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

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...

 

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.

 

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

 

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.

 

O.C.G.A. § 16-11-124

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

 

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.

 

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

 

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

 

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.

 

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

 

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

 

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

 

Trust me from past experiance I don't give DA's credit for much, but most don't want to pull a Nifog and look like an idiot. They would rather make an officer look like an idiot.

 

I just read 130 again and I did miss quote about the military with the "duty". I was also thinking about the line after talking about contractors.

But I will still stand with the part I said about how many LEO do you really think know about this. True go to court and prove that this sections does apply and you should be good but for less than $50 you can also have a GFL and be legal in many places. This would be much less expensive than court.

 

This holds absolutely no force of law, but one of coworkers that is ex-military (Chief Warrant Officer) believes/interprets the word "service" to mean actually on duty and performing an official function. Once again, no force of law here; just an opinion.

I left a message for a magistrate judge that I know seeking clarification on this issue.