[MrMorden]

I'm just curious...according to the PG law precedents cited on this site, it's illegal (and a felony) to have a gun in your car glovebox at a Marta station or similar parking lot.

Has anybody ever actually been arrested or convicted based on this, or are we just being cautious based on the wording of the law?

 

[Adam5]

From : Hubbard v. State, 210 Ga. App. 141, 143-44 (1993)

c) "A person is guilty of a misdemeanor when he carries to or while at a public gathering any ... firearm.... For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises," OCGA § 16-11-127(a), (b). (Indentation omitted.) Appellant contends that he was not guilty of carrying a firearm at a public gathering because he did not carry it inside the Lodge where alcoholic beverages were being sold. However, we have held that the offense of carrying a firearm at a public gathering may occur in a parking area on the grounds of and in close proximity to a public gathering. See Farmer v. State, 112 Ga.App. 438(1c), 145 S.E.2d 594 (1965). Moreover, there was testimony from which the jury could conclude that the "younger crowd" who could not go into the Lodge often gathered in the Lodge's parking lot on Saturday nights and that on the Saturday night of the incident a large number of people were gathered there, "hanging out," eating and talking. From this, the jury could reasonably find that the parking lot itself was the site of a public gathering, so that appellant brought the pistol to a public gathering when he brought it to the parking lot regardless of whether he took it inside the building. See Jordan v. State, 166 Ga.App. 417(4), 304 S.E.2d 522 (1983). Compare State v. Burns, 200 Ga.App. 16, 406 S.E.2d 547 (1991).

http://georgiapacking.org/caselaw/hubbardvstate.htm

 

[Adam5]

I'm just curious...according to the PG law precedents cited on this site, it's illegal (and a felony) to have a gun in your car glovebox at a Marta station or similar parking lot.

Has anybody ever actually been arrested or convicted based on this, or are we just being cautious based on the wording of the law?

The wording of the law says that it's illegal, plain and simple.

Public Gatherings Georgia Code 16-11-127 includes, but is not limited to:
Caselaw shows that courts believe the parking lot is a part of the whole gathering
Wynne Vs. The State 123 Ga. 566 (1905) says that a 4th of July BBQ, at which the public is assembled in considerable numbers (400-500), constitutes a public gathering

churches or church functions political rallies or functions
athletic or sporting events publicly owned or operated buildings
establishments at which alcoholic beverages are sold for consumption on the premises

Publicly owned or operated buildings in your town include:

Sheriff's Department City/County Police Department City/County Mental Health Facility
State Patrol Office/DMV Fire Station Court House
Library City Auditorium Highway Rest Stop Building
Tag Office State Historic Site buildings (12-3-10) County Extension Office
US Post Office Voter Registration Office City/County Water/Sewer Department
State Park buildings (12-3-10) City/County Health Department Tax office
Jail and prison (42-4-13 may include parking lot) Polling location County Hospital
City Bus Depot and covered stops including the adjacent parking lots (16-12-122 - 16-12-127) Department of Labor/Unemployment Office Airport including the adjacent parking lots (16-12-122 - 16-12-127)
Public and Private College, University, or Institution of Postsecondary Education includes parking lot except when picking up/dropping off a student (16.11.127.1) Subway or Railroad station including the adjacent parking lots (16-12-122 - 16-12-127) Public and Private Elementary, Middle, and High Schools includes parking lot except when picking up/dropping off a student (16.11.127.1)

http://www.georgiapacking.org/gflpol.php

 

[Malum Prohibitum]

Public gatherings and Marta are two different laws.

 

[GAGunOwner]

Public gatherings and Marta are two different laws.

PG law doesn't specifically say parking lots are off-limits, the courts have ruled that they are.

The "Marta" law specifically says that parking lots are off limits.

How do you think the courts would rule?

 

[Firearmz]

The laws of the state and nation are written, doesn't mean they are right, then the law that us written gets before a judge as you the defendant, does not mean that the judges interpretation of the law is the same as yours or your attorney.

I think it has a lot more to do with your geographical location. I believe that I can get away with a lot more here in rural West Georgia than I can in downtown Atlanta simply due to the politics and the Sheriff or Chief of Police perception of the laws and personal dislikes.

 

[gunsmoker]

selective enforcement

I'm convinced that the gun laws of this state were written to be only selectively enforced against minorities and against perceived troublemakers.

 

[Firearmz]

Re: selective enforcement

I'm convinced that the gun laws of this state were written to be only selectively enforced against minorities and against perceived troublemakers.

I agree, but now it gives anti-gun judges power.

 

[gsusnake]

Re: selective enforcement

I'm convinced that the gun laws of this state were written to be only selectively enforced against minorities and against perceived troublemakers.

You've read this, right?

And this?

and don't forget this little gem.

 

[Firearmz]

Other Laws in Georgia:

• Acworth: All citizens must own a rake.
• An old law in Columbus, Ga., made it illegal to sit on your porch in an indecent position.
• A Kennesaw, Ga. law makes it illegal for every homeowner not to own a gun, unless you are a convicted felon, conscientious objector or disabled.
• Against the law to tie a giraffe to a telephone pole or street lamp.
• Atlanta: Against the law to tie a giraffe to a telephone pole or street lamp; One man may not be on another man's back.
• Columbus: Can't cut off a chicken's head on Sunday; It is illegal to carry a chicken by it's feet down Broadway on Sunday.
• Donkeys may not be kept in bathtubs.
• Gainesville: Chicken must be eaten with the hands.
• Georgia has 75 laws on how to build rice paddies, even though the state has only one rice farm left. Rice was the state's No. 1 crop before the Civil War. But right after the war, a hurricane destroyed all the paddies and ponds. It was too expensive to replace them without slaves, so the Rice State began growing peaches, peanuts and other crops.
• Georgia officials were revising their state laws in 1981, and noticed they still allowed pensions for Confederate widows. That week the last widow died. Lawmakers bowed their heads, and deleted the law.
• In Atlanta, Georgia, it is illegal to tie a giraffe to a telephone pole or street lamp.
• In Columbus, Georgia it is illegal to sit on one's porch in an indecent position.
• In Georgia, movie houses that want to show films on Sunday must reserve one showing a month for religious material.
• It is illegal in Georgia to use profanity in the presence of a corpse.
• In Quitman, It is illegal for a chicken to cross the road.
• It is illegal to change the clothes on a storefront mannequin unless the shades are down.
• It is illegal to say "Oh, Boy" in Jonesboro.
• It is illegal to take a bath of orange peel.
• It is illegal to use profanity in front of a dead body which lies in a funeral home or in a coroners office.
• It used to be against the law in Jonesboro, Ga., to utter the words, "Oh boy."
• Jonesboro: It is illegal to say "Oh, Boy"
• Kennesaw: Every head of household must possess a firearm of some kind.
• Marietta: Though it is illegal to spit from a car or bus, citizens may spit from a truck.
• Members of the state assembly cannot be ticketed for speeding while the state assembly is in session.
• No one may carry an ice cream cone in their back pocket if it is Sunday.
• One man may not be on another man's back.
• Signs are required to be written in English.
• St. Mary's: No spitting on the sidewalk is permitted after dark.
• Though it is illegal to spit from a car or bus, citizens may spit from a truck.
• You have the right to commit simple battery if provoked by "fighting" words.

 

[GAGunOwner]

Re: selective enforcement

I'm convinced that the gun laws of this state were written to be only selectively enforced against minorities and against perceived troublemakers.

Bingo.

 

[luke0927]

What about if you gun is locked and you have it on MARTA with you becuase you are going to check it at the airport so you can travel with it.....Shows you how F'd up our laws are....

I do believe the main problem we will have at making it legal to carry on marta is that it runs right into the Airport, Im sure hte anti's will rais hell about that.

 

[budder]

What about if you gun is locked and you have it on MARTA with you becuase you are going to check it at the airport so you can travel with it.....Shows you how F'd up our laws are....

I do believe the main problem we will have at making it legal to carry on marta is that it runs right into the Airport, Im sure hte anti's will rais hell about that.

Because you can't just drive up to the airport with the same amount of stuff all packed up in your luggage? It's not like Marta goes beyond the secured area. Hell, you could have a minigun mounted to your roof and drive into the check-in area if you were really well funded.

 

[Sine Nomen]

Not that it matters to me, but did anyone else notice this law?

