[wa4phy]

I'm not sure I quite understand what has been said here about in the glove compartment or console. I don't have my permit yet, and when I'm going to the range, I leave the gun laying on the front seat, in plain view. Is this not the correct way to do it? The way I read the law, once you have the permit, you can carry it anywhere, anyplace you desire; in the open, concealed, in the trunk, etc..

Still hoping to see the permit in the next 30 days or less


Sam

 

[jrm]

Sam,

keep it in the glove box or console until you get your GFL. Then, you can keep it on the seat.

 

[wwomack]

Without a permit, you can carry the gun either in plain view, or, in the glovebox, console, or trunk. With a permit it doesn't matter where you have the firearm. So, if you keep doing what you're doing you'll be fine. When I didn't have my permit I just kept my firearm in the center console of my truck. Quick to get to and perfectly legal.

 

[Malum Prohibitum]

OR - you can tape it to your forehead! :lol:

 

[Gunstar1]

OR - you can tape it to your forehead! :lol:

With clear packing tape, not duct tape cause that would conceal it. :wink:

 

[wa4phy]

I was told by my shooting instructor who is a captain in the local sheriff's dept, that the gun should be in plain view on the seat till I get the permit. I think she knows what she's talking about, as she is the primary, or one of the primary firearms trainers for the county. I suppose it is possible she is wrong, and such, but the way I read the law, I just thought it had to be in plain view till I had the permit, then I could keep it in the console, glove compartment, under the seat, etc. In my case, neither the console or the glove compartment is lockable, so it would be considered concealed in those locations. Hopefully, the girl at the probate office is correct in the time frame of a month to 6 weeks. Shouldn't be too much longer. The 18th will be a month.

Sam

 

[gunsmoker]

Locked Containers

Georgia law doesn't require that the containers be lockable, or locked. They only have to be "closed." The phrase found in our statute is "closed container." A woman's purse is such a container, if it is zippered shut. A paper bag is not, even if the top is folded-over or crumpled. I once heard of a judge issuing an arrest warrant on a guy who had a revolver in a tennis raquet case, which had a hole in it for the handle of the raquet to stick out from. Everybody connected with that case agreed that if the raquet cover had a zipper running its entire length and was in fact fully zipped, it would be a "closed container," but the presence of a 2" diameter hole may have removed it from the "closed" classification.

The issue of "locked" or "secure" containers comes up in the context of other state laws, federal regulations on flying commercial airliners with guns in checked baggage, and the federal "safe passage" law that supercedes local laws on the interstate transportation of guns in a private passenger vehicle.

Of course this isn't legal advice. I'm not anybody's lawyer. None of y'all reading this are clients.

 

[wa4phy]

I got my answer. I know I'd read the code pertaining to this question a couple or 3 times, and I just now went back and reread it. There is no question in my mind now, that without a permit, the gun must be carried openly, like the front seat of the truck. Here's the actual code...

16-11-128.
(a) A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner.

But this brings up another question about hunting/fishing licenses. The way I read it, since I carry a fishing license on my person all the time, I would be perfectly legal with the gun on my person. It does say valid fishing or hunting license -- Of course, if you read the stuff about having a gun while fishing, it leads one to believe that is not legal either.. go figure!

Sam

 

[MLS 4506]

I got my answer. I know I'd read the code pertaining to this question a couple or 3 times, and I just now went back and reread it. There is no question in my mind now, that without a permit, the gun must be carried openly, like the front seat of the truck. Here's the actual code...

16-11-128.
(a) A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner.

But this brings up another question about hunting/fishing licenses. The way I read it, since I carry a fishing license on my person all the time, I would be perfectly legal with the gun on my person. It does say valid fishing or hunting license -- Of course, if you read the stuff about having a gun while fishing, it leads one to believe that is not legal either.. go figure!

Sam

read the statute again,outside of his home,MOTOR VEHICLE,place of buisness, ... :wink:

 

[wwomack]

16-11-128.
(a) A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner.

