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Discussion Starter · #1 ·
Details on encounter and progress posted in the LEO Encounter section.

Thanks,

Jerry


In a state park right NOW having a discussion with a ranger.
When was the break through that the state realized it was legal
To carry in a state park?

Having an interesting discussion today with the ranger staff.

So far I am still open carrying around them.

Wish me luck,

Jerry
 

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Discussion Starter · #2 ·
If I remember right, had nothing to do with HB89 or SB308.

I'M MAKING A couple of guys very anxious!!!
 

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SB308:

State parks, historic sites, and recreational areas: Except for those with a valid license to carry when carrying a handgun (as defined at the top of this page), it is against the law in Georgia to carry or attempt to carry a deadly weapon onto a park, historic site, or recreational area. The term 'park, historic site, or recreational area' means a park, historic site, or recreational area which is operated by or for and is under the custody and control of the Department of Natural Resources (DNR). Without a valid license to carry when carrying a handgun (as defined at the top of this page) it is unlawful for any person to use or possess in any park, historic site, or recreational area any firearms (with a WCL/GFL it is also legal to carry that handgun into buildings on the property). It is unlawful to carry onto park, historic site or recreational area property, bows and arrows, spring guns, air rifles, slingshots, or any other device which discharges projectiles by any means (unless it is handgun and you have a WCL/GFL), unless the device is unloaded and stored so as not to be readily accessible or unless such use has been approved within restricted areas by prior written permission of the commissioner of natural resources or his authorized representative. It shall be unlawful to refuse to leave a park, historic site, or recreational area after violating any law or regulation of the Board of Natural Resources promulgated pursuant to Code Section 12-3-9 and after being directed to leave by an authorized representative of the department. (If you are caught carrying a handgun without a license or any other firearm or breaking any of the other rules, then you can be asked to leave the park area by an authorized rep from DNR.) Any person who violates any of the provisions of this Code section commits the offense of criminal trespass. (If you refuse to leave after being asked too, then you can be arrested for criminal trespass) (12-3-10, 16-11-127)
 

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Jerry I thought it was July 1,08 with the passing of hb89. But maybe I am wrong. I will look for it right quick. Regardless of the date it is legal and I do it all the time at several staten parks around the state.
 

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Discussion Starter · #5 ·
I remember the post above, but I am sure part of the GCO success was allowing
C inarry state parks, based on preemption. I might be wrong. I have a face to face with
The head ranger tomorrow.

Details will follow.

On my phone, so being short!!
 

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Discussion Starter · #7 ·
I'm at cloudland canyon. A really nice park.
 

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Discussion Starter · #8 ·
keepitreal said:
have them look up 16-11-126(g)
They know that. No problem. The question is when did they realize it was legal to
Carry in a state park..
 

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This has already been hashed out here before. HB89 in June of 2008 made it legal.

It is now on their website under park rules.

Right from their site:

Weapons: Bows and arrows, explosives, fireworks, slingshots, fishing spears or any device that discharges projectiles by any means is prohibited. Firearms must be unloaded, cased and stored, unless a person possesses a valid weapons-carry license for a firearm that is valid in Georgia. A person possessing a valid weapon-carry license to carry a firearm valid in this state may carry such firearm on Georgia State Parks and Historic Sites, except on sites where carrying such firearm is prohibited by federal law.
I love Cloudland. Are they in the process of putting in sewer connections in the West Rim camping area?
 

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I didn't realize parks and buildings got passed together. I had thought park carry was allowed, but they added building text later to clarify ambiguity.
 

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Discussion Starter · #12 ·
Suburbbus said:
This has already been hashed out here before. HB89 in June of 2008 made it legal.

It is now on their website under park rules.

Right from their site:

Weapons: Bows and arrows, explosives, fireworks, slingshots, fishing spears or any device that discharges projectiles by any means is prohibited. Firearms must be unloaded, cased and stored, unless a person possesses a valid weapons-carry license for a firearm that is valid in Georgia. A person possessing a valid weapon-carry license to carry a firearm valid in this state may carry such firearm on Georgia State Parks and Historic Sites, except on sites where carrying such firearm is prohibited by federal law.
I love Cloudland. Are they in the process of putting in sewer connections in the West Rim gcamping area?
Exactly what I thought. They say not until "that bill that was
Passed a few months ago". Hard to do a search for info
O an cell phone! I was still stopped and questioned. Details when
I get home.

west rim is closed right now. Said they would open
Soon.

Jerry
 

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Discussion Starter · #13 ·
Head ranger says he can stop anybody and everybody and force to show
License. He made his asst. Come and do it, though!
 

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js415 said:
Head ranger says he can stop anybody and everybody and force to show
License. He made his asst. Come and do it, though!
Who do they answer to...DNR?
 

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js415 I sent you a PM.
 

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as far as I know you don't have to show them anything by law. You show it to them to make your day a little better but by law you're not required as far as I know of.
 

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TippinTaco said:
as far as I know you don't have to show them anything by law. You show it to them to make your day a little better but by law you're not required as far as I know of.
Ummm, I have to disagree with you here. It is the responsibility of the park ranges to uphold the law. If they see a person carrying a firearm they have the power to ask them for their license. How else would they be able to discern whether or not you are legal. It's the same as a drivers license. LEO's can stop you and ask you for your drivers license. This myth that you don't have to produce your license upon request by any LEO can make for an unpleasant afternoon. If they didn't have the power to ask to see your GWL then everybody would be packing and the LEO's would not be able to weed out the law breakers.
 

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ET. said:
If they didn't have the power to ask to see your GWL then everybody would be packing and the LEO's would not be able to weed out the law breakers.
If they're not visibly breaking the law, what makes them law-breakers?

RAS or PC must be required to stop or the principle you espouse leads to stopping random people to check for anything "to weed out the law breakers."

Seeing someone doing something that in and of itself is legal (driving a car, carrying a gun, etc) is not grounds for stopping to see if everything's ok.
 

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ET. said:
TippinTaco said:
as far as I know you don't have to show them anything by law. You show it to them to make your day a little better but by law you're not required as far as I know of.
Ummm, I have to disagree with you here. It is the responsibility of the park ranges to uphold the law. If they see a person carrying a firearm they have the power to ask them for their license. How else would they be able to discern whether or not you are legal. It's the same as a drivers license. LEO's can stop you and ask you for your drivers license. This myth that you don't have to produce your license upon request by any LEO can make for an unpleasant afternoon. If they didn't have the power to ask to see your GWL then everybody would be packing and the LEO's would not be able to weed out the law breakers.
I don't believe they can stop you, or ask for a license, unless they can cite a RAS that you're committing a crime.
 

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ET. said:
TippinTaco said:
as far as I know you don't have to show them anything by law. You show it to them to make your day a little better but by law you're not required as far as I know of.
Ummm, I have to disagree with you here. It is the responsibility of the park ranges to uphold the law. If they see a person carrying a firearm they have the power to ask them for their license. How else would they be able to discern whether or not you are legal. It's the same as a drivers license. LEO's can stop you and ask you for your drivers license. This myth that you don't have to produce your license upon request by any LEO can make for an unpleasant afternoon. If they didn't have the power to ask to see your GWL then everybody would be packing and the LEO's would not be able to weed out the law breakers.
I think your version is the myth. Where in the law does it state you have you produce your license when asked? Where does it even state that it has to be on your person anymore? It states you have to have one, not that you have to produce one.

If you are walking down the street and a LEO ask you to produce a DL, do you have too? No. Driving a car is not a recognized right, it's a privilege (or at least it's been made that way). There are specific laws that deal with when a DL must be produced while excercising this privilege.

Can a LEO require you to prove you are an American because you may be breaking a law just walking down the street? Can a LEO walk into your house when they want because you may have something illegal inside? Can a LEO make you produce your pack of Cigarettes to see if they have the tax stamp on them? In every case PC or RAS is required (and in some, a warrant too), just as legally carrying a weapon.

You can not be made to "prove" you have not broken a law unless there is a specific law that says you must. There is none for Carrying a weapon.
 
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