[chateau]

Link https://www.cbs46.com/news/gwinnett...6-11eb-81a7-6bd009a7053f.html?block_id=994626

Gwinnett County Solicitor General Brian Whiteside is asking Governor Brian Kemp and Georgia Attorney General Chris Carr to put armed protestors in the state on notice.

Whiteside said he would like Governor Kemp and Attorney General Carr to "inform and educate" the public about a law the solicitor general says outlaws armed protests in Georgia.

Gwinnett's solicitor general reports O.C.G.A. § 38-2-277(a) states "No body of men other than the organized militia, components of the armed forces of the United States, and bodies of the police and state constabulary and such other organizations as may be formed under this chapter shall associate themselves together as a military unit or parade or demonstrate in public with firearms."

 

[rmodel65]

Just don’t associate with the people there

 

[Jonathan Freeman]

Does this include the NFAC group as well? The ones who parade at Stone Mountain and had a negligent discharge that injured 3 people at another event? Would the county or state charge them? Just wondering since the law sometimes seems to be blind to certain groups.

 

[chateau]

Can't remember the exact language that defines off limits locations that was passed in SB308, but as I recall after defining the off limit locations for GWCL holders goes on to say something to the effect of " all other locations in the state shall be legal for carry".

This would seem to be in conflict with the code section the Gwinnett County Solicitor General is quoting or at least for GWCL holders.

 

[45_Fan]

Can't remember the exact language that defines off limits locations that was passed in SB308, but as I recall after defining the off limit locations for GWCL holders goes on to say something to the effect of " all other locations in the state shall be legal for carry".

This would seem to be in conflict with the code section the Gwinnett County Solicitor General is quoting or at least for GWCL holders.

The code quoted is specific to unregulated armed militias not just the 2A in general. Most every combat firearms class I've taken in Georgia has had oddly specific wording about (not) relating to militia activities in the waiver and consent forms, usually just after the not-a-felon attestation.

 

[gunsmoker]

Can't remember the exact language that defines off limits locations that was passed in SB308, but as I recall after defining the off limit locations for GWCL holders goes on to say something to the effect of " all other locations in the state shall be legal for carry"..

All other LOCATIONS may be good for carry, but not if do a prohibited ACTION that is forbidden in sone locations under SOME circumstances.

You would probably not get convicted under this law unless the State could show you were part of a body, a group, acting in concert, with some kind of leadership or command structure (I'd argue that a "body" must have a "head" -- a captain or capo).

Your act of joining that group in an armed parade or protest is the gist of the offense, not the geographic location of the event.

 

[gunsmoker]

Section 1-3 of Senate Bill 308 (2010)
repealed the gun ban at public gatherings, which had explicitly listed "political rallies or functions." So that's an express, clear, statement of approval to carry guns, to be armed, at a political rally or demonstration.


Section 3-2 says:
"All laws and parts of laws in conflict with this Act are repealed."


So, in order for the anti-private militia law to still have any effect, and not be repealed by SB 308, you would have to do something more than simply bring a weapon to a political rally function or demonstration.
As I said above I think you'd have to be recognized as part of an organized body of people with some type of structure.

 

[gunsmoker]

link to full text of SB 308, as passed.
https://www.legis.ga.gov/legislation/29042

 

[gunsmoker]

In the bigger picture,
if right wing gun nuts hold armed protests in GA even now, after the deadly storming of the U.S. Capitol, I think the General Assembly may restore a broad "public gatherings" law or a "no carry at political rallies or functions" gun ban that will impact more of our rights than the narrowly written anti-militia law.

 

[Bkite]

shall not be infringed.
Have a right to peacefully assemble.
Unless of course.....
Don't worry about such little things. It's all about over now. Joe's got this!

 

[phantoms]

Section 1-3 of Senate Bill 308 (2010)
repealed the gun ban at public gatherings, which had explicitly listed "political rallies or functions." So that's an express, clear, statement of approval to carry guns, to be armed, at a political rally or demonstration.

Section 3-2 says:
"All laws and parts of laws in conflict with this Act are repealed."

So, in order for the anti-private militia law to still have any effect, and not be repealed by SB 308, you would have to do something more than simply bring a weapon to a political rally function or demonstration.
As I said above I think you'd have to be recognized as part of an organized body of people with some type of structure.

But then lately the code commission writes the law as they see fit and the legislature seals it as it's written by them in a bill the following year. :screwy: