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Discussion Starter · #1 ·
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.
 

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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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Discussion Starter · #3 ·
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.
 

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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.


wrong.......................:aargh4:



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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wrong.......................:aargh4:



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)
 

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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.
 

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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.
Excellent post, references included.

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

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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.
 

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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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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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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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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.............:twak::twak::twak::twak::twak:
 

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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.
 

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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.............:twak::twak::twak::twak::twak:


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.
 

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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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"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.
 
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