libraries and hospitals off limits?

Discussion in 'GA Laws and Politics' started by ZTC, Sep 28, 2010.

  1. ZTC

    ZTC Member

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    I thought the new bills changed them into legal places to carry but IV herd otherwise so I'm just trying to clear it up. So are libraries and hospitals off limits?
     
  2. Adam5

    Adam5 Atlanta Overwatch

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    Does a government entity meet there?
     

  3. slammy

    slammy New Member

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    Does "meet" matter?
     
  4. rmodel65

    rmodel65 Yukon Cornelius

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    last time i was in the hospital i had to sign a form that the acknowledged that the hospital had to respect all of my fundamental rights...and the right to bear arms is fundamental :sly: they are bound by federal law to respect them iirc what the form said correctly so i wonder if federal law would make carry lawful even if state law was contradictory
     
  5. Adam5

    Adam5 Atlanta Overwatch

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    Yes
     
  6. slammy

    slammy New Member

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    So if the county commission rents a part of a building and meets there once a month that building is off limits 24/7? No office, no phone just a meeting room.
     
  7. ZTC

    ZTC Member

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    Isn't it only where government officials are housed (where their office is)?

    In my mind if they rent a building just for meetings and they don't have a office / do their day to day work there its ok to carry? Someone please correct me if I'm wrong
     
  8. Adam5

    Adam5 Atlanta Overwatch

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    In this case, it would he off limits while they are meeting. Read OCGA 16-11-127
     
  9. slammy

    slammy New Member

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    Thought I did which was why I asked the question.
     
  10. CountryGun

    CountryGun New Member

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    Hospitals are amongst the few places I CC. It's probably one of the places where you'll find the most people ignorant of the law. And remember, signs do not carry any legal weight. I've never seen either a hospital or library with a metal detector, but I've read there are some places that do.
     
  11. phantoms

    phantoms Senior Mumbler

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    Some hospitals are teaching hospitals, meaning you are restricted the same as with schools and colleges. Some are government entities. Some may even be considered places of worship as in a religious hospital (hopefully places of worship wording will be ruled unconstitutional soon).

    While SB308 cleared up a lot, it left a lot still needing fixing.
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    https://www.georgiapacking.org/GaCode/?t ... ection=127
     
  13. RickN

    RickN New Member

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    Are there any rulings/legal opinions to back your statement up? A lot of what you mention would have been true prior to SB308, so I'd think the "teaching hospital is a school for gun law purposes" would have come up numerous times in arrests or news articles, for example.
     
  14. ZTC

    ZTC Member

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    Sorry MP my mind isn't working properly today can u simplify you quote. Please!
     
  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Well, I'll try. Please keep in mind that there are no clear answers to some of it.

    "Government building" means one of three things:

    First, the building in which a government entity is housed, but there is no definition for what "housed" means. You do need to look at the definition of Government Entity, though, because it does not mean a building that merely houses a government employee or employees. The building has to house a government entity. City Hall qualifies pretty easily. Hartsfield houses the city Aviation Department, and a department of a municipality is a government entity. Many other airports do not house anything similar and are therefore not off limits.

    Does a library house a government entity? Tricky, tricky. Is there a city department or board housed there? In some library systems this may include one library but not other branches. I just do not know the answer.

    Hospital - well, I think most are privately owned. Do we have government hospitals in Georgia?

    Second, the building where a government entity (must look up that word again) meets in its official capacity if the building is publicly owned. Again, the quintessential example would be City Hall, where the city owns it and the city council meets there.

    If it is a private building where the city council meets, however, then it is only a "government building" and off limits when the city council is in session.

    Does a hospital authority that is an instrumentality of the state or city or county meet in the privately owned building? Then the hospital is off limits during the meeting. I have no idea whether that is true ever in Georgia.

    Third, if a government entity is leasing part of a building, like Sheriff Oconee leases a part of a shopping mall for a Sheriff's Office, then only that Sheriff's Office area (where it is housed) is off limits. The rest of the mall is good to carry without violating the government building law.

    Now what is a Government Entity?

    Shrug.

    First, it must be related to the state, a county, city, (or combined city/county, like Athens or Columbus) or local school board. The entity is not a person. It includes any department or commission or body - like of course, city council. It also includes things that are harder to define and broaden the scope of the law's reach, like any office, agency, authority (hospital authority?), division, and so on. The intent was obviously to cover as many bases as possible.

    With libraries, they are publicly owned. Is one of these entities housed there? It is arguable that an office or department is housed there. Or a division. A county or city owns the library. It is arguable that maybe a branch library with some librarian and books is none of these things.

    I do not know the answer and would advise caution visiting there.

    Hospitals - mostly private here in Georgia, but then we are left with a situation where a person carrying a weapon must go perform a title search to see who owns it?

    No clear answer, but I hope my plain English clears up the intent of the statute. There was a point in the legislative session when the bill read only "meetings" but, well, a lot of things changes as the session moved forward.
     
  16. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  17. ZTC

    ZTC Member

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    Thanks MP! I think that helps me out alot! Places like that have always been kinda tricky but I think you just shed a little light on things for me! :righton:
     
  18. GAGunOwner

    GAGunOwner Active Member

    What does it matter? They are both (schools and government entities) misdemeanors with a GWL.
     
  19. Owl

    Owl New Member

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    Misdemeanors the first time. Doesn't that change if you're caught breaking the law twice? Or am I confused again?

    And yes - thanks MP for explaining that all out in detail...
     
  20. Adam5

    Adam5 Atlanta Overwatch

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    They are still costly to pay an atty to fight, they can still land you in jail, and will disqualify you from getting a GWL for 5 years.