Other Laws in Georgia:

• Acworth: All citizens must own a rake.
• An old law in Columbus, Ga., made it illegal to sit on your porch in an indecent position.
• A Kennesaw, Ga. law makes it illegal for every homeowner not to own a gun, unless you are a convicted felon, conscientious objector or disabled.
• Against the law to tie a giraffe to a telephone pole or street lamp.
• Atlanta: Against the law to tie a giraffe to a telephone pole or street lamp; One man may not be on another man's back.
• Columbus: Can't cut off a chicken's head on Sunday; It is illegal to carry a chicken by it's feet down Broadway on Sunday.
• Donkeys may not be kept in bathtubs.
• Gainesville: Chicken must be eaten with the hands.
• Georgia has 75 laws on how to build rice paddies, even though the state has only one rice farm left. Rice was the state's No. 1 crop before the Civil War. But right after the war, a hurricane destroyed all the paddies and ponds. It was too expensive to replace them without slaves, so the Rice State began growing peaches, peanuts and other crops.
• Georgia officials were revising their state laws in 1981, and noticed they still allowed pensions for Confederate widows. That week the last widow died. Lawmakers bowed their heads, and deleted the law.
• In Atlanta, Georgia, it is illegal to tie a giraffe to a telephone pole or street lamp.
• In Columbus, Georgia it is illegal to sit on one's porch in an indecent position.
• In Georgia, movie houses that want to show films on Sunday must reserve one showing a month for religious material.
• It is illegal in Georgia to use profanity in the presence of a corpse.
• In Quitman, It is illegal for a chicken to cross the road.
• It is illegal to change the clothes on a storefront mannequin unless the shades are down.
• It is illegal to say "Oh, Boy" in Jonesboro.
• It is illegal to take a bath of orange peel.
• It is illegal to use profanity in front of a dead body which lies in a funeral home or in a coroners office.
• It used to be against the law in Jonesboro, Ga., to utter the words, "Oh boy."
• Jonesboro: It is illegal to say "Oh, Boy"
• Kennesaw: Every head of household must possess a firearm of some kind.
• Marietta: Though it is illegal to spit from a car or bus, citizens may spit from a truck.
• Members of the state assembly cannot be ticketed for speeding while the state assembly is in session.
• No one may carry an ice cream cone in their back pocket if it is Sunday.
• One man may not be on another man's back.
• Signs are required to be written in English.
• St. Mary's: No spitting on the sidewalk is permitted after dark.
• Though it is illegal to spit from a car or bus, citizens may spit from a truck.
• You have the right to commit simple battery if provoked by "fighting" words.

 

[Malum Prohibitum]

I think it has a lot more to do with your geographical location. I believe that I can get away with a lot more here in rural West Georgia than I can in . . .

Not necessarily. This happened there.

 

[luke0927]

What about if you gun is locked and you have it on MARTA with you becuase you are going to check it at the airport so you can travel with it.....Shows you how F'd up our laws are....

I do believe the main problem we will have at making it legal to carry on marta is that it runs right into the Airport, Im sure hte anti's will rais hell about that.

Because you can't just drive up to the airport with the same amount of stuff all packed up in your luggage? It's not like Marta goes beyond the secured area. Hell, you could have a minigun mounted to your roof and drive into the check-in area if you were really well funded.

Ridiculous isn't it?

 

[budder]

Yup. I mean, the normal car area and the Marta station are both connected to the baggage claim, and only the baggage claim is connected to the arm bone TSA checkpoint.

 

[MrMorden]

I'm just curious...according to the PG law precedents cited on this site, it's illegal (and a felony) to have a gun in your car glovebox at a Marta station or similar parking lot.

Has anybody ever actually been arrested or convicted based on this, or are we just being cautious based on the wording of the law?

The wording of the law says that it's illegal, plain and simple.

Fair enough, but that was not my question. My question is: has anybody ever been arrested/convicted based on that law?

 

[Malum Prohibitum]

Fair enough, but that was not my question. My question is: has anybody ever been arrested . . .

How would we know?

/convicted based on that law?

How would we know?

I am aware of no published case law regarding a conviction for carrying in the Marta parking lot, but that does not mean there are no arrests or convictions. In in reading news stories regarding shootings in Marta parking lots, it appears that the malefactors are never charged with this offense.

 

[Malum Prohibitum]

or are we just being cautious based on the wording of the law?

I am. :wink: