Please help me to understand the law

Discussion in 'GA Laws and Politics' started by chris_mmmk, Oct 26, 2007.

  1. chris_mmmk

    chris_mmmk Guest

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    I am 19, have a 100% clean background, and would like to carry a firearm in my glovebox. I have searched and searched and what I have it down to is whether or not 16-11-126 sect. d defines being under 21 as not being able to get a ccw a reason for me to not be able to carry in the dash.

    Can I?
     
  2. GAGunOwner

    GAGunOwner Active Member

    I'm not a lawyer but I believe that you cannot put a gun in your glovebox if you are under 21. You are not able to obtain a GFL until age 21, thus it appears glovebox carry is a no no. I do think that since you can legally posses a pistol you can transport it in a motor vehicle if it is seperated from its ammo. I'm sure others here will chime in with the exact details of how you'd have to transport it legally.

    I asked a LEO if this was okay, and he told me that he thought it was fine. I took that as being enough at the time. Now, I know better and must confirm for myself things such as this. Anyway, I'm going to be honest with you. I started console carrying once I turned 18. I thought what I was doing was legal. I did not find out that what I was doing was illegal until I started reading this website. I'm in my early 20s so none of this was that long ago.

    I will say that there was a situation that almost got really bad while I was console carrying like this and it was great knowing that I had that pistol nearby even though later I found out it was illegal so...
     

  3. ls1ssdavid

    ls1ssdavid New Member

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    I carried a firearm in my vehicle to the range and back without a GFL while under 21. However I was exempt due to being active military at the time. I would not have done so without being exempt. But I would agree with GaGunOwner, seeing how your not legally able to purchase a handgun due to age it would not be legal to carry in your car (unless you have someone with you above 21 who would be elegible to purchase a firearm i.e. not a felon, or violent misdemeanor etc. Then that person could be "possessing" the firearm).

    If this is your first time getting confused by Georgia Law welcome to the club. It is not easily read. Wecome to the forum. Don't run off simply because you can't carry as of yet. Read and learn. So when it comes your time you will be knowledgeable and ready.
     
  4. GAGunOwner

    GAGunOwner Active Member

    For the record a law abiding citizen over 18 but under 21 may posses a pistol legally in Georgia. I believe that such a person would be able to transport a pistol in a motor vehicle as long as it isn't loaded, not accessable, etc. For example, if such a person wanted to take it to a range.
     
  5. budder

    budder Moderator Staff Member

    Actually, I think the older, unlicensed friend would have to be driving, and in his car. It's late, so forgive me for not looking it up.
     
  6. fallison

    fallison Guest

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    If I understand correctly, it is legal to have a loaded handgun in your car in plain view at 18 but you must be 21 to have it in the console or glovebox.

    Minors (under 18 ) or felons etc. are prohibited.

    Must be 21 to be eligible for a license.
     
  7. chris_mmmk

    chris_mmmk Guest

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    I appreciate the answers so far. If it has to be seperate from its ammo I am not sure carrying it would do any good. I am a computer technician and am often called into not so friendly places such as camp creek and conyers. The idea of carrying it was in an effort of at least having some way to defend myself should someone decide they wanted to seize a customers computer or the like.
     
  8. chris_mmmk

    chris_mmmk Guest

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    Does anyone know of any clause somewhere else that would allow someone who is old enough to own guns, be sent to die in war, and can chose president to defend himself when Thug 1 decides I don't need my truck anymore..?
     
  9. ls1ssdavid

    ls1ssdavid New Member

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    I wouldn't think the person over 21 would have to be driving. They press drug charges on the passanger when drugs are found within reach of said named passanger, because it's within his "posession". Wouldn't the same rule apply with firearms. So if I ride with a buddy who is under 21 and I am concealed carrying I have to be driving, or if I am going to the range with gun in box for some reason I have to be driving? Hmm :-k
     
  10. ls1ssdavid

    ls1ssdavid New Member

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    Right he can posses a handgun as in recive it as a "gift" say from his father. But I would think he would be able to carry the firearm (as in only have it at home). I guess you would be correct, the diffrence would be if it was loaded or unloaded and only for transportation not to carry. Booo Georgia Law.
     
  11. ls1ssdavid

    ls1ssdavid New Member

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    I don't blame you for feeling that way. Actually I support your feelings 100%. Self-defense is a right, not a priviledge granted by the government.
     
  12. ls1ssdavid

    ls1ssdavid New Member

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    Umm... There's not. I was in the same boat a few years ago. I was under 21 in the military and not allowed to purchase a handgun, when I was issued one by the military (obviously couldn't use it off duty, turned into armory after shift), and my offical duties were...... well i'll leave it at that. :ninja:
     
  13. budder

    budder Moderator Staff Member

    Hubbard v. State
    (1) A license is needed when carrying a firearm in a car that is owned by somebody else. (2) The parking area on the grounds of and in close proximity to a public gathering is itself a public gathering, (3) A large number of people under the age of 21 "hanging out" in the parking lot, eating and talking authorizes the jury to find that the parking lot is itself a public gathering.

    :(
     
  14. ls1ssdavid

    ls1ssdavid New Member

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    How can the state expect everyone to know case law?
     
  15. Gunstar1

    Gunstar1 Administrator

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    Ignorance is no excuse for breaking the law.
     
  16. merlock

    merlock Active Member

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    Except if you are an LEO :(
     
  17. GAGunOwner

    GAGunOwner Active Member

    Must be 21 to be eligible for a license.[/quote:3st2xhi7]

    Due to caselaw it is almost impossible to legally carry a pistol in a car, in plain view, if you cannot use the glovebox/console, without a GFL.
     
  18. GAGunOwner

    GAGunOwner Active Member

    16-11-130 is the clause.

    Members of the military are exempt from the law in the OP, and several other laws, so they can carry between the ages of 18-20.
     
  19. fallison

    fallison Guest

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    Due to caselaw it is almost impossible to legally carry a pistol in a car, in plain view, if you cannot use the glovebox/console, without a GFL.[/quote:2nj2vajn]

    The law clearly states that car carry in plain view by 18-20 year olds is legal. But I agree with you that when you go to define "plain view" case law has basically made it an impossible standard to meet.