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Discussion Starter · #1 ·
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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.
 

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

38-2-2(5) 'Military service of the state,' as to military personnel, means service in or with a force of the organized militia or in the Military Division, Department of Defense.
(2) 'Active service' and 'active duty' mean military duty in or with a force of the organized militia (not including the inactive National Guard) or in the Military Division, Department of Defense, either in a full-time status or in a part-time status, depending upon the conditions under which the duty is performed.
Well it seems to me that USMC Reserves counts to the exemption.
 

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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.
 

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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"
 

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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:
 

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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 . . .

Gunstar1 said:
Now lets look at:
Persons in the military service of the state or of the United States

38-2-2(5) 'Military service of the state,' as to military personnel, means service in or with a force of the organized militia or in the Military Division, Department of Defense.
[quote:298us2ej](2) 'Active service' and 'active duty' mean military duty in or with a force of the organized militia (not including the inactive National Guard) or in the Military Division, Department of Defense, either in a full-time status or in a part-time status, depending upon the conditions under which the duty is performed.
Well it seems to me that USMC Reserves counts to the exemption.[/quote:298us2ej]
 

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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:
(3) Persons in the military service of the state or of the United States
and 32-2-2 says:
(5) 'Military service of the state,' as to military personnel, means service in or with a force of the organized militia or in the Military Division, Department of Defense.
and:
(10) 'Organized militia,' 'all or any part of the organized militia,' 'organized militia or any part thereof,' 'any force of the organized militia,' and 'organized militia or any force thereof' mean, severally, the Army National Guard, the Air National Guard, the Georgia Naval Militia, when organized, and the State Defense Force, when organized, and include any unit, component, element, headquarters, staff, or cadre thereof as well as any member or members.
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
 
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