[Malum Prohibitum]

I am not your lawyer. You are within the "safety zone" of (a)(1). You have a weapon - (a) (2). You are thus breaking the law (b) unless there is an applicable exception (c). I do not have enough information to determine if you do, in fact, fall into one of the exceptions listed in (c). Are you a medical examiner or coroner, for instance?

Assuming none of (c) applies, we must next examine (d), which lists the situations in which this law does not apply. You already said you reside within the zone. This is listed in (d).

This Code section shall not prohibit any person who resides . . . within a school safety zone from carrying, possessing, or having under such person's control a weapon within a school safety zone; provided, however, it shall be unlawful for any such person to carry, possess, or have under such person's control while at a school building or school function or on school property, a school bus, or other transportation furnished by the school any weapon . . .

It looks like there is no exception to the exemption relating to students, as there is for cars.

I wonder if they could not still enforce the car one against you since you are a student? See (c) (7) and ( 8 ).

I would think there is a good argument that the exception of (c) does not apply (because you are a student) but that (d) covers you anyway because you reside within the zone, and it makes no exceptions for being in a car or being a student.

:ianal: (not yours anyway)

 

[Taler]

"This Code section shall not prohibit any person who resides . . . within a school safety zone from carrying..."

Does this imply that if you live in a particular safety zone, you are exempted under (D) in any safety zone?

 

[Malum Prohibitum]

:lol: Now I think we have pushed it over the edge . . .

 

[Rammstein]

"This Code section shall not prohibit any person who resides . . . within a school safety zone from carrying..."

Does this imply that if you live in a particular safety zone, you are exempted under (D) in any safety zone?

I never thought of it like that.

If you read the text and try to infer nothing from it then the words do say that one is exempt in a school safety zone so long as they also reside in a school safety zone. It does not specify the same school zone.

 

[Malum Prohibitum]

Keep in mind that the original poster posited that he had no legal business to transact, does not live within the zone, and is not visiting someone who resides in the zone. He merely inquired as to the legality of walking his dog in the zone while perhaps openly carrying an H&K Mark 23 with a silencer affixed while dressed in camoflauge and wearing face paint at 4:00 a.m.

:lol:

 

[asbrand]

Bored?

8)

 

[Malum Prohibitum]

Three pages of good analysis from the year 2005 - even refers to the now-defunct packing.org.

 

[Jawn]

Three pages of good analysis from the year 2005 - even refers to the now-defunct packing.org.

Thanks for the bump, good readin'.

 

[jmorin]

OP here. Silencer, camo, face-paint? :lol: As an update, I no longer live in the area (Grant Park) that drove my original question. Got married, have kids, and live in the burbs now.

 

[asbrand]

I still miss packing.org - sigh...

 

[CoffeeMate]

OP here. Silencer, camo, face-paint? :lol: As an update, I no longer live in the area (Grant Park) that drove my original question. Got married, have kids, and live in the burbs now.

So I guess that means you are no longer exempt from carrying.

 

[gunsmoker]

Speaking of schools, I wonder if Mark Soloman (spelling?), the owner and webmaster of "packing.org", finished law school and got his J.D. degree?
If he went in in 2006, he should have finished at least by the spring of 2009, and he should have taken his state's bar exam by now.
I wonder if he did any special gun-rights related projects or papers in law school?

It was one of my classmates from law school, somewhere around 2001 or 2002, who told me about "packing.org". He found it when doing a Google search for some gun law related question. He suggested I visit it and make it a favorite place. I ran a lot of electrons through its servers in the few years before Mark shut it down to focus on work (paying work) and school full time.

 

[EJR914]

Well one big glaring fact that I have is how in the heck do I know what 1,000 feet looks like?

I have conveniently left my 1,000 foot measuring tape at home. :roll:

Also, how do I know where the School property ends and begins?

If I drive through that 1,000 feet on a public road, in my car, with a gun in a holster on my hip, am I conducting lawful business? Can legislators make the law any more vague and full of bullcrap?

If I am driving through an area, to which I have never been before, with a pistol on my side, and I all the sudden see a school, but I am already within 1,000 feet of it, what the crap should I do? Turn around? Throw my firearm out the window for some kid to pick up, because I don't want to get arrested and charged with a crime? I mean really? Can this law get anymore ridiculous? :x

 

[JR]

I like seeing threads like this brought back from the dead. When I walk my dog, I pass through the 1,000 feet halo of a college and the 1,000 feet halo of a high school, so I have been wondering about this. This gave me some good insight for if I ever have to defend my position.

It is neat to see the references to packing.org, how new this site was, and the thoughts (I should know this) probably before GCO had been founded. Okay, I think I see June 2006 as the first entry on the GCO website.

 

[SigP229]

Well one big glaring fact that I have is how in the heck do I know what 1,000 feet looks like?

