Driving thru SC, GA and Florida

Driving thru SC, GA and Florida

This is a discussion on Driving thru SC, GA and Florida within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hi, I have what I hope is an easy question for ya'll. I'm driving from SC to Florida where I will meet my husband and ...

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Thread: Driving thru SC, GA and Florida

  1. #1
    New Member Array WxGirl's Avatar
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    Driving thru SC, GA and Florida

    Hi, I have what I hope is an easy question for ya'll.

    I'm driving from SC to Florida where I will meet my husband and son.
    I want to take my son's Sig Sauer to him.

    I'll have it in a gun safe in the trunk of my car with the cartridges in a separate container, if necessary.

    Is it legal for me to take the Sig to my son? Thoughts?

    By the way, I'll be getting my CWP in the next couple of months. I've just started shooting and will also be getting my own weapon shortly.

    Thanks for your anticipated response.


  2. #2
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    Handgunlaw.us is a pretty good place to start.

    If you aren't actually planning on carrying the sig, you shoul be covered by peaceable journey laws. So if the weapon is locked in the truck, and ammo not in the magazines and in say the backseat, it shouldn't be a problem. But I'm not a lawyer.
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  3. #3
    Senior Member Array rmodel65's Avatar
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    if you dont have your FL CCW then you can not car carry in GA unless complying with the federal transport law because you're ineligible to carry in the passenger compartment because you cant get a GA GFL....
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    VIP Member Array shooterX's Avatar
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    Quote Originally Posted by rmodel65 View Post
    if you dont have your FL CCW then you can not car carry in GA unless complying with the federal transport law because you're ineligible to carry in the passenger compartment because you cant get a GA GFL....
    I don't live in Georgia so I'm not up on this, but the following from handgunlaw.us says you can with out a permit, or am I misinterpreting this section?

    RV/Car Carry Without A Permit/License
    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.

  5. #5
    VIP Member Array shooterX's Avatar
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    WxGirl read this, I think you will be ok if you follow the laternate method of transporting the firearm through Georgia as outline by this case. http://www.handgunlaw.us/documents/G...nsoleCarry.pdf


    Someone please correct me if I am incorrect in my interpretation of this.

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    VIP Member Array NC Bullseye's Avatar
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    Locked in a gun safe in the trunk unloaded is good to go.

    I hope your son realizes how lucky he is!

  7. #7
    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by shooterX View Post
    I don't live in Georgia so I'm not up on this, but the following from handgunlaw.us says you can with out a permit, or am I misinterpreting this section?

    RV/Car Carry Without A Permit/License
    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.


    if he was a resident and eligible he could car carry.... he is ineligible only because he doesnt meet the residency requirements(assuming no drug convictions of any kind its a GA prohibition for life) now according to current law someone who is ineligible is only allowed to OC, but according to current case law in GA he is pretty much SOL because its impossible to OC in a car in GA the courts have found
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  8. #8
    VIP Member Array shooterX's Avatar
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    Quote Originally Posted by rmodel65 View Post
    if he was a resident and eligible he could car carry.... he is ineligible only because he doesnt meet the residency requirements(assuming no drug convictions of any kind its a GA prohibition for life) now according to current law someone who is ineligible is only allowed to OC, but according to current case law in GA he is pretty much SOL because its impossible to OC in a car in GA the courts have found
    What about the alternate portion of the law, carrying the firearm in a glove box or console? And it doesn't say anywhere in the section that I saw that you had to be a resident of Georgia. Not trying to start an arguemnt, but want to know because I am driving from Sc to Fla myself next week for Thanksgiving with the in-laws.

    If I read this correctly, you can transport it lawfully in a glove box or console:Subsection (d) of OCGA § 16-11-126 differentiates the lawful act of "transporting" a firearm in a motor vehicle
    from the prohibited act of "concealing" it on or about one's person. Under that provision, it is permissible to
    transport a gun in an automobile so long as it is done "in an open manner and fully exposed to view or in the glove
    compartment, console, or similar compartment of the vehicle...." The phrase "in an open manner and fully exposed
    to view" tracks the unambiguous language of subsection (a). Thus, it is clearly permissible to carry a firearm in a car
    if it is openly exhibited to all on-lookers. Ross v. State, 255 Ga.App. 462, 463, 566 S.E.2d 47 (2002); Moody v.
    State, supra at 769(1), 362 S.E.2d 499.


    And this from Handgunlaw.us: 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.

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    Senior Member Array rmodel65's Avatar
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    ive read that since he isnt eligible for the GFL(because he doesnt meet the residency requirement) he must OC and with current case law its almost impossible to OC in a car


    Caselaw on GeorgiaPacking.org, Ross v. State, 255 Ga. App. 462 (2002)

    A handgun "half-hidden" in the backseat "is not 'fully exposed' and therefore constitutes an illegal concealed weapon."

