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Are these off limits

2961 Views 26 Replies 8 Participants Last post by  jrm
I am sure these issues have been addressed before, but I just want to make sure. I do have a GFL. 1. If I park at the airport in one of the lots (hourly, daily and economy) and leave my gun in the that in vioaltion? 2. When I park on campus for a UGA football game and leave my gun in the I in violation? Just trying to make sense of all of this. Thanks.
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Actually, it is worse than you think, and the link above does not really address your first question (although it answers the second one nicely). Yes, since the airport is publicly owned it is a public gathering, but things are far worse than that. You see, there is a separate law for airports. Violation of the public gathering clause is a misdemeanor. Violation of the laws relating to mass transit is a felony, which can be 10 to 20 years in prison depending on whether you did not notice the metal detector and walked around it (and therefore "avoided" a security device). See O.C.G.A. 16-12-127 (notice it is in chapter 12, not chapter 11). See O.C.G.A. 16-11-123(b). What is really interesting in that last link is that the minimum sentence for hijacking (16-12-123(a)) is the same as peaceably carrying a weapon or even having one in your glovebox. The maximum sentence for "avoiding a security measure" and making it onto a Marta train is the same as the maximum sentence for actually hijacking the stupid train!

Moreover, if you look at the definition of what is a "terminal," in O.C.G.A. 16-12-122, it includes not only the terminal, but the parking lots. In other words, for purposes of the state law, there is no real difference between having a gun in your glovebox while parked and carrying it into the airport building. While we need to research case law to determine whether the public gathering provision includes parking lots, the mass transit law states it plainly in the statute. Parking lots are verboten fur pistolen.

Why is this the law here in Georgia? 87% of states that are "shall issue" with respect to firearms licenses allow carry onto mass transit! Look here: Public Transportation National Map Green means one can carry on public transportation. Red means one cannot. Black means the state is not shall issue, but many of those states do not criminalize carry onto public transportation, either. California, for instance, is black, but I do not believe they have a law banning carry on public transportation.

Georgia, in contrast, slaps you in prison for 1-10 or 1-20 for having a gun in the parking lot or even near a bus stop or carrying past a metal detector. Did you know about the bus stop felony? Read the definition of terminal in O.C.G.A. 16-11-122 closely, and you will see it includes a "reasonable distance" adjacent to a designated stop as well as parking lots. Click here for the statute.

The General Assembly really needs to repeal this asinine law.
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You sound like a criminal defense attorney.
Re: School Zones

gunsmoker said:
Could THAT have really been the intent of the legislature?
No. The intent of the legislature was that no AK-47 wielding maniac would dare walk into a school and start slaughtering kids because the General Assembly had gotten "tough on crime."

After all, its a felony!
Re: School Zones

gunsmoker said:
Maybe you could even get out and meet your kid inside the building, if you knew he or she was waiting for you, say, in the administration office or the school nurse's office. No, wait. On the other hand, although 16-11-127.1 has a "picking up a student" exception written into it, the "public gathering" law does not. So maybe if you bring a gun to a school gathering or inside a public school, you will have committed only a misdemeanor crime due to your meeting a bona-fide exception to the felony-level statute?
Unless you are not a child abuser and thus your kid is in private school.
GAGunOwner said:
I don't think that "school safety zones" are covered by the public gathering law. Before the "school safety zone" law they were.

Take another close look at the PG law.

(a) Except as provided in Code Section 16-11-127.1, a person is guilty of a misdemeanor when he or she carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense.
My interpretation is that the legislature was trying to say that the controlling statue for schools will be the "school safety zone" law and not the PG law. That is to say the PG law no longer applies to school facilites, etc.
So that one may openly carry a pistol into a public elementary school building while picking up or dropping off his kid?
GAGunOwner said:
What does entering the school have to do with it?

GAGunOwner said:
If the school is a public gathering it is already illegal just to have a gun in the parking lot.
I would think that question is answered by the specific statute that allows one to pick up or drop off a student while packing a gun, and by the "except as in" language in 127.

So, how does this analysis affect your thoughts on carrying inside the school building itself (only while picking up or dropping off a student, of course)?

My thought is while technically maybe legal, the court will be quicker to slam you in the slammer than Coweta Superior can grant summary judgment on a preemption case.
GAGunOwner said:
Wanna be a test case Malum?
Is this because of my comment over on the Teacher School Zone thread? I said I was kidding! :D
Not anywhere near as fast as a denial of reconsideration can be in a gun case!
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