I have read in this forum that members of the military are not required to have a firearms liscense to carry openly or even that they can carry concealed without a liscense. Is this true? I have been in europe for 3 years and upon returning home i will still be in the Air Force and dont want to have to wait 60 days (minimum) to get my liscense. I will, of course, obtain a liscense but can i carry without one while i wait for mine to be done?
Yes, in fact you are exempt from the public gathering law too. Georgia basically treats military the same way they do cops, judges, DAs, and others in the justice system. Your Military ID is your license. So if a LEO asks to see your license, you will show them your Military ID. The reason for getting a firearms license is it will allow you to carry in most of the surrounding states. http://www.georgiapacking.org/gflr.php
Has anyone ever heard of a member of the military being arrested or hassled because they were carrying? I have an Active Duty ID and an Air Force LEO badge with my officer number on it. Would i get hassled too much for the public gathering law? Or is it common practice to look the other way when someone is a Cop and in the military? Just wondering cause i cant risk being arrested...military doesnt look well on that.
While I have not personally heard of any military member being hassled, I do know of two law enforcement personnel who were hassled while visiting Clayton State in Morrow. I would venture a guess that there exists a significant percentage of law enforcement personnel who have never heard of the exemption for those in the military service of the State or the United States.
First let me say that hassled and arrested are 2 very different things. Like if you get out of your car, put you firearm in a IWB holster and put your shirt over the top. If someone sees you doing that the cops will probably be called about a man with a gun. To me that is a hassle, however no one will know about it unless you tell people that it happened. To keep that hassle from becoming an arrest from a misinformed LEO, I would recommend carrying a copy of the AG's opinion on military carry and the actual code that authorizes it. I would also recommend the gun be completly concealed or open before opening the car door. AG Unofficial opinion U97-13 OCGA 16-11-130
I am going to start calling the cops every time I see somebody with a cell phone clipped on their belt. And I would recommend highlighting the pertinent provisions in very bright yellow along with the LEO provision (so he will put two and two together).
I personally don't care if a cop knows of the exemption or not. I'll just ask for his supervisor. And if they attempt to arrest me, I will simply sue for wrongful arrest or something along those lines. I wouldn't mind getting a little tax money back.
That was the question the AG was asked. The question was if active duty military are exempt and is that limited to performance of their duty. To that the AG said yes active duty are exempt and no it has nothing to do with the performance of their duty. The opinion does not go beyond active duty because the question asked was only about active duty. LEO's are often mistaken about particular details of the law. The law itself does not limit military to active duty only.
The argument of active duty and reserves really doesn't matter in the eyes of the cop who is questioning you because the new ID's don't state if active duty or reserves anymore. So to a cop you are the same. There is no way to prove one way or another with a simple ID check. So in my own opinon reservist should carry all the want and when questioned just say you are active
OR, just answer like this ---------> In case that is not clear, my advice is this ----> or this -----------> Don't come crying to me, however, if this ticks off the officer, and you end up like this ------> Or this---------------------------------------> But at least the result won't be like your advice, which is to lie, in which case you will end up like this -------> And if the officer figures out it is , you might still end up like this ---->
Thanks for the help there gentlemen. One day I might be able to get together with you guys and let you shoot some cool military weapons. I'm a combat arms instructor and ill post on here when ive arrived back in the states. Some of you might get to shoot for helping me out. Thanks.
Being that the new ID's don't say active or reserve I dont see how a cop could tell the diffrence what so ever. You can't be expected to carry around a copy of your orders or SRB around to prove that you are active. So what is a cop just going to charge everyone with a crime who shows a military ID? I think not. So carry all you want. The responsibilty of proving your guilt us on the cops. Not the other way around. Let a cop try to confiscate my gun or arrest or charge me or anything on the grounds that I possibly might not be active. I'll sue the crap out of them.
Yeah, it's just us retirees that get the shaft. I don't understand why retired LEO's have the same rights as active but retired military don't....
That would be nice, it'd get my dad to start carrying again. Especially if he knew about the exemption for public gatherings (the reason why he let his GFL lapse).
I completely agree that if you serve 20 years in any military branch you should be able to carry with impunity. The idea of being able to do just about anything in the defense of our country from one day to not having any special privlidges after devoting so much time and effort are stupid. After reading the Code again there is nothing that states any difference between active ppl and guard/reserve. As was suggested above just carrying the code and the highlighted parts that pertain to you is a good idea.
So you think Jo Schmo off the street should get the exact same treatment as a 20 year veteran? I think not. There are reasons that people dont join the military...cause its not an easy task and they can sit at home and question every move we make. I believe that if a man who served 20 yrs in defense of our country wants to continue that long after he retires he should show his retired military ID and there should be no question asked. "Here you go Sir, have a nice day." should be the words out of any LOE when they speak to a veteran who served honorably. These ppl went above and beyond what is expected and should be rewarded. Its not about "earning" its about "doing" what noone else would do.