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A case in point for repealing the church restriction...

616 Views 10 Replies 8 Participants Last post by  latter_day_hippie
I am in the process of setting up a Home Firearms Safety course for my community in response, in part, to a flurry of new gun ownership in the community in response to some recent and well-publicized violent crimes. This is a non-shooting course that addresses safe firearms handling and storage only, with a highlight being the demonstration and then practice by participants of safe unloading of a large variety of different actions using real firearms and snap caps or other dummy ammunition.

As I am teaching the course at no cost other than that of the student packets (which is the case for anything I teach for the community), I am looking for a free venue in the neighborhood in which to teach the course. A Fellowship Hall (or the like) of a church would be perfect from a size and layout perspective, but not possible due to the current laws regarding firearms in church.

The real irony? One of the people who contacted me about taking the course is the minister of a local church. Under the current law, this individual can't offer up their own church's Fellowship Hall for a course they themselves want to take.

There is still much to accomplish in the upcoming legislative session...
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latter_day_hippie said:
There is still much to accomplish in the upcoming legislative session...
The only repsonse to that should be .....
Amen!
Could you do the course using an airsoft weapon with simulated blowback just for demonstration purposes? Using airsoft and blue guns could perhaps still allow you to utilize the church facilities.
latter_day_hippie said:
The real irony? One of the people who contacted me about taking the course is the minister of a local church. Under the current law, this individual can't offer up their own church's Fellowship Hall for a course they themselves want to take.

There is still much to accomplish in the upcoming legislative session...
A person can also approach security upon arrival and notify them of the presence of the weapon and you must follow the instructions for removing, securing, storing or temporarily surrendering the weapon or long gun.
I do not know if the minister is defined as security. But it seems to me if you have permission from the minister or the "board," you should be good to go. YMMV. IANAL. I would get said permission in writing. Just in case.
krmbigmac said:
latter_day_hippie said:
The real irony? One of the people who contacted me about taking the course is the minister of a local church. Under the current law, this individual can't offer up their own church's Fellowship Hall for a course they themselves want to take.

There is still much to accomplish in the upcoming legislative session...
A person can also approach security upon arrival and notify them of the presence of the weapon and you must follow the instructions for removing, securing, storing or temporarily surrendering the weapon or long gun.
I do not know if the minister is defined as security. But it seems to me if you have permission from the minister or the "board," you should be good to go. YMMV. IANAL. I would get said permission in writing. Just in case.
How would handling the firearms in a demonstration be considered:
Removing, Storing, Securing or Surrendering?
Kmac said:
I do not know if the minister is defined as security. But it seems to me if you have permission from the minister or the "board," you should be good to go. YMMV. IANAL. I would get said permission in writing. Just in case.
I don't believe that is how the church portion of the law is worded.
The state has argued, in GCO's litigation against it, that there is a tacit exemption in the law similar to that for bars, i.e., if you have the bar owner's permission, you are good to go.

I make no representations about what you should or should not do with this information.
kkennett said:
The state has argued, in GCO's litigation against it, that there is a tacit exemption in the law similar to that for bars, i.e., if you have the bar owner's permission, you are good to go.

I make no representations about what you should or should not do with this information.
And just to be complete, GCO has argued that no such exemption exists, and, even if it does, the exemption does not rescue the statute from being declared unconstitutional. Briefs are over at the In The Courtroom page at GCO's web site to read. A ruling is expected any time now.
Kingfish said:
krmbigmac said:
latter_day_hippie said:
The real irony? One of the people who contacted me about taking the course is the minister of a local church. Under the current law, this individual can't offer up their own church's Fellowship Hall for a course they themselves want to take.

There is still much to accomplish in the upcoming legislative session...
A person can also approach security upon arrival and notify them of the presence of the weapon and you must follow the instructions for removing, securing, storing or temporarily surrendering the weapon or long gun.
I do not know if the minister is defined as security. But it seems to me if you have permission from the minister or the "board," you should be good to go. YMMV. IANAL. I would get said permission in writing. Just in case.
How would handling the firearms in a demonstration be considered:
Removing, Storing, Securing or Surrendering?
If he was instructed to secure them in his hands for the demonstration, that is how he is instructed. I have no idea.
mountainpass said:
Kmac said:
I do not know if the minister is defined as security. But it seems to me if you have permission from the minister or the "board," you should be good to go. YMMV. IANAL. I would get said permission in writing. Just in case.
I don't believe that is how the church portion of the law is worded.
How is it worded, then?
O.C.G.A. § 16-11-127
Carrying weapons in unauthorized locations; penalty
(snip)
(b) A person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while:
(snip)
(4) In a place of worship;
(snip)
(c) Except as provided in Code Section 16-11-127.1, a license holder or person recognized under subsection (e) of Code Section 16-11-126 shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) of this Code section; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property, except as provided in Code Section 16-11-135. A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages.

(d) Subsection (b) of this Code section shall not apply:

(1) To the use of weapons or long guns as exhibits in a legal proceeding, provided such weapons or long guns are secured and handled as directed by the personnel providing courtroom security or the judge hearing the case;

(2) To a license holder who approaches security or management personnel upon arrival at a location described in subsection (b) of this Code section and notifies such security or management personnel of the presence of the weapon or long gun and explicitly follows the security or management personnel's direction for removing, securing, storing, or temporarily surrendering such weapon or long gun; and

(3) To a weapon or long gun possessed by a license holder which is under the possessor's control in a motor vehicle or is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle and such vehicle is parked in a parking facility.
Emphasis mine
Malum Prohibitum said:
And just to be complete, GCO has argued that no such exemption exists, and, even if it does, the exemption does not rescue the statute from being declared unconstitutional. Briefs are over at the In The Courtroom page at GCO's web site to read. A ruling is expected any time now.
Any chance said ruling will come before mid-January? It would make my life much easier... :D
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