GA Law

GA Law

This is a discussion on GA Law within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I am about to drive to Atl. and was wondering if anybody had any feedback on a GA law. The law states that if you ...

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Thread: GA Law

  1. #1
    Member Array jp3276's Avatar
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    GA Law

    I am about to drive to Atl. and was wondering if anybody had any feedback on a GA law. The law states that if you are in a vehicle registered to you your weapon can be concealed or open. Does this apply only to residents of GA or anyone traveling through GA? I only currently have a SC CWP.
    "The theory that the children of the Commonwealth are the charge of the Commonwealth is a pagan one, derived from heathen Sparta and Platoís heathen republic, and connected by regular, logical sequence with legalized prostitution and the dissolution of the conjugal tie." R.L. Dabney

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    Member Array foots402's Avatar
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    Ga law

    GA law states that your gun must be visable on the seat. Resident or non resident.

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    Member Array jp3276's Avatar
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    Quote Originally Posted by foots402 View Post
    GA law states that your gun must be visable on the seat. Resident or non resident.
    No Permit License Is needed to carry the firearm inside your Motor Vehicle either openly or
    concealed.
    The GA Court of Appeals ruled in (Hubbard v. State, 210 Ga. App. 141, 143-44 1993) that if
    you do not have a permit/license honored in GA you can only carry a firearm in “Your Own
    Vehicle.” This means you can carry in “Your Own Vehicle” without a permit/license but if you
    are riding in a vehicle that is not yours you must have a GA permit/license or a permit/license
    that GA honors to carry a loaded firearm in the motor vehicle.
    "The theory that the children of the Commonwealth are the charge of the Commonwealth is a pagan one, derived from heathen Sparta and Platoís heathen republic, and connected by regular, logical sequence with legalized prostitution and the dissolution of the conjugal tie." R.L. Dabney

    NRA Member

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    Member Array zlzgrom86's Avatar
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    The car is an extensive of your home in GA. So it can be anywhere in your car, just as it can be anywhere in your home.

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    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by zlzgrom86 View Post
    The car is an extensive of your home in GA. So it can be anywhere in your car, just as it can be anywhere in your home.


    wrong.......................



    As a non resident you can not car carry Openly or Concealed because with current case law you can't OC in a car.... and since your not eligible for a GA GFL you can not conceal.....

    Get a PA LTCF so you can carry in GA legally apply thru Centre county its only 26$
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    Member Array zlzgrom86's Avatar
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    well i was thinking of resident laws, sorry

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    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by zlzgrom86 View Post
    well i was thinking of resident laws, sorry


    it still not an extension of your home.........
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    Member Array j21blackjack's Avatar
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    Quote Originally Posted by rmodel65 View Post
    wrong.......................



    As a non resident you can not car carry Openly or Concealed because with current case law you can't OC in a car.... and since your not eligible for a GA GFL you can not conceal.....

    Get a PA LTCF so you can carry in GA legally apply thru Centre county its only 26$
    Where are you getting this information?

    To the OP, please check out Welcome to GeorgiaPacking.org, specifically the concealed and open carry portions and what is defined as "habitation"

    From the way I read it
    a) your motor vehicle is a habitation and is treated exactly the same as your house

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

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

    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)

  9. #9
    Member Array zlzgrom86's Avatar
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    Georgia
    Title 16, Chapter 11, Section 126
    (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. Carrying on the person in a concealed manner other than as provided in this subsection
    shall not be permitted and shall be a violation of this Code section.
    No Permit License Is needed to carry the firearm inside your Motor Vehicle either openly or
    concealed.

    The GA Court of Appeals ruled in (Hubbard v. State, 210 Ga. App. 141, 143-44 1993) that if
    you do not have a permit/license honored in GA you can only carry a firearm in “Your Own
    Vehicle.”
    This means you can carry in “Your Own Vehicle” without a permit/license but if you
    are riding in a vehicle that is not yours you must have a GA permit/license or a permit/license
    that GA honors to carry a loaded firearm in the motor vehicle.

  10. #10
    Member Array j21blackjack's Avatar
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    Quote Originally Posted by zlzgrom86 View Post
    Georgia
    Title 16, Chapter 11, Section 126
    (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. Carrying on the person in a concealed manner other than as provided in this subsection
    shall not be permitted and shall be a violation of this Code section.
    No Permit License Is needed to carry the firearm inside your Motor Vehicle either openly or
    concealed.

    The GA Court of Appeals ruled in (Hubbard v. State, 210 Ga. App. 141, 143-44 1993) that if
    you do not have a permit/license honored in GA you can only carry a firearm in “Your Own
    Vehicle.”
    This means you can carry in “Your Own Vehicle” without a permit/license but if you
    are riding in a vehicle that is not yours you must have a GA permit/license or a permit/license
    that GA honors to carry a loaded firearm in the motor vehicle.
    Excellent post, references included.

    I'm still waiting on a link to the GA non-resident laws.

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    Member Array zlzgrom86's Avatar
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    Quote Originally Posted by j21blackjack View Post
    Excellent post, references included.

    I'm still waiting on a link to the GA non-resident laws.

    Read the last bold thing.... it says "that if
    you do not have a permit/license honored in GA you can only carry a firearm in “Your Own
    Vehicle.”


    Take it literally. You, as a non-GA resident, do not have a permit honored in GA, therefore you can only carry in your car.

  12. #12
    Member Array j21blackjack's Avatar
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    Quote Originally Posted by zlzgrom86 View Post
    Read the last bold thing.... it says "that if
    you do not have a permit/license honored in GA you can only carry a firearm in “Your Own
    Vehicle.”


    Take it literally. You, as a non-GA resident, do not have a permit honored in GA, therefore you can only carry in your car.
    I agree with you, I thought the original question was wether or not the OP could carry in his car and no where else.

    The last bold print also applies to anyone without a GFL, not just non-residents.

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    Senior Member Array jem102's Avatar
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    OK, Ga and TN have reciprocity with each other. So, if I understand correctly, my TN permit allows concealed/open carry in my car, anyones car or out of my car as long as I follow GA's carry laws...?
    I ask as I visit GA multiple times a year and have always carried concealed but do not want to violate any laws resulting in the loss of my permit.

    Thanks in advance.
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    Sometimes there's justice, sometimes there's just us...

  14. #14
    Member Array j21blackjack's Avatar
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    With your TN permit you would be treated to the same laws a GFL holder would be. Can't stress enough to check out Welcome to GeorgiaPacking.org and read the laws yourself. The website has a plain english version and the actual code. They also have links to actual cases and AG opinions.

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    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by j21blackjack View Post
    Where are you getting this information?

    To the OP, please check out Welcome to GeorgiaPacking.org, specifically the concealed and open carry portions and what is defined as "habitation"

    From the way I read it
    a) your motor vehicle is a habitation and is treated exactly the same as your house

    (there is nothing in the law that states this you are forwarding a myth.....)

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

    (yes if you have a license or are exempt like military or LEO or are a GA resident who is eligible for the GFL with no drug,domestic or felony conviction)

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

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


    OCGA 16-11-126 on GeorgiaPacking.org

    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.

    (f) 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.

    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.............
    S&W M&P40/M&P9c OC rigs
    S&W 640-1 or Sig P238 as a CC rig
    proud www.georgiacarry.org member
    Second Amendment Foundation Life member

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