[Hack Causality]

I'd like to present a series of scenarios and my interpretation of whether each is legal or not. I'd appreciate it if someone with a better mind for legalese could tell me where I'm wrong. All regard an individual with a GWL.

Legal:
Leaving a handgun inside a car parked in the student parking lot while the owner attends class.
Carrying a handgun while picking up a student from a different college.
Leaving a handgun inside a car parked in the visitor's lot of a different college while the owner conducts business.

Illegal:
Carrying a handgun while eating in the college cafeteria immediately before or after picking up/dropping off a student.
Carrying a handgun while walking about campus at the invitation of a student.

 

[Andrew32]

i agree with your interpretations. I have spoken numerous times with SPSU police and that is my understanding that a valid GFL holder can carry as long as it is in his vehicle.

 

[Hack Causality]

A dubious scenario:

Stepping out of the car and greeting the individual being picked up, while carrying a handgun.

 

[nitrogenated]

Its my interpretation that students with a GWL cannot keep a gun locked up on a campus parking lot they attend based on this section:

"O.C.G.A. § 16-11-127.1
(c) The provisions of this Code section shall not apply to
...
(8) A weapon possessed by a license holder which is under the possessor's control in a motor vehicle or which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school;"

Am I correct in this interpretation, or did I miss something?

 

[antjay76]

Its my interpretation that students with a GWL cannot keep a gun locked up on a campus parking lot they attend based on this section:

"O.C.G.A. § 16-11-127.1
(c) The provisions of this Code section shall not apply to
...
(8) A weapon possessed by a license holder which is under the possessor's control in a motor vehicle or which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school;"

Am I correct in this interpretation, or did I miss something?

You missed something. A car is private property and the parking lot is not considered part of the campus anymore. But the building is, so you can be in the parking lot with your weapon (not just a gun now, either) on your hip (or in your pocket) all day long, but if you enter the building and it is visible you will be violating the law.

If you are in college, ask for the letter that was sent from the Board of Regents concerning SB 308 and GA colleges.

 

[CountryGun]

Don't forget the "chosen ones", those exempt under 16-11-130, like court clerks, LEOs, service members, and many others. Folks have made good arguments that a service member should also have a GWL to avoid violating federal law in a college, so most do, but many of these "chosen ones" sit in those classrooms while armed.

 

[Priest]

Its my interpretation that students with a GWL cannot keep a gun locked up on a campus parking lot they attend based on this section:

"O.C.G.A. § 16-11-127.1
(c) The provisions of this Code section shall not apply to
...
(8) A weapon possessed by a license holder which is under the possessor's control in a motor vehicle or which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school;"

Am I correct in this interpretation, or did I miss something?

However.... the student would have protection under (emphasis mine)

(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 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 he or she has any weapon legally kept within a vehicle when such vehicle is parked at such school property or is in transit through a designated school zone;

7 is a separate exception from 8.... so they would not get the protection of section 8, but they would get 7.... 8 does not nullify 7.... you can get ANY of the exceptions. Notice it does not mention anything about the person attending the school.

 

[nitrogenated]

Thanks for clearing that up, I commute to class right now and wasn't happy with having to completely disarm to and from school.

 

[GAGunOwner]

Don't forget the "chosen ones", those exempt under 16-11-130, like court clerks, LEOs, service members, and many others. Folks have made good arguments that a service member should also have a GWL to avoid violating federal law in a college, so most do, but many of these "chosen ones" sit in those classrooms while armed.

There is no federal law over colleges so the "chosen ones" are legal without a GWL. The federal law only covers K-12 so that's where they'd also be required to have a GWL.

 

[GAGunOwner]

...but if you enter the building and it is visible you will be violating the law.

In Georgia is is either legal to carry in a location or it is not. It doesn't matter if it is concealed or carried openly.

 

[CountryGun]

Don't forget the "chosen ones", those exempt under 16-11-130, like court clerks, LEOs, service members, and many others. Folks have made good arguments that a service member should also have a GWL to avoid violating federal law in a college, so most do, but many of these "chosen ones" sit in those classrooms while armed.

There is no federal law over colleges so the "chosen ones" are legal without a GWL. The federal law only covers K-12 so that's where they'd also be required to have a GWL.

You are once again correct, sir! The federal restriction does only apply to K thru 12. So, a service member with a GWL could attend his or her football game while armed, couldn't they?

 

[GAGunOwner]

So, a service member with a GWL could attend his or her football game while armed, couldn't they?

Yes, no GWL required. If they wanted to visit a high school football game on a high school campus in GA they'd be required by federal law to also have a GWL.

 

[Hack Causality]

So, a service member with a GWL could attend his or her football game while armed, couldn't they?

Yes, no GWL required. If they wanted to visit a high school football game on a high school campus in GA they'd be required by federal law to also have a GWL.

Since you seem to be much more skilled at reading the raw, would you mind commenting on the situations I mentioned in the first and third posts?

 

[antjay76]

...but if you enter the building and it is visible you will be violating the law.

In Georgia is is either legal to carry in a location or it is not. It doesn't matter if it is concealed or carried openly.

If they cannot see it, how will the security or police know if you are carrying? I mean there have been a few times i have gotten out of my car on campus and had to go to my trunk with my weapon visible, now there is nothing anyone can do about it that is what I mean.

 

[CountryGun]

...but if you enter the building and it is visible you will be violating the law.

In Georgia is is either legal to carry in a location or it is not. It doesn't matter if it is concealed or carried openly.

If they cannot see it, how will the security or police know if you are carrying? I mean there have been a few times i have gotten out of my car on campus and had to go to my trunk with my weapon visible, now there is nothing anyone can do about it that is what I mean.

May be legal in Alabama, but not in Georgia. I mean openly carrying outside of the car, unless you're picking up or dropping off a student.

 

[antjay76]

CountryGun

I am confused with your reply would you mind clarifiying what you're trying to say, please?

 

[CountryGun]

CountryGun

I am confused with your reply would you mind clarifiying what you're trying to say, please?

I'm saying that carrying on your person, for even a casual move to your trunk, would be illegal in Georgia. You may only carry (K thru 12) when picking up or dropping off a student. I may be wrong in assuming you could enjoy the same liberty on a college campus. I would think you could, using the same code, but I''m sure someone will straighten me out soon.

 

[GAGunOwner]

...but if you enter the building and it is visible you will be violating the law.

In Georgia is is either legal to carry in a location or it is not. It doesn't matter if it is concealed or carried openly.

If they cannot see it, how will the security or police know if you are carrying? I mean there have been a few times i have gotten out of my car on campus and had to go to my trunk with my weapon visible, now there is nothing anyone can do about it that is what I mean.

If you were carrying a crack rock in your pocket how would the police know you were carrying it? Would the fact that the police never found out make the crack rock any less illegal?

 

[CountryGun]

So, a service member with a GWL could attend his or her football game while armed, couldn't they?

Yes, no GWL required. If they wanted to visit a high school football game on a high school campus in GA they'd be required by federal law to also have a GWL.

Since you seem to be much more skilled at reading the raw, would you mind commenting on the situations I mentioned in the first and third posts?

Hack, you could wear us out with scenarios! :lol: I thought it was clear that the illegal actions you'd listed in the OP were illegal. Your third post would also be illegal.

ETA: I think I'm wrong. I had to reread the post. This is a student your picking up? You're probably okay, but it would be up to security police to decide.

 

[antjay76]

CountryGun

I am confused with your reply would you mind clarifiying what you're trying to say, please?

I'm saying that carrying on your person, for even a casual move to your trunk, would be illegal in Georgia. You may only carry (K thru 12) when picking up or dropping off a student. I may be wrong in assuming you could enjoy the same liberty on a college campus. I would think you could, using the same code, but I''m sure someone will straighten me out soon.

With the passage of SB 308 the parking lot is no longer part of the enforceable property and

Just a personal thought: And even if it was, if an officer can see you moving to your trunk, placing your weapon in it and removing your bookbag all in the 2 minutes it takes them to reach you what is the process they would have to follow? Knowing that they did see you close the trunk with your weapon inside why would they get you on a misdemeanor anyway?