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Discussion Starter · #1 ·
Hi I'm newly out of the USMC (honorable discharge). I live in CA now but still come to GA to visit family. my question is: Is the Military exemption only for active duty or active reserve. I am Individual Ready Reserve (IRR) but I do have the "old school" Geneva Conventions ID card. (green with B&W photo) am I allowed open or concealed carry in GA as a California resident while in IRR?


Thank you all for your time, Godbless
 

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Probably not but with your ID you might (probably) would be able to slip by.

Just get an out of state license that GA honors to be safe.
 

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Pretty sure the law applies to active duty only. Green card doesn't meet the req.
 

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I'm also going to say no. I'm also in the IRR and since the DoD doesn't give me a paycheck I do not consider myself "employed" by the armed services which I recall as being part of the exemption.
 

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vooduchikn said:
Pretty sure the law applies to active duty only. Green card doesn't meet the req.
The green card he is referring to IS a DD Form 2 - Armed Forces Identification Card, the same exact type as was issued to me back during my active AF days. Though they have been largely replaced by the new, vertical format Common Access Card ID cards for most active duty members, the old design one IS still a valid military branch ID card. If the exemption applies to members of the Georgia State Defense Force with a "pseudo-CAC card" as MANY GSDF members claim (pseudo in the sense that a "real CAC" issued ONLY from U.S. DOD has a chip in it that is not present in the GSDF card) issued by the state DOD, then why wouldn't it apply to someone from a FEDERAL reserve component, with a VALID Green (Active/Reserve/National Guard) ID? Not to be splitting legal hairs here, but if a holder of a GSDF ID card is exempt, then a member of the IRR (still subject to call-up, thus the IRR designation), then it had ***DARN WELL*** better apply to a member of the reserve (which includes the Individual Ready Reserve) or active forces!
 

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Discussion Starter · #8 ·
Thank you all very much, Its great to hear things from the Veterans who have experience in this matter as opposed to the active duty who, while still sacrificing for our country don't exactly have the background to make an educated decision. I think in the end this would come down to a "LEO to LEO" basis and could vary greatly by who you encountered. I actually have Utah permit I was just curious as to the fine points of GA law. Thank you all for your contributions, I greatly appreciate it.
 

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Dan4010 said:
This is a good time for me to ask this question...If you are active military but you do not live in Ga only visiting... are you still exempt and allowed to carry in GA???
Yes. your military ID card acts as your permit. I'm IRR however, I must have a permit to carry. The exemption is only for military personel carrying out official duties, and since an active duty member is ALWAYS on duty, you are exempt. And you don't have to be a resident.
 

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If you want to carry while in the IRR on your ID alone, go for it. I'm not going to be that test case though. I consider being employed in the armed forces of the US to imply that they give me a paycheck to perform random tasks that don't relate to common sense.

http://www.georgiapacking.org/ga-ag/u97-13.htm is the unofficial AG opinion stating that active duty, not IRR, are exempt. Again, unofficial but still better than nothing.
 

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COMMANDER1911 said:
Dan4010 said:
This is a good time for me to ask this question...If you are active military but you do not live in Ga only visiting... are you still exempt and allowed to carry in GA???
Yes. your military ID card acts as your permit. I'm IRR however, I must have a permit to carry. The exemption is only for military personel carrying out official duties, and since an active duty member is ALWAYS on duty, you are exempt. And you don't have to be a resident.
Pandashire said:
http://www.georgiapacking.org/ga-ag/u97-13.htm is the unofficial AG opinion stating that active duty, not IRR, are exempt. Again, unofficial but still better than nothing.
The unofficial AG opinion seems to address the specific question of active duty military: "Under Georgia law, active duty military personnel are exempted from the requirement of a firearms permit."
It doesnt say ONLY active duty, and it doesnt specifically exclude IRR, Guard, or Reserves, unless I mis-read it, which is possible....

O.C.G.A. § 16-11-130
Exemptions from Code Sections 16-11-126 through 16-11-127.2
(3) Persons in the military service of the state or of the United States;

This leaves a lot open to interpretation, as it doesnt specifically address Guard, Reserve, or IRR. Does "military service of the state" include traditional Guard (the one-weekend-a-month guys) or only fulltime AGR? Can you cite a specific Ga. Code or law that says this exemption DOESNT apply to IRR? Any legal beagles care to weigh in on this? :popcorn:
 

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IANAL, but this is what I'm talking about:

O.C.G.A. § 16-11-130
Exemptions from Code Sections 16-11-126 through 16-11-127.2

(a) Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:

(3) Persons in the military service of the state or of the United States;

Again, this is just my take on it. IRR receives no pay from the government so I will not consider myself employed by them until some case lets me know otherwise.
 

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Oh oh oh! I suggest using the SGLI test!

Covered under the SGLI? Carry on your ID.

Not covered under the SGLI? Don't.

I dunno, makes sense to me.

Edit for clarity: This assumes you were covered under the SGLI at some point. Not sure if GSDF is covered by it or not.
 

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Pandashire said:
Again, this is just my take on it. IRR receives no pay from the government so I will not consider myself employed by them until some case lets me know otherwise.
I would tend to agree with you, nothing wrong with playing it safe! :)

So I guess traditional Guard would be exempt from GWL requirements, as they are employed by the State, even if only part time, and receive a check for their monthly service? :?:
 

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stuk in irak said:
COMMANDER1911 said:
Dan4010 said:
This is a good time for me to ask this question...If you are active military but you do not live in Ga only visiting... are you still exempt and allowed to carry in GA???
Yes. your military ID card acts as your permit. I'm IRR however, I must have a permit to carry. The exemption is only for military personel carrying out official duties, and since an active duty member is ALWAYS on duty, you are exempt. And you don't have to be a resident.
Pandashire said:
http://www.georgiapacking.org/ga-ag/u97-13.htm is the unofficial AG opinion stating that active duty, not IRR, are exempt. Again, unofficial but still better than nothing.
The unofficial AG opinion seems to address the specific question of active duty military: "Under Georgia law, active duty military personnel are exempted from the requirement of a firearms permit."
It doesnt say ONLY active duty, and it doesnt specifically exclude IRR, Guard, or Reserves, unless I mis-read it, which is possible....

O.C.G.A. § 16-11-130
Exemptions from Code Sections 16-11-126 through 16-11-127.2
(3) Persons in the military service of the state or of the United States;

This leaves a lot open to interpretation, as it doesnt specifically address Guard, Reserve, or IRR. Does "military service of the state" include traditional Guard (the one-weekend-a-month guys) or only fulltime AGR? Can you cite a specific Ga. Code or law that says this exemption DOESNT apply to IRR? Any legal beagles care to weigh in on this? :popcorn:
Ah yes you are correct. It DOESN'T say only Active, or no IRR.....Interesting. And the state might mean "employed by" as simply a member of.
 

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O.C.G.A. § 16-11-130
Exemptions from Code Sections 16-11-126 through 16-11-127.2
(3) Persons in the military service of the state or of the United States

Here is my take, you are in the IRR, right? Does the IRR fit the definition of "MILITARY"? No definition is described in this subsection. Of course the IRR meets the requirement of being in the military. I am surprised the OP doesn't have a CAC card. The way the Army has gotten, you can't access your AKO's or Iperms without a CAC. If your old green ID is valid, as in not expired, I would say you are covered.

I am going into the Laurens Co Courthouse today, and I will be OCn. If y'all don't hear from me for a couple days will somebody call Sheriff Bill Harrell and check on me? :lol:
 

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COMMANDER1911 said:
Dan4010 said:
This is a good time for me to ask this question...If you are active military but you do not live in Ga only visiting... are you still exempt and allowed to carry in GA???
Yes. your military ID card acts as your permit. I'm IRR however, I must have a permit to carry. The exemption is only for military personel carrying out official duties, and since an active duty member is ALWAYS on duty, you are exempt. And you don't have to be a resident.
Official duties have nothing to do with it.
 

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COMMANDER1911 said:
stuk in irak said:
COMMANDER1911 said:
Dan4010 said:
This is a good time for me to ask this question...If you are active military but you do not live in Ga only visiting... are you still exempt and allowed to carry in GA???
Yes. your military ID card acts as your permit. I'm IRR however, I must have a permit to carry. The exemption is only for military personel carrying out official duties, and since an active duty member is ALWAYS on duty, you are exempt. And you don't have to be a resident.
Pandashire said:
http://www.georgiapacking.org/ga-ag/u97-13.htm is the unofficial AG opinion stating that active duty, not IRR, are exempt. Again, unofficial but still better than nothing.
The unofficial AG opinion seems to address the specific question of active duty military: "Under Georgia law, active duty military personnel are exempted from the requirement of a firearms permit."
It doesnt say ONLY active duty, and it doesnt specifically exclude IRR, Guard, or Reserves, unless I mis-read it, which is possible....

O.C.G.A. § 16-11-130
Exemptions from Code Sections 16-11-126 through 16-11-127.2
(3) Persons in the military service of the state or of the United States;

This leaves a lot open to interpretation, as it doesnt specifically address Guard, Reserve, or IRR. Does "military service of the state" include traditional Guard (the one-weekend-a-month guys) or only fulltime AGR? Can you cite a specific Ga. Code or law that says this exemption DOESNT apply to IRR? Any legal beagles care to weigh in on this? :popcorn:
Ah yes you are correct. It DOESN'T say only Active, or no IRR.....Interesting. And the state might mean "employed by" as simply a member of.
Agreed, it doesn't say ONLY active duty, but it ONLY mentions active duty.
 

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gruntpain1775 said:
COMMANDER1911 said:
Dan4010 said:
This is a good time for me to ask this question...If you are active military but you do not live in Ga only visiting... are you still exempt and allowed to carry in GA???
Yes. your military ID card acts as your permit. I'm IRR however, I must have a permit to carry. The exemption is only for military personel carrying out official duties, and since an active duty member is ALWAYS on duty, you are exempt. And you don't have to be a resident.
Official duties have nothing to do with it.
I thought I remembered reading that in the law a while ago, but after re-reading it, I see I am incorrect. Thank you for setting me straight.
 

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COMMANDER1911 said:
Dan4010 said:
This is a good time for me to ask this question...If you are active military but you do not live in Ga only visiting... are you still exempt and allowed to carry in GA???
Yes. your military ID card acts as your permit. I'm IRR however, I must have a permit to carry. The exemption is only for military personel carrying out official duties, and since an active duty member is ALWAYS on duty, you are exempt. And you don't have to be a resident.
No where in the code does it say this and it is incorrect. The exemption is for active duty personal, not those carrying out official duties.
Edit: Redundent as gruntpain1775 already pointed this out. And yes XDM, active duty personal was meant to infer military personal.
 
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