Marine Reserve Question?

Discussion in 'General GWL Questions' started by GAGunOwner, Apr 12, 2006.

  1. Gunstar1

    Gunstar1 Administrator

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    I will post about the reserve being exempt or not in a seperate post.

    Persons in the military service of the state or of the United States are exempt from 16-11-126 thru 16-11-128.
    126 is the offense of carrying a concealed weapon
    127 is public gathering
    127.1 is schools and school zones
    128 is the offense of carrying a pistol without a license

    Additionally 16-12-123 the hijacking of a bus, plane or rail car is also exempt. Strangly however, they are not exempt from the bus, plane or rail car terminal law 16-12-127.
     

  2. Gunstar1

    Gunstar1 Administrator

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    Now lets look at:
    Persons in the military service of the state or of the United States

    Well it seems to me that USMC Reserves counts to the exemption.
     
  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    The exemption in OCGA 16-11-130(a)(4) does not say anything about "active duty." I just wanted to throw that in on the unlikely chance that your last quote confused the original poster.

    As a result, I believe the answers to the original questions are :

    (1) No.

    (2) Yes. No.
     
  4. USMC - Retired

    USMC - Retired Active Member

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    OK I've asked this before but I'll try again. If the reference does not specify active duty then would a Retired Marine be exempt as well. Bear in mind that a Retired Marine is actually on "Inactive Reserve"
     
  5. Gunstar1

    Gunstar1 Administrator

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    Well, 16-11-130 has other parts that say current and retired LEO's but it does not say that same thing for military.

    On the other hand, retiring from the military is not the same as a LEO retiring as you can be called back from military retirement.

    My reading is that as long as you can be called back to duty, you are exempt.

    :ianal:
     
  6. ls1ssdavid

    ls1ssdavid New Member

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    Military

    USMC- Retired... "Once a Marine always a Marine" some one needs to tell that to the AG.
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Once a Marine, always a Marine, maybe, but so far that has not made its way into O.C.G.A. 16-11-130. I will let you make the call, but I do not think "retired" fits the full time or part time language GS1 quoted above . . .

    Well it seems to me that USMC Reserves counts to the exemption.[/quote:298us2ej]
     
  8. JC

    JC New Member

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    What about National Guard of Another State?

    Good discussion. I have a follow-up question. I am a Traditional Guardsman (part-time) of a neighboring state, but live and possess a CCW in Georgia.

    Given that 16-11-130 says:
    and 32-2-2 says:
    and:
    I am a member of the United States Armed Forces and enjoy all of the benefits associated with that status, but my official duty status (most of the time) is Title 32 status tied to the state of Alabama. I am not, however, a member of the Georgia National Guard.

    Do you think that a member of another state's National Guard meets the exemption of 16-11-130?

    Thanks,
    JC
     
  9. ls1ssdavid

    ls1ssdavid New Member

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    I'm no lawyer but...

    To me that means the Georgia National Guard and the Armed forces of the United States... Army, Navy, Air Force and Marine Corps

    Sorry man