GSDF membership = right to carry concealed?

That's an interesting thought . . . I'll hafta think 'bout it, though.

 

"All duties imposed by the military law or other statutes of the state or by regulations issued thereunder upon units, commissioned officers, warrant officers, and enlisted personnel of the organized militia are imposed upon the units, commissioned officers, warrant officers, and enlisted personnel, respectively, of the State Defense Force. All rights, privileges, and immunities conferred by the military law or other statutes of the state or by regulations issued thereunder upon the units, commissioned officers, warrant officers, and enlisted personnel of the Georgia National Guard or of the organized militia are conferred upon the units, commissioned officers, warrant officers, and enlisted personnel, respectively, of the State Defense Force except as otherwise prescribed in this chapter; provided, however, that the provisions of Code Sections 38-2-279 and 38-2-280 shall not be applicable to personnel of the State Defense Force. Such rights, privileges, and immunities include relief from civil or criminal liability for acts done while on duty; rights to pay, allowances, and other compensation; expenses and subsistence; arms, uniforms, and equipment; provision, maintenance, use, and
control of armories; eligibility to appointment on the military staff of the Governor; exemption from civil process and from jury duty; right of way; right to wear the uniform and to parade with firearms; and all other rights, privileges, and immunities created by statute or custom not hereinbefore specifically enumerated."

O.C.G.A. 38-2-54

 

38-2-279 and 38-2-280 have to do with pay for state employees while deployed with the National Guard and such. That is what does not apply to the GSDF.

The rest of it appears to apply, with the most pertinent phrase for purposes of this discussion being at the end, "and all other rights, privileges, and immunities created by statute or custom not hereinbefore specifically enumerated."

I would think 16-11-130(a)(3) would be one of those privileges created by statute but not specifically listed . . .

We won't know until one of you goes out, joins, the SDF, carries openly into a police station, and gets arrested. Even then, we still won't know until you fund both the trial and appeal, which will take several years.

At first blush, though, this looks very interesting as a way around the restrictions inherent in Georgia's archane system of laws for those who want to direct traffic in the hot sun and not carry a firearm while on duty.

Do they have a special operations force?

 

Re: MilK iT For All it's Worth

They're not, at least for military, and, in addition to the statute, I believe there is an AG opinion. We were examining whether the same exception works for the SDF.

It sure looks like it.

I think the equal protection argument is rather weak, however, given the likely standard of review to be applied.

Even if it was not weak, you could almost say the same thing about any of the exceptions. Wouldn't that be fun to argue!

 

Nowhere while on duty or in uniform or driving to and from drill. GSDF does not allow weapons!

 

16-11-130.

(a) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:
(1) Peace officers . . . ;

(2) Wardens . . . ;

(3) Persons in the military service of the state or of the United States;


Does that help?