Locked in the car = possession?

Discussion in 'GA Laws and Politics' started by Boy Racer, Aug 24, 2007.

  1. Boy Racer

    Boy Racer New Member

    917
    0
    0
    Where is the state law that reads a gun in my vehicle still equals my possessing it, even if I'm not in the car? I've been looking and can't find that text.

    What is the state's definition of possession/carrying?

    Isn't it true that, according to the State of Georgia, an unloaded firearm, on my person, with bullets in my pocket still equate to my carrying a loaded firearm?
     
  2. Gunstar1

    Gunstar1 Administrator

    8,460
    5
    38
    gun in car is not state law, it is court caselaw. It is not posession per say, it is that it was brought to a public gathering. http://www.georgiapacking.org/caselaw/
    While the law says this is only for those under 18, it is the only real definition. 16-11-132 http://www.georgiapacking.org/GaCode/?t ... ection=132
     

  3. budder

    budder Moderator Staff Member

    Wow. Apparently I wasn't reading well the last time I looked at that. Can someone confirm that a loaded magazine is not considered a weapon/firearm?
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,081
    253
    83
    Those definitions are for minors only.
     
  5. budder

    budder Moderator Staff Member

    Ah, but is a loaded magazine considered a weapon?
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,081
    253
    83
    I suppose if you smacked somebody over the head with it hard enough.
     
  7. wsweeks2

    wsweeks2 New Member

    6,306
    0
    0
    Or in the PR of MD.
     
  8. gunsmoker

    gunsmoker Lawyer and Gun Activist

    24,122
    71
    48
    actual and constructive possession

    In the law, when it comes to someone having possession of something that they shouldn't have, there are two types of possession. ACTUAL and CONSTRUCTIVE. You have "actual" possession of the things in your hand, in your pocket, strapped to your body, or easily accessible to you within arms' reach. You have "constructive possession" of things further away from you than that if you still have both the ability and the intent to be able to access them if you should decide to, or if you exercise "dominion and control" over a thing remotely, such as by having another person possess the thing and use it per your directions.

    If you do some internet research on those terms, "actual possession" and "constructive possession," you will see how you possess all the things in you house, even when you're not home, and you possess the gun that you leave in your parked car.
     
  9. gunsmoker

    gunsmoker Lawyer and Gun Activist

    24,122
    71
    48
    HYPOTHETICAL

    Your house catches on fire. You're not home. The firefighters flip over your burning mattress to spray water on the other side and find a collection of child-porn magazines. They call the cops. Can the cops arrest you for "possession" of child porn? Even when you were 50 miles away when the stuff was found in your unoccupied home? You betcha.
     
  10. budder

    budder Moderator Staff Member

    Well, I'm asking because in Texas a loaded magazine is treated just like a gun*.



    *to my understanding.
     
  11. GAGunOwner

    GAGunOwner Active Member

    To the best of my knowledge I think it would be illegal to carry an unloaded pistol (with no ammo on your person) to or while at a public gathering.

    It would also be illegal to carry an unloaded pistol without a GFL.

    Please correct me if I'm wrong.
     
  12. budder

    budder Moderator Staff Member

    That is also my understanding of the law.
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,081
    253
    83
    See also - Culberson v. State a 1904 case, regarding 175 to 200 yards . . .

    There is more than just Farmer!
     
  14. curtdiss

    curtdiss Member

    884
    2
    18
    I am hoping NOT. Some times my wife and I swap cars and I always have a loaded mag or two in the center console. Could she get in trouble if pulled over while driving my car and the mags were discovered??
     
  15. ntech

    ntech Member

    406
    0
    16
    Very good question. I have been thinking about this issue myself.
     
  16. ptsmith24

    ptsmith24 New Member

    8,809
    0
    0
    I remember people getting in trouble in HS and middle school for having a bracelet or a necklace with a completely disabled cartridge on it. Even if it wasn't disable, wtf are they going to do with one bullet? Even with a hammer and a nail...I mean, c'mon...
     
  17. ptsmith24

    ptsmith24 New Member

    8,809
    0
    0
    Then again, one doesn't have rights in school, apparently.
     
  18. wsweeks2

    wsweeks2 New Member

    6,306
    0
    0
    It's no wonder why people just roll over and give up their rights - it's indoctrinated into their thinking while in school.
     
  19. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,081
    253
    83
    I cannot think of one single reason why a loaded magazine is considered a weapon. Even if it was, a center console is an appropriate place for it, unless your wife is a convicted felon.
     
  20. ntech

    ntech Member

    406
    0
    16
    What if the car is parked outside a PG?