Having gun in Car

Discussion in 'General GWL Questions' started by Guest, Sep 19, 2007.

  1. Guest

    Guest Guest

    I have a quick question about having my gun in the car.

    Does it have to be in a holster while in the car, or can I just have it out of a holster in the glovebox, etc.

    I do not have my GFL yet, as I am going to go to the Cherokee County Courthouse this Friday.

    thanks again...
     
  2. mzmtg

    mzmtg Active Member

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    It does not have to be in a holster.
     

  3. USMC - Retired

    USMC - Retired Active Member

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    Nothing in the code about being holstered or cased if it's in either the glove box or console.*

    *I am not a lawyer, your milage may vary, please consult your physician prior to starting any new excersise program...
     
  4. Adam5

    Adam5 Atlanta Overwatch

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    Just keep in mind that until you have your GFL, it must be in the glove box, closed center console, or exposed to view from all four sides of the car.
     
  5. SigP229

    SigP229 Active Member

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    I thought that openly sitting on passenger seat would be in plain view but then it would only be exposed to 3 sides.
     
  6. Adam5

    Adam5 Atlanta Overwatch

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    I'm at work and don't have the time to find the case at the moment, but there was a case where a car was stopped, an officer on one side of the car saw a pistol and an officer on the other side didn't. The driver was charged with illegally concealing a weapon. The judge said the the firearm smust be visible from all sides of the vehicle.
     
  7. mzmtg

    mzmtg Active Member

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    Only in Georgia… :roll:

    “I can see a gun in the door pocket of your car, therefore it is illegally concealed.â€
     
  8. VolGrad

    VolGrad Tactical Statistician

    So to be visible from all 4 sides, you would need to hang it from the ceiling with fishing line. Just leave it dangling around for all to see. LOL.
     
  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    From our Case Law page here:

    Ross v. State, 255 Ga. App. 462 (2002) A handgun "half-hidden" in the backseat "is not 'fully exposed' and therefore constitutes an illegal concealed weapon."
    Quirk: The court claims it was a ".9 mm semiautomatic handgun" - that's pretty small!

    Lindsey v. State, 259 Ga. App. 389 (2003) (Court of Appeals) Motorist arrested for carrying a concealed weapon after police officer observed a handgun in the open side pocket of his passenger door during a traffic stop.

    Lindsey v. State, 277 Ga. 772 (2004) (Supreme Court) For a motorist without a firearms license, a gun must be either in the glovebox, center console, or similar compartment, or fully exposed to the view of others. The pocket of a door is not a "similar compartment" because it does not have a closing lid.
     
  10. Guest

    Guest Guest

    I guess I could tie some string (probably rope) around it and dangle it from the rear-view mirror, kind of like an air freshener.... :lol:

    Seriously though, thanks for the info...
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    " . . . an armed person does not comply with the mandate of the statute unless his or her weapon is displayed so as to be visible to all observers."

    Supreme Court in Lindsey v. State
     
  12. wsweeks2

    wsweeks2 New Member

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    What if the observers aren't looking hard enough, or choose not to see it i.e. some LEO's? :wink:
     
  13. MrMorden

    MrMorden New Member

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    Or worse yet, what if he's above the vehicle looking down, and can't see it through the roof?

    Georgia laws in this regard are FUBAR.
     
  14. ptsmith24

    ptsmith24 New Member

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    If mine's in the glovebox, it's in the holster. I don't want it to get into any fights with a tire pressure gauge or something :lol:
     
  15. slabertooch

    slabertooch New Member

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    Gotta keep those evil SOBs from getting loose, never know what bad things they will do. I look at a holster like it is a straight jacket for my evil, nasty gun, I can't trust that thing worth a damn.
     
  16. Wiley

    Wiley Guest

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    Or the guy in the man hole looking up? (or person hole if you're PC)
     
  17. gsusnake

    gsusnake Token Liberal Hippie

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    Yeah, I've got the holster piece (separated from the belt loop) of a Blackhawk CQC without retention that the gun sits in when it's not on my body and is anywhere in the car it might get moved about.
     
  18. Rammstein

    Rammstein New Member

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    Ah the joys of a manual safety...
     
  19. gsusnake

    gsusnake Token Liberal Hippie

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    I'm probably OK with the enormous 90 pound DA trigger pull (OK, it's not that much, but that's what it feels like) but I'm not taking any chances.
     
  20. jeepsterwannabe

    jeepsterwannabe New Member

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    Then I guess you should just hold it up in the air above the seats when the officer is walking toward your car, so he can se it really well, oh and also start screaming out the window " I gotta gun" :crossfinger: