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Discussion in 'GWL News & Information' started by GAGunOwner, Jun 21, 2006.
Read with the voice of the "church lady" -
Well, isn't that special? (Isn't he special?)
I guess I shouldn't talk - I carried every day all the way through school - but, then, I was not a hypocrite, as I thought everybody else should have been able to do the same.
I am not sure your acquaintance feels the same way (everybody wants to be "special," even if they have to hold somebody else down to feel that way).
I don't have the law in front of me, but IIRC, techincally officers are either supposed to be on duty or going to or from duty to have a firearm in a "school safety zone". I know of one university in the Atlanta area that does not allow off duty officers from other agencies to carry on campus. The law sets some exceptions such as an authorized shooting sport event or for authorized demonstrations such as historical displays.
GAgunowner, you have identified one of many quirks in the statutes. 127.1 lists within it some exemptions. 130 lists more exemptions that apply to 126-128. So, being on either list will get you an exemption. There is at least one subtle difference, though. The exemptions in 130 are laid out as affirmative defenses. This means that the state need not prove that the exemptions don't apply. It is not clear whether the exemptions of 127.1 are affirmative defenses or not. A defendant could argue that, if he raises one of the exemptions of 127.1, the state would have the burden of proving that the exemption does not apply. But, aside from that level of detail, someone could qualify for exemptions from either or both lists.
They pass laws without understanding the laws that already existed.
Yes, but I'd say it slightly differently. There is no "on duty" requirement in 130 for the exemption afforded someone on the list.
The Georgia Military exemption applies to members of the armed forces, on or off duty. Also, it applies to members of the National Guard that are only part-time military.
I am not a lawyer. Most cops do not know about this law, so you'd have a lot of explaining to do if you are caught carrying somewhere. If you're going to use the military exemption, carry a copy of the appropriate statutes and the Attorney General's unofficial opinion, as well as the card for an attorney if you actually do get arrested and charged, which is still very possible.
I am a member of the Georgia Army National Guard, so I qualify for the military exemption. The same would be true of the Regular Army, Marine Reserves, and so on. I have no idea whether members of the Georgia State Defense Force are also afforded these exemptions while off-duty. I also do not know if members of the National Guards of other states would be exempt.
I am not a lawyer.
Military members are exempt from the following:
16-11-126 prohibits the carrying of firearms and other types of weapons (brass knuckles, knives with blades over 2 inches, collapsable batons, etc.) It also prohibits the carry of a pistol without a holster, and it makes it a crime to keep a firearm in an automobile in certain ways without a license.
16-11-127 prohibits Georgia Firearms License holders from carrying in "public gatherings" including, but not limited to, sporting events, churches, political rallies, public buildings, bars, and restaurants which serve alcohol.
16-11-127.1 prohibits weapons from within 1000 feet of any school, including colleges.
16-11-128 prohibits carrying a pistol without also carrying a license.
16-11-134 prohibits discharging a firearm while intoxicated.
16-12-123 prohibits possession on any commercial plane, train, or bus without permission.
16-12-127 prohibits possession in any transportation terminal.
12-3-10 prohibits possession of weapons in state parks or historical sites.
Federal law prohibits possession in National Parks, and certain types of federal buildings (courthouses, etc.). It also prohibits possession on military compounds.
State, federal, and municipal laws regarding discharges of weapons, use of force, and possession of firearms while in commission of other crimes.
Note: this is an UNOFFICIAL OPINION. The Attorney General's office is required by law to provide guidance when requested to the legal community. These opinions are not binding in any way, so police, judges, and district attorneys can ignore them. Even the attorney general's office can later change their mind and take an opposing approach. HOWEVER, these unofficial opinions are usually followed.
I am not a lawyer.