I have conveniently left my 1,000 foot measuring tape at home. :roll:

Also, how do I know where the School property ends and begins?

If I drive through that 1,000 feet on a public road, in my car, with a gun in a holster on my hip, am I conducting lawful business? Can legislators make the law any more vague and full of bullcrap?

If I am driving through an area, to which I have never been before, with a pistol on my side, and I all the sudden see a school, but I am already within 1,000 feet of it, what the crap should I do? Turn around? Throw my firearm out the window for some kid to pick up, because I don't want to get arrested and charged with a crime? I mean really? Can this law get anymore ridiculous? :x

You're fine driving thru the zone:

(7) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school or any weapon legally kept within a vehicle in transit through a designated school zone by any person other than a student;

 

[EJR914]

Well one big glaring fact that I have is how in the heck do I know what 1,000 feet looks like?

I have conveniently left my 1,000 foot measuring tape at home. :roll:

Also, how do I know where the School property ends and begins?

If I drive through that 1,000 feet on a public road, in my car, with a gun in a holster on my hip, am I conducting lawful business? Can legislators make the law any more vague and full of bullcrap?

If I am driving through an area, to which I have never been before, with a pistol on my side, and I all the sudden see a school, but I am already within 1,000 feet of it, what the crap should I do? Turn around? Throw my firearm out the window for some kid to pick up, because I don't want to get arrested and charged with a crime? I mean really? Can this law get anymore ridiculous? :x

You're fine driving thru the zone:

(7) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school or any weapon legally kept within a vehicle in transit through a designated school zone by any person other than a student;

Thanks SigP229, wonderful choice of a weapon as well. :righton:

 

[SigP229]

Thanks SigP229, wonderful choice of a weapon as well. :righton:

:righton:

 

[GAfirearmsReference]

Off-Duty Cops

I'm bumping this 2005 thread back to life, like Malum did in 2009, to throw in another :2cents:

Not my two cents, but that of Julius Tolbert of the Office of Legislative Counsel for the State of Georgia. He's one of those people who advises government officials about the current state of the law. I was given a copy of his memo on this subject by a certain Sheriff and his Chief Deputy whom I had the pleasure of meeting last week.

ON THE SUBJECT OF OFF-DUTY cops, prosecutors, judges, etc. carrying at schools, he wrote (last month, April of 2014) that Code section 16-11-130's list of exceptions for certain government agents and office-holders is what controls, and it gives a blanket exception to those people even when they're off-duty and visiting the school for their own personal reasons and purposes.

His memo doesn't mention 16-11-127.1's own internal list of exemptions and exceptions, which would only grant an exception to LEOs if those officers were either:
-- participating in law enforcement training or otherwise attending POST classes (16-11-127.1 (c)(4)),
OR
-- "in the performance of their official duties or when to or from their official duties" (16-11-127.1(c)(5)).

Of course this is just one government lawyer's opinion. He's not the attorney general, nor a District Attorney or Solicitor General whose office would be charged with prosecuting an off-duty cop (or other gov't official) for carrying at a school (like that's going to happen anyway, in the real world, as Malum observed!!).

But his opinion on this conflict in our laws is worth noting.

Our "Georgia Weapons Laws: A Review of the Laws with a Layman's Summary" reference booklet deals with these statues on pages 70-79 (school safety zones) and pages 93 -97 (the list of "only ones professional enough" to carry where the rest of us cannot).

 

[Savannahshooter]

Again I am confused which is not to hard to happen these days so please provide some guidance.
1. Federal Law state the School Safety Zone is 1000 feet surrounding all the land without exception.

2. There exceptions for holders of Firearms carry permits.

My question is where does it say I, with a Georgia Weapons License, can carry in the Federal Law designated 1000 foot safety zone?

Thanks in advance.

 

[Phil1979]

The 1000' Federal Law states that the law does not apply to a person who is licensed by the state he is in when he is in the school zone.

That means a license from another state even if recognized by the state you are in does not shield you from the stupid Federal Law.

What about Vermont? They don't issue weapons licenses or permits. Are those folks breaking federal law? I'm sure they are, but unless an obvious malum in se crime is being committed, I've never heard of anyone ever being prosecuted...

Except for that guy in Kommifornia who was OC'ing an unloaded pistol at a laundry mat because his state is essentially a non-isse state (unless you got connections), and that's the only way he could carry. He was minding his own business, and because he did not know a school was within 1000', he is now a convicted felon. I hope every one of his jurors gets a life lesson to make them regret their decision to convict him.

Again I am confused which is not to hard to happen these days so please provide some guidance.
1. Federal Law state the School Safety Zone is 1000 feet surrounding all the land without exception.

2. There exceptions for holders of Firearms carry permits.

My question is where does it say I, with a Georgia Weapons License, can carry in the Federal Law designated 1000 foot safety zone?

Thanks in advance.