it up and Jay Frame is apparently correct. Here is a link to an UnOfficial Georgia AG opinion to a Judge. It is a good read, and apparently your Status as active duty allows you to carry concealed or open, and your AFID counts as a License in the State of GA. You are eligable for a firearms permit if you want one.
AG Opinions - firearm
Even better than having a Concealed Weapons License it appears your Military ID gives you the same exemptions as a police officer both on and off duty as far as school zones, public gatherings, etc. You should learn the laws listed in the link, particularly O.C.G.A. § 16-11-130(a)(3) which lists military as Exemptions from Code Sections 16-11-126 through 16-11-128First, you have inquired if active duty military personnel are exempt from the permit requirements. The exemptions are set forth in O.C.G.A. § 16-11-130. I note that this Code Section exempts certain persons from "Code Sections 16-11-126 through 16-11-128." Thus, persons so exempt are exempted not only from the requirement of a permit to carry a firearm (O.C.G.A. § 16-11-128), but are also exempt from the provisions regarding the carrying of concealed weapons (O.C.G.A. § 16-11-126), carrying deadly weapons to or at public gatherings (O.C.G.A. § 16-11-127), and carrying weapons within school safety zones or at school functions (O.C.G.A. § 16-11-127.1) But see O.C.G.A. § 16-11-127.1(c)(3), which appears to limit the exemption to persons actually participating in military training programs.
Under prior versions of this statute, it was clear that the exemption applied only to the performance of official duties. See, e.g., Talley v. State, 129 Ga. App. 479, 481 (1973); 1987 Op. Att'y Gen. U87-28. However, at that time the exemptions applied to these persons while engaged in the pursuit of official duties or when authorized by law. Since that time, the statute has been amended. Official Code of Georgia Annotated § 16-11-130(a) now provides that the exemptions apply to "persons . . . employed in the offices listed below." Persons in the military service of the State of Georgia or of the United States are among those so listed. O.C.G.A. § 16-11-130(a)(3). Thus, it is my unofficial opinion that active duty military personnel are exempt under Georgia law from the requirement for a firearms permit.
Secondly, you have asked if the exemption is limited to the performance of military duties on the base. As noted above, under the current version of the statute, persons so employed are exempt; the statute no longer limits the scope of the exemption to the performance of official duties. Thus, my response to your question is in the negative.
In your third question, you ask if active duty military personnel may, notwithstanding the exemption, apply for and be issued a firearms permit. Permits may be issued only to a resident of this state whose domicile is in the county of application. O.C.G.A. § 16-11-129(a). Generally, military personnel are not residents of Georgia and thus they were not eligible for the permits under a former version of the statute. See 1976 Op. Att'y Gen. U76-71. Under the current statute, however, an active duty member of the armed services who, although not a domiciliary of this state, resides in the county or on a military reservation in the county may nevertheless obtain a firearms permit if otherwise eligible. O.C.G.A. § 16-11-129(a). Thus, it is my unofficial opinion that a member of the armed services may, provided that he is otherwise eligible for the permit, apply for and be issued a firearms permit notwithstanding the fact that he is not domiciled in Georgia.
http://www.legis.ga.gov/ (go to Georgia Code and it will link to all of the laws for the State of GA.)
§ 16-11-126. Carrying a concealed weapon
§ 16-11-127. Carrying deadly weapons to or at public gatherings; affirmative defenses
§ 16-11-127.1. Carrying weapons within school safety zones, at school functions, or on school property
§ 16-11-127.2. Firearm or weapon on premises of nuclear power facility
§ 16-11-128. Carrying pistol without license
I am definetly not a lawyer or living in GA for that matter, but the link above should help you learn a lot more about the laws in GA.Finally, you have inquired about the scope of the exemption from the concealed weapon, public gathering, school zone, and license provisions applicable to full-time peace officers. Peace officers are exempted from these provisions by O.C.G.A. § 16-11-130(a)(1). The scope of the exemption is the same as that for active duty military personnel. Thus, it is my unofficial opinion that the exemption for peace officers is not limited to their duty hours.
In sum, it is my unofficial opinion that active duty military personnel are exempt from the requirement of a firearms license. The exemption is not limited to military activity on the military reservation. Although not domiciled in this state, active duty military personnel may nevertheless obtain a firearms license if they are otherwise qualified. Dependents of military personnel are not eligible for a firearms license unless the Probate Judge first determines that they have established domicile in that county. Full-time peace officers are entitled to the same exemption as are active duty military personnel.
We can not be outdone like this we in Florida have to update our laws quickly :)
Colt 1911 New Agent, CTLaser
You do not work for them, they work for you.
Thanks guys for helping me clear this up. I still think I am going to get the carry permit because alot of LEO are not aware of how the regulations read. Like I said earlier I have talked with several people and recieved different answers. Now that I know where to find the info, I can have it as ammo until I get the carry permit.
It took me a week to get my GFL and it was unbelievably simple. Some counties may take longer but whatever the wait it is worth it to have when carrying or when the urge bites you at the gun show or pawn shop. I'd also recommend you check out Georgia Carry, they do alot to preserve a really great gun ownership state.
Georgia Carry : An information clearinghouse for Georgia Firearms License issues and news
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