GA Law

This is a discussion on GA Law within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; cant carry in someone elses car : Caselaw, State v Burns visible gun is concealed in a car: Caselaw on GeorgiaPacking.org, Parrish v. State, 228 ...

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  1. #16
    Senior Member Array rmodel65's Avatar
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  3. #17
    Member Array j21blackjack's Avatar
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    Quote Originally Posted by j21blackjack View Post
    From the way I read it

    a) your motor vehicle is a habitation and is treated exactly the same as your house
    O.C.G.A. 16-3-23
    Use of force in defense of habitation


    A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

    (1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;

    (2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or

    (3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.


    O.C.G.A. 16-3-24.1
    Habitation and personal property defined

    As used in Code Sections 16-3-23 and 16-3-24, the term "habitation" means any dwelling, motor vehicle, or place of business, and "personal property" means personal property other than a motor vehicle.

    O.C.G.A. 16-11-128
    Carrying pistol without license


    (a) A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner.

    (b) Upon conviction of the offense of carrying a pistol without a license, a person shall be punished as follows:

    (1) For the first offense, he shall be guilty of a misdemeanor; and

    (2) For the second offense, and for any subsequent offense, he is guilty of a felony, and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years.

    (c) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state.

    O.C.G.A. 16-11-126
    Carrying a concealed weapon


    (a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, knuckles whether made from metal, thermoplastic, wood, or other similar material, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.

    (b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows:

    (1) For the first offense, he or she shall be guilty of a misdemeanor; and

    (2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years.

    (c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person's clothing, or a handbag, purse, attache case, briefcase, or other closed container. Any person having been issued a license to carry a concealed weapon pursuant to Code Section 16-11-129 shall be permitted to carry such weapon, subject to the limitations of this part, in all parks, historic sites, or recreational areas as defined by Code Section 12-3-10 and in all wildlife management areas.

    I think it's pretty clear by these codes that your motor vehicle is one in the same as your home or place of business.


    b) you can conceal or open carry in you motor vehicle

    O.C.G.A. 16-11-126
    Carrying a concealed weapon


    (a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, knuckles whether made from metal, thermoplastic, wood, or other similar material, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.

    (b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows:

    (1) For the first offense, he or she shall be guilty of a misdemeanor; and

    (2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years.

    (c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person's clothing, or a handbag, purse, attache case, briefcase, or other closed container. Any person having been issued a license to carry a concealed weapon pursuant to Code Section 16-11-129 shall be permitted to carry such weapon, subject to the limitations of this part, in all parks, historic sites, or recreational areas as defined by Code Section 12-3-10 and in all wildlife management areas.

    (d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition.

    (e) This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle.


    c) can't find anything that forbids non-residents to the same rights as residents

    (see below code 16-11-126(E) )

    O.C.G.A. 16-11-126
    Carrying a concealed weapon


    (a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, knuckles whether made from metal, thermoplastic, wood, or other similar material, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.

    (b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows:

    (1) For the first offense, he or she shall be guilty of a misdemeanor; and

    (2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years.

    (c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person's clothing, or a handbag, purse, attache case, briefcase, or other closed container. Any person having been issued a license to carry a concealed weapon pursuant to Code Section 16-11-129 shall be permitted to carry such weapon, subject to the limitations of this part, in all parks, historic sites, or recreational areas as defined by Code Section 12-3-10 and in all wildlife management areas.

    (d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition.

    (e) This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle.

    So if you read (d) and (e) they say exactly the same thing except (d) is transporting locked and unloaded firearms and (e) is transporting loaded firearms. So what you are saying is that a non GA resident can't transport a firearm in a motor vehicle at all, if you read (d) and (e) the same way.



    d) you should seriously consider getting a non-resident license from a decent state like FL, PA, or UT, it's very easy and very convienient.

    Please provide proof to back up your statements at least.

    Can someone please give me a link to the non-resident GA laws?

    Last thing, if you are active duty military, you are exempt from most of GAs' carry laws don't need a permit for carry at all (here and here)
    This is all I have time for now, I will check back tomorrow to counter argue my point again, as I'm sure someone will have a different interpretation of black and white.

  4. #18
    Member Array zlzgrom86's Avatar
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    Quote Originally Posted by rmodel65 View Post
    OCGA 16-11-126 on GeorgiaPacking.org




    see the underlined portion if you are a non resident without a reciprocal license you can not carry in your car because you are ineligible to receive a Georgia Firearms License.............


    16-11-129:
    OCGA 16-11-129 on GeorgiaPacking.org

    (b) Licensing exceptions. No license or renewal license shall be granted to:

    (1) Any person who is prohibited from possessing firearms pursuant to 18 U.S.C. Section 922;

    (1.1) Any person under 21 years of age;

    (2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11-126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated;

    (3) Any person who has been convicted of a felony by a court of this state or any other state..."

    (4) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his or her application.