This code section does not apply to your motor vehicle. I've highlighted it with blue.

What you are interested in is in 16-11-126. Specifically section d)

16-11-126
d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle; provided, however, that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle.

So, you can either have it open on the seat or you can have it in your glovebox or console.

 

[wa4phy]

Ok.. I guess I didn't read closely enough, or read something into it that isn't there. Laws should be written in plain english and not open to interpretation if written correctly. The part about the hunting and fishing license does now have my curiosity up. If I have a valid fishing license, why bother to even fool with the GFL, or am I reading too much into the law?

Sam

 

[wwomack]

Ok.. I guess I didn't read closely enough, or read something into it that isn't there. Laws should be written in plain english and not open to interpretation if written correctly. The part about the hunting and fishing license does now have my curiosity up. If I have a valid fishing license, why bother to even fool with the GFL, or am I reading too much into the law?

You have to be careful to read the full sentence with all qualifiers. The red highlighted text below says this exception only applies while you are hunting or fishing.

16-11-128.
(a) A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner.

 

[wa4phy]

Ok.. so I take my gun and place it in the console of the truck, or glove compartment (while loaded) and drive to the lake. I get out of the truck, strap the gun on, and as long as I have fishing tackle, and have bait in the water, I am perfectly legal by just having a valid fishing license? I'm just trying to stay within the laws until I get the GFL.

 

[Malum Prohibitum]

Ok.. so I take my gun and place it in the console of the truck, or glove compartment (while loaded) and drive to the lake. I get out of the truck, strap the gun on, and as long as I have fishing tackle, and have bait in the water, I am perfectly legal by just having a valid fishing license? I'm just trying to stay within the laws until I get the GFL.

And don't forget to give your friend who is a "shooting instructor and captain at the local Sheriff's Department who knows what she is talking about" a copy of O.C.G.A. 16-11-126 with the pertinent provision of subsection (d) highlighted so she can quit giving out false information about the law in Georgia to the people who take her classes.

Good thing they call it law enforcement and not opinion enforcement.

:shakehead:

 

[Malum Prohibitum]

This was a municipal court hearing on an traffic ticket. The judge had no business sentencing someone for a crime that had not been charged, let alone for which no conviction had been obtained.

Well, then there was that lady who demanded a trial by jury for her speeding ticket and was sentenced to 12 months in jail and a $1000 fine.

The court of appeals said that was ok, because that is a punishment that is allowed by the law.

After all, we cannot just have everybody demanding their constitutional rights, can we?

Fine of $252 for misdemeanor of running red light was not excessive under state law, despite contention that judge usually imposes fine of $45 on defendants who do not assert their right to trial; misdemeanor was punishable by fine not to exceed $1,000 or sentence not to exceed 12 months :jail: . O.C.G.A. §§ 17-10- 3(a)(1), 40-6-1, 40-6-20; U.S.C.A. Const.Amend. 6. Riddle v. State, 202 Ga.App. 194, 413 S.E.2d 494 (1991).

Wow. 12 months in jail is kinda harsh for running a red light.

 

[Malum Prohibitum]

I realize that looks terribly out of context - it was addressing the discussion on page 2 . . .

 

[RIPNITZ]

Ok, In reference to wa4phy's post above, I live in Evans, GA (Columbia County). Everytime I go to the lake or river to fish, I always have some type of gun with me, whether it be a shotgun or my .32 S & W. I've never had any problems out of local law enforcement officers about carrying on me, because you know just as well as i do about the snakes all around the lake area. BUT where I am highly confused at is how Georgia law states the a minor (18 and under) cannot possess a handgun outside of the place of which he resides, or unless he/ she has parental permission. Although the law doesnt say ANYTHING whatsoever about any person between the age of 18 and 20 that has a perfectly clean record (background and driving) about possessing a handgun legally in a vehicle. As I stated in another post, I always have the .32 in my vehicle in an open manner since I'm not 21 I cannot apply for a permit. But again, I have never had a problem with an LEO's or your regular joe's about carrying without a CCW. It might the fact that I look about 35 years old, thanks to extreme stress at work. :shock: :roll:

