Active Duty Military is the same as Peace Officer....?

Discussion in 'General GWL Questions' started by gizmo5, Jul 8, 2007.

  1. gizmo5

    gizmo5 New Member

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    From all the info I have gathered, and from all the laws I have read I believe that Military residing in GA have all the same carry abilities as an officer in GA. One piece of info I ran across was this.
    http://www.ganet.org/ago/read.cgi?searc ... val=U97-13
    I myself am Active Duty, and would like any info from other Active duty individuals here in GA that have looked into this topic. I mean after all.... I swore in to defend a country/world, while a peace officer swore in to defend a city/county.... 8) I think I should have ZERO restrictions as to where I carry my pistol.
     
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  2. gizmo5

    gizmo5 New Member

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    I did my homework

    I read the fine print and....

    According to 16-11-130 ALL PERSONS IN MILITARY SERVICE residing in GA have Exemptions from Code Sections 16-11-126 through 16-11-128. Public gatherings, alcohol serving places and schools are all allowed! Hell, we don’t even need a license! I already have mine so i guess I will be covered when I travel outside GA where I’m allowed to carry. I’m so happy, now I can at least go to a restaurant to have dinner with my wife and not worry if they serve alcohol. I OC now and that was going to be a problem until now. YESSSSSS!!!!!! :lol: 8) :D :) :twisted:
     
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  3. S&W 40

    S&W 40 Active Member

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    There are things you need to look at,

    As many problems that we have with LEO and the general public, how many of them do know this part of the law.

    Also the last time I read it I believe it said in performing duties, I could be wrong i'll re-read again and again...
     
  4. legacy38

    legacy38 Active Member

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    I sincerely hope that I am wrong on this one, but my understanding was that the military exemption was for troops actually performing duty. Once again, I really hope that I am wrong on this one.
     
  5. legacy38

    legacy38 Active Member

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    The federal law passed a few years ago took care of most of those debates.
     
  6. goldshellback

    goldshellback New Member

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    Active Duty Military personnel.....

    .........STATIONED in GA are exempt from having to obtain a GFL and can carry conceled while off duty. This is found somewhere in GA code between 16-11-127 and 16-11-130....went looking but couldn't find where it stated that this morning but I have read it and when I do find it I'll post the link. GA is the only state I'm aware of that allows this.

    This concerns conceled carry only and does NOT give Active Duty personnel the same rights as LEO's.
     
  7. ptsmith24

    ptsmith24 New Member

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    O.C.G.A. § 16-11-124

    I'm not sure what "this part" refers to.
     
  8. ICP_Juggalo

    ICP_Juggalo Professional Troll

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    It means code sections 16-11-121 - 16-11-125.

    In particular 16-11-125, which means when, not if, but when you get arressted for violating that part, it is up to you to provide proof in court that you are exempt.

    BTW code sections 16-11-121 - 16-11-125 deal with the possession of NFA weapons NOT concealed carry or places off limits.
     
  9. legacy38

    legacy38 Active Member

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    I misread your post. I read it as there being confusion as to there being confusion about off duty officers and the restricted areas.
     
  10. legacy38

    legacy38 Active Member

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    The part of the code section quoted above raises questions. I'm still not sure military is blanketly covered under the law to CCW.
     
  11. ber950

    ber950 Active Member

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    It doesn't confuse the AG
    UNOFFICIAL OPINION U97-13
    Thus, it is my unofficial opinion that active duty military personnel are exempt under Georgia law from the requirement for a firearms permit.
     
  12. legacy38

    legacy38 Active Member

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    The AG opinions don't have any force of law.
     
  13. ber950

    ber950 Active Member

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    No but it would have to be dealt with in any attempt to prosecute.

    The DA would either drop the charges or pass them to the Solicitor who doesn't like getting dumped on.

    The Judge would most likely dismiss the charges.

    The jury instructions would probably include the AG opinion.

    The appeals court would look at the AG opinion.

    Do you really think a prosecution would stand. :?: or do you think the poor cop on the street who wasn't trained on this will just get left twisting in the breeze :?:
     
  14. legacy38

    legacy38 Active Member

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    I think that you are giving an AG opinion too much credit when compared to a political animal like a DA.
     
  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    The statutes are here on this page. Yellow tab, above, "Gun Laws." Then select "Weapons Related Georgia Code."

    O.C.G.A. 16-11-130 exempts LEOs and others "if such persons are employed in the offices listed below."
    One such office is in (a)(3) "Persons in the military service of the state or of the United States."

    Nothing about active duty, state or federal, or actually performing duties at the time.

    If it is "duties at the time," then the same thing applies to LEO.

    As for "active duty" being used in the AG opinion, that was the question he was asked, so he is not limiting it to active duty, either.

    If you have not perused the yellow buttons, above, you are missing a LOT of good stuff. There is more here than just a discussion forum.