    (5) (A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug.
    Furthermore:
    georgia.gov - Georgia's Firearm Permit Reciprocity

    A non-resident of Georgia to whom has been issued a firearm license by a state listed above may carry a firearm while in Georgia in accordance with Georgia law. A person who is not among those enumerated as ineligible for a firearm license under O.C.G.A. Section 16-11-129 is not forbidden from transporting a loaded firearm in any private passenger motor vehicle.


    That means to be deemed "ineligable" you would have to be a felon, drug addict, in a mental hospital, or under 21.

  5. #19
    Senior Member Array rmodel65's Avatar
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    16-11-126 (e) is the key to the whole entire argument he is not eligible because he is not enumerated as eligible as GA doesnt issue non resident permits.............................


    GA will not ever issue him a permit
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  6. #20
    Member Array j21blackjack's Avatar
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    "That means to be deemed "ineligable" you would have to be a felon, drug addict, in a mental hospital, or under 21."

    Dangit, I meant to say that too.

  7. #21
    Senior Member Array rmodel65's Avatar
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    here you go a link to a post from the president of GCO who is also an attorney Georgia Non-Residents License - Georgia - Stories From The States - OpenCarry.org - Discussion Forum
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  8. #22
    Member Array j21blackjack's Avatar
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    Quote Originally Posted by rmodel65 View Post
    16-11-126 (e) is the key to the whole entire argument he is not eligible because he is not enumerated as eligible as GA doesnt issue non resident permits.............................


    GA will not ever issue him a permit
    Then that means non residents cannot transport locked up and unloaded firearms also, from section (d). Is that what you are saying, that unless a non-resident posseses a license from a reciprocal state, then they can't transport a firearm in the state at all? That doesn't even make sense.

    As for the inelligible for a licesne stuff, code 129 section (b) doesn't say anything about non-residents. I understand that GA does not issue non-resident licenses, but that doesn't have anything to do with this code. You shouldn't have to read between the lines on draw conclusions when reading law, you should read the black and white as it's written. So, as it's written, being a non-resident is not on the list of things to make you in-elligible, therefore you should (I am not a lawyer, and never want to be, so don't take my word for it)be fine, as long as you have a good lawyer should the need arise.

  9. #23
    Senior Member Array rmodel65's Avatar
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    GA law is screwed up and the PG clause is super vague and should be struck down as unconstitutional but it still stands........................
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  10. #24
    HKR
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    You shouldn't have to read between the lines on draw conclusions when reading law, you should read the black and white as it's written
    Unfortunately Georgia law sometimes seems like it was organized by a six year old with ADD off his meds.

  11. #25
    Senior Member Array jem102's Avatar
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    Well I am now completely confused (which is not necessarily abnormal for me) but as TN and GA have a written agreement I will continue to carry as I always have in or out of the car.
    Thanks for the clarification...I think.
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  12. #26
    Member Array j21blackjack's Avatar
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    Glad we could help?

    I agree GA law does suck pretty bad, like the whole "public gathering", how much more vague can you get. At least we can carry in resturants now, maybe one day we'll be able to carry in church also.

  13. #27
    HKR
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    [QUOTE=jem102;1422857]Well I am now completely confused (which is not necessarily abnormal for me) but as TN and GA have a written agreement I will continue to carry as I always have in or out of the car.QUOTE]

    The only differences between Ga carry and Tn carry are
    -In Ga you can carry in restuarants that serve alcohol.
    -You can carry in any park; city, county or state as long as it's not managed by the Corps of Engineers or owned by a church or college.
    -Signs mean nothing. If you are asked to leave then you must do it immediately.
    -No carry to churches, concerts, sporting events, etc, etc, etc, etc.
    No carry on any kind of church or school property unless you are picking up or dropping off a student.
    Basically if you and two of your buddies are standing in the parking lot of Lowes and a LEO decides to arrest and the DA decides to prosecute then you must prove that it wasn't a Public Gathering because there is no tangible definition.
    Having a gun in your car at these locations is just as big a crime as carrying into the event.

    There may be more differences but these are the ones that come to mind.

  14. #28
    Distinguished Member Array Agave's Avatar
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    Quick question not worth a new thread:

    Is unlicensed open carry lawful in Georgia other than in a vehicle?
    The preceding post may contain sarcasm; it's just better that way. However, it is still intended with construction and with the Love of my L-rd Y'shua.

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  15. #29
    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by Agave View Post
    Quick question not worth a new thread:

    Is unlicensed open carry lawful in Georgia other than in a vehicle?


    yes if your fishing or hunting the appropriate permit and have permission to be on the land... or be exempt from all of ga code with licensing requirements like military,LEO,judges,DAs etc

    GA is a non traditional OC state


    O.C.G.A. 16-11-128
    Carrying pistol without license

    (a) A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner.

    (b) Upon conviction of the offense of carrying a pistol without a license, a person shall be punished as follows:

    (1) For the first offense, he shall be guilty of a misdemeanor; and

    (2) For the second offense, and for any subsequent offense, he is guilty of a felony, and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years.

    (c) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state.
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