    Caselaw on GeorgiaPacking.org, Parrish v. State, 228 Ga. App. 177 (1997)

    A gun visibly protruding from under the driver's seat violates the law unless one has a firearms license. "This law's purpose is to compel persons carrying such weapons to display them so that others, knowing they were armed and dangerous, could avoid them."

    Caselaw on GeorgiaPacking.org, Lindsey v. State, 259 Ga. App. 389 (2003)

    Motorist arrested for carrying a concealed weapon after police officer observed a handgun in the open side pocket of his passenger door during a traffic stop.

    Caselaw on GeorgiaPacking.org, Summerlin v. State, 295 Ga.App. 748, 673 S.E.2d 118 (2009)
    After stopping a car that had been reported as being the getaway car during a theft, an officer breifly questioned and then requested the driver exit the vehicle. The butt of a firearm was then seen sticking out between the driver and passenger seat. The gun was fully concealed by the driver before exiting and partially concealed after exiting. Conviction of carrying a concealed weapon was upheld.


    president of GCO\/ from a post on another forum
    Quote Originally Posted by Malum Prohibitum
    Mike, technically in Georgia carrying in the car is considered concealed carry (as it is in a lot of states) and requires a license. Georgia recognizes many out of state licenses. There are some exceptions in the statute, including now ANY carry in an automobile, but the exceptions, if you read closely, are all for people not enumerated as ineligible for a license.

    OCGA 16-11-126 on GeorgiaPacking.org
    "
    (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.

    "I do not know whether being ineligible due to being a nonresident is the same thing as being enumerated as ineligible, since the enumeration all seems to appear down in subsection b of 16-11-129, and nonresidency is not enumerated, but a nonresident is not eligible.

    I am not aware of a nonresident being arrested for glovebox carry in Georgia, and there is no case law addressing this issue.

    GeorgiaCarry.Org has a lawsuit pending, which we lost and is now under a motion for reconsideration, seeking to force a probate judge to issue a license to a Wisconsin resident who is ineligible to carry in Georgia (he drives a relative's car when here, and case law is clear that the exception for cars applies only to your own car).
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    VIP Member Array shooterX's Avatar
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    Quote Originally Posted by rmodel65 View Post
    ive read that since he isnt eligible for the GFL(because he doesnt meet the residency requirement) he must OC and with current case law its almost impossible to OC in a car


    Caselaw on GeorgiaPacking.org, Ross v. State, 255 Ga. App. 462 (2002)

    A handgun "half-hidden" in the backseat "is not 'fully exposed' and therefore constitutes an illegal concealed weapon."

    Caselaw on GeorgiaPacking.org, Parrish v. State, 228 Ga. App. 177 (1997)

    A gun visibly protruding from under the driver's seat violates the law unless one has a firearms license. "This law's purpose is to compel persons carrying such weapons to display them so that others, knowing they were armed and dangerous, could avoid them."

    Caselaw on GeorgiaPacking.org, Lindsey v. State, 259 Ga. App. 389 (2003)

    Motorist arrested for carrying a concealed weapon after police officer observed a handgun in the open side pocket of his passenger door during a traffic stop.

    Caselaw on GeorgiaPacking.org, Summerlin v. State, 295 Ga.App. 748, 673 S.E.2d 118 (2009)
    After stopping a car that had been reported as being the getaway car during a theft, an officer breifly questioned and then requested the driver exit the vehicle. The butt of a firearm was then seen sticking out between the driver and passenger seat. The gun was fully concealed by the driver before exiting and partially concealed after exiting. Conviction of carrying a concealed weapon was upheld.


    president of GCO\/ from a post on another forum
    Thanks for the information.

  11. #11
    Senior Member Array rmodel65's Avatar
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    i suggest applying for a NH or PA(cheaper than NH now)license and youll be good to carry in GA
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    Quote Originally Posted by buckeyeLCPL View Post
    Handgunlaw.us is a pretty good place to start.

    If you aren't actually planning on carrying the sig, you shoul be covered by peaceable journey laws. So if the weapon is locked in the truck, and ammo not in the magazines and in say the backseat, it shouldn't be a problem. But I'm not a lawyer.
    With the ammo in the backseat she would not be in compliance with the Firearms Owners Protection Act, 18 USC 926a.

    If you want the easy way to transport the gun without having to worry about legality at all, just keep the gun and the ammo in the trunk and you will be fine.

    18 USC 926a:
    US CODE: Title 18,926A. Interstate transportation of firearms

    Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

  13. #13
    Distinguished Member Array airslot's Avatar
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    If I understand the original question, it's transporting NOT carrying.
    Secured in the trunk should be no problem.
    The situation will NEVER BE THE WAY YOU WANT, it WILL BE THE WAY IT IS. You must be FLEXIBLE ENOUGH TO ADAPT and just "DEAL WITH IT".

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    I'm sure any gun that's unloaded and locked in the trunk of a car, where it is not accessible to the driver, is fine.

    In the case of an SUV or motor home, it should be in a locked case.

    In Florida, for residents at least, anyone can carry a firearm in a closed container (IE, glove box, console, etc.).

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