And my second question, along with the .32 I always have a 12 gauge pump shotgun usually carried in the trunk, in the back seat in a case, or sometimes I lay it between the center console between the console and the seat where the barrel is pointing to the floor of the car. And yes, once again. I have never had a problem out of anyone regarding the location of the firearms but is it "Considered" illegal per my age or location of the firearm? I have called down to the Sheriff's office but the person I spoke with didnt have the slightest idea what the law was regarding a person between the age of 18 and 20..

Hmm. Anywho, any advice or complaints is welcome. Thanks alot!,

Brian

 

[ICP_Juggalo]

Ok, In reference to wa4phy's post above, I live in Evans, GA (Columbia County). Everytime I go to the lake or river to fish, I always have some type of gun with me, whether it be a shotgun or my .32 S & W. I've never had any problems out of local law enforcement officers about carrying on me, because you know just as well as i do about the snakes all around the lake area. BUT where I am highly confused at is how Georgia law states the a minor (18 and under) cannot possess a handgun outside of the place of which he resides, or unless he/ she has parental permission. Although the law doesnt say ANYTHING whatsoever about any person between the age of 18 and 20 that has a perfectly clean record (background and driving) about possessing a handgun legally in a vehicle. As I stated in another post, I always have the .32 in my vehicle in an open manner since I'm not 21 I cannot apply for a permit. But again, I have never had a problem with an LEO's or your regular joe's about carrying without a CCW. It might the fact that I look about 35 years old, thanks to extreme stress at work. :shock: :roll:

And my second question, along with the .32 I always have a 12 gauge pump shotgun usually carried in the trunk, in the back seat in a case, or sometimes I lay it between the center console between the console and the seat where the barrel is pointing to the floor of the car. And yes, once again. I have never had a problem out of anyone regarding the location of the firearms but is it "Considered" illegal per my age or location of the firearm? I have called down to the Sheriff's office but the person I spoke with didnt have the slightest idea what the law was regarding a person between the age of 18 and 20..

Hmm. Anywho, any advice or complaints is welcome. Thanks alot!,

Brian

16-11-126
d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle; provided, however, that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle.

It appears, from ordinary reading of the law, that a person under the age of 21 is prohibited from carrying a loaded firearm in their vehicle since they would be ineligible for a license under 16-11-129 because licenses are not issued to any person under 21.

It looks as if the same appears true for carrying an unloaded and cased firearm in the vehicle as well. I dunno Federal Law may triumph state law in that case since there is already a federal law on the books for carrying an unloaded firearm in a vehicle.

Hope this helps. I am not a lawyer and this is not legal advice and just an uneducated opinion.

 

[Foul]

Re: Tickets Deserved

And now we bring to you a moment of Zen.

(Cue harp dream sequence music...)

At the very least every elected official responsible for the crackdown would have his head handed to him on election day.

(Cue end of harp dream sequence music.)

Ahhhh. That was refreshing.

 

[RIPNITZ]

Hey ICP, I really appreciate your fast response as I wasn't expecting that.! :shock: However, normally when transporting the revolver it is unloaded, but again, I drive a 98 lincoln continental - unmarked but with an interior mini lightbars in the front and rear of the vehicle, which are clearly visable to passing motorists or pedestrians walking by. So naturally the Sheriff's office and GSP as well usually dont pay any attention to my car. (And I usually dont go anymore than 5 over the limit, so im not giving them any reason to bother me). But I reckon i'll keep asking around until I can get a clear answer since the Georgia law obviously cant give us dumb folks a CLEAR answer. :lol: :roll: :lol:


But thanks again for your response and this is A GREAT site. I really enjoy reading all the posts.