Help with carry laws pertaining to GA military members?!?!

Discussion in 'GA Laws and Politics' started by guardguy, Oct 17, 2010.

  1. guardguy

    guardguy New Member

    63
    0
    0
    I live in Georgia and I am prior service active duty Army. I joined the Army National Guard last week. Now I am all confused. I have a GFL and know the carry laws as they applied to me, but how does it apply to me now that I am again in the military???

    O.C.G.A. § 16-11-130 states military are exempt from 16-11-126 through 16.11.127.2Exemptions from Code Sections 16-11-126 through 16-11-127.2
    (3) Persons in the military service of the state or of the United States;

    O.C.G.A. § 16-11-126
    Possession and carrying a concealed weapon; penalty for violating licensing requirement

    O.C.G.A. § 16-11-127
    Carrying weapons in unauthorized locations; penalty

    O.C.G.A. § 16-11-127.1
    Carrying weapons within school safety zones, at school functions, or on school property

    O.C.G.A. § 16-11-127.2
    Firearm or weapon on premises of nuclear power facility

    The way it reads, I am exempt from needing a GFL which is not an issue to me because I have one and plan on keeping it. The thing that really puzzles me is it seems to read I am exempt from off-limits areas? 16-11-126 does not state I am only exempt while on duty carrying a duty weapon. Can someone please shed light onto this?
     
  2. Adam5

    Adam5 Atlanta Overwatch

    13,605
    155
    63
    You are exempt whether on or off duty.
     

  3. Adam5

    Adam5 Atlanta Overwatch

    13,605
    155
    63
    By the way, :welcome: to GPDO.
     
  4. guardguy

    guardguy New Member

    63
    0
    0
    Wow, thanks for the quick answer! The ability of military members to carry in off limits area has me blown away. I don't plan on carrying to an off-limits areas and trying it out but it is very nice to know Georgia has extended that ability to those serving in the military.

    I wonder how familiar law enforcement is with this regulation?
     
  5. higabyte

    higabyte New Member

    126
    0
    0
    Not very familiar, I can assure you of that ...
     
  6. higabyte

    higabyte New Member

    126
    0
    0
    Where are you located at?
     
  7. guardguy

    guardguy New Member

    63
    0
    0
    Living in Athens, GA and drilling in the NE Georgia area. Been a GCO member for a couple years but a little slow to join the board till I found myself stumped by the laws.
     
  8. dunkel

    dunkel New Member

    1,153
    0
    0
    Welcome.

    I am also in the Guard and carry exclusively on my 16-11-130 exemption, both OC and CC. I don't generally get around "off limits" places during my normal routine, but have hit one or two of them (although I admit I CC in those places, just to avoid potential hassle).

    I wish I could report that carrying on your ID is no problem with the cops, but I honestly have yet to have an encounter. Even when I OC, most people are either oblivious or just give me a funny look without saying anything.
     
  9. guardguy

    guardguy New Member

    63
    0
    0
    I like to CC but have OC'ed on occassion. With my hair cut and build anyone seeing me carrying would probably guess I am either a LEO or military member.
     
  10. rmodel65

    rmodel65 Yukon Cornelius

    11,607
    39
    48



    why not you will help keep the rest of the non exempt people safe :righton:
     
  11. guardguy

    guardguy New Member

    63
    0
    0
    Is there any federal carry laws that trump state law for certain off limits areas? I would think there is federal laws against carry in Post Offices, federal buldings and there similar places?
     
  12. higabyte

    higabyte New Member

    126
    0
    0
    Thats out for debate (i think haha)...

    viewtopic.php?f=11&t=52216

    I was going through the federal code and came across what looks to be an exemption for us military members, but I think I'm reaching so we'll see ...
     
  13. janedoedad

    janedoedad Liver Abuser

    1,044
    16
    38
    Federal is Federal! The Georgia statute about military carry (which is one of the best state laws EVER!) does NOT APPLY at the federal level. You can't carry in Federal Buildings, SSA Office, Post Offices and so on unless, authorized by federal statute.

    The use of military ID in lieu of a GWL has been discussed before. The concensus was to get a GWL as well. Also, carry a copy of 16-11-130 with you. It may save you from an unpleasant ride. As noted (in general) LEOs are not familiar with this statute.

    Not addressing the federal parks/forests issue as that is a different can of worms.
     
  14. fflintlock

    fflintlock Active Member

    1,918
    1
    36
    I'm glad ya'll can carry into "certain" places without a GWL.
    But I keep asking myself, what is the difference between a 20 yr. old Guardsman and a 53 yr old prior service, with no criminal record ?
    hmmmm
     
  15. janedoedad

    janedoedad Liver Abuser

    1,044
    16
    38
    Because the 53 year old prior service member has been discharged from their military obligation. They are no longer in the military service of the state or united states. Your 20 year old guardsman still serves his state and country. The minute the enlistment is up or the servicemember is discharged, he is no longer authorized to carry under the provisions of OCGA 16-11-130
     
  16. higabyte

    higabyte New Member

    126
    0
    0
    True, but the rights carry over for LEO's... (i think) Lol So it is a feasible question. Except, I think the proper question would be retired service member vice just prior service...

    But if I'm retired, I still maintain a military id, so not sure if that would suffice or not for carrying under ga law. I'm thinking not.
     
  17. fflintlock

    fflintlock Active Member

    1,918
    1
    36
    That's not what I meant,,,,,,,,,
    Why is a "mature" person, with no criminal history, any more of a liability then then a younger person, regardless of their status in a military or law enforcement manner ?
     
  18. higabyte

    higabyte New Member

    126
    0
    0
    Gonna go out on a limb here and say because we are constantly going through various phases of training and what not and then even real world stuff.
     
  19. rmodel65

    rmodel65 Yukon Cornelius

    11,607
    39
    48

    that 53 year old can always volunteer with the GSDF and hold their previous rank in the state military and be exempt :wink:
     
  20. fflintlock

    fflintlock Active Member

    1,918
    1
    36
    Maybe I'm beat'n around the bush to much.
    Why should anyone, have more of a right to defend themselves, then the next person. I'm not buying the "more worldly" or "up to date tactic" stuff. There is nothing in the 2nd amend. that states leo's and military are different.
    I am in no way trying to take anything away from anyone. I'm simply asking, what's the difference between person A and person B, as it pertains to being able to protect yourself, no matter where you are, or what your station in life is.