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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?
 

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Boy Racer said:
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?
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/
Farmer v. State 112 Ga.App. 438 1965 Having a gun accessible in a car up to 200 yards away may violate the public gathering provision.
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
(a)(1) For the purposes of this Code section, the term "pistol" or "revolver" means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term pistol or revolver shall not include a gun which discharges shot of .46 centimeters or less in diameter.

(2) For the purposes of this Code section, a pistol or revolver is considered loaded if:

(A) There is a cartridge in the chamber or cylinder of the pistol or revolver;

(B) The person is carrying on his or her body or attached to his or her clothing the pistol or revolver and the ammunition for such pistol or revolver; or

(C) The pistol or revolver and the ammunition for such pistol or revolver are in such close proximity to such person that such person could readily gain access to the pistol or revolver and the ammunition and load the pistol or revolver.
 

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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.
 

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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.
 

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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.
 

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GAGunOwner said:
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.
That is also my understanding of the law.
 

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Gunstar1 said:
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/
Farmer v. State 112 Ga.App. 438 1965 Having a gun accessible in a car up to 200 yards away may violate the public gathering provision.
See also - Culberson v. State a 1904 case, regarding 175 to 200 yards . . .

There is more than just Farmer!
 

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curtdiss said:
Ah, but is a loaded magazine considered a weapon?
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??
Very good question. I have been thinking about this issue myself.
 

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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...
 

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ntech said:
curtdiss said:
Ah, but is a loaded magazine considered a weapon?
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??
Very good question. I have been thinking about this issue myself.
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.
 

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Malum Prohibitum said:
ntech said:
curtdiss said:
Ah, but is a loaded magazine considered a weapon?
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??
Very good question. I have been thinking about this issue myself.
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.
What if the car is parked outside a PG?
 
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