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Discussion Starter · #1 ·
My younger brother now has his DL so he sometimes drives my parents' vehicle from place to place. If my Dad's pistol is in the vehicle while my brother is out driving by himself, is that considered possession by a minor?
 

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If he's under 18 I would say that he could get busted.
 

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I would reccomend to your dad to remove the gun anytime he leaves the vehicle.
 

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§ 16-11-126. Possession and carrying a concealed weapon; penalty for violating licensing requirement

(a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license.
The law says your dad may have a weapon in his motor vehicle (as well as his property, place of business, etc.) . It doesn't state he has to be present. Take that as you will.
 

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phantoms said:
§ 16-11-126. Possession and carrying a concealed weapon; penalty for violating licensing requirement

(a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license.
The law says your dad may have a weapon in his motor vehicle (as well as his property, place of business, etc.) . It doesn't state he has to be present. Take that as you will.
His dad isn't the one that will be facing charges.
 

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It's my opinion that an 18 year old is going to get busted if the vehicle is not registered in his name.
 

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budder said:
phantoms said:
§ 16-11-126. Possession and carrying a concealed weapon; penalty for violating licensing requirement

(a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license.
The law says your dad may have a weapon in his motor vehicle (as well as his property, place of business, etc.) . It doesn't state he has to be present. Take that as you will.
His dad isn't the one that will be facing charges.
That's why I said take it as you will. The law doesn't say that his dad can't keep a gun in his vehicle when he's not in it. It also doesn't say he can't let his son drive his vehicle.

The question comes to possession. Is his son now in possession simply because he drives his dad's truck and his dad stores his gun in it? If so, then wouldn't his son be in possession if he's at home when his dad is not even though his dad keeps a gun in the house?

Forget intent, the law is to be taken literally. In it's literal wording, it states his dad can "have" a gun in his vehicle just as he can "have" a gun in his home. Will some LEO, Prosecutor, Judge step over what the law says? It's possible. In fact, it's done every day. But it doesn't change what the law says.
 

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So is it your opinion that he could let a felon drive the car, gun on the seat beside him, loaded, no issues? I think that this would create issues, and if there is something about the minor that makes the situation different, then I would like to hear it.
 

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Malum Prohibitum said:
So is it your opinion that he could let a felon drive the car, gun on the seat beside him, loaded, no issues? I think that this would create issues, and if there is something about the minor that makes the situation different, then I would like to hear it.
It's my impression that the law says what it says. If the dad has a gun stored in his personal vehicle and it's not stored there for his child, unless the child is handling the gun, moves the gun, or messes with the gun in any way then by the wording of the code no law is being broken as far as the child is concerned. It's possible the dad broke a law by leaving a weapon unattended where a child has access to it, but the child didn't break a possession law unless he was messing with the gun no more than if there's a gun on the book shelf at home when he's there alone.

This in no way means that a LEO won't arrest you, a DA won't prosecute you and a judge won't convict you. And I'd guess it's a lot more likely to be wrongly arrested if it's on the seat beside you than in a glove box or console. People are arrested and even convicted all the time even though they didn't actually break the law because someone wanted to reinterpret the law. We lost Airport carry that was granted with HB89 because a Judge reinterpreted the law. It's possible that you'd be arrested and convicted carrying in a bar even though another patron was because a judge reinterprets that an owner can grant carry individually even though the law doesn't say that. If it's your dad's vehicle, your dad's gun and he keeps it in his vehicle no law has been broken as far as his child is concerned.

I can't comment on a felon because I do not know the laws regarding a felon being in the proximity of a gun. I'd guess it would be no different than if a LEO entered a house and a loaded gun was sitting on a couch with the felon sitting next to it home alone.
 

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Discussion Starter · #10 ·
Thanks for the feedback. It appears that it could go either way and could be determined by what a particular LEO felt/thought at the time. The same can be said of certain situations regarding open carry.
 

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I believe this is on point.

As to your brother . . . .

O.C.G.A. § 16-11-132
Possession of handgun by person under the age of 18 years

(a) For the purposes of this Code section, a handgun is considered loaded if there is a cartridge in the chamber or cylinder of the handgun.

(b) Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it shall be unlawful for any person under the age of 18 years to possess or have under such person's control a handgun. A person convicted of a first violation of this subsection shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than 12 months, or both. A person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and shall be punished by a fine of $5,000.00 or by imprisonment for a period of three years, or both.

(c) Except as otherwise provided in subsection (d) of this Code section, the provisions of subsection (b) of this Code section shall not apply to:

(1) Any person under the age of 18 years who is:

(A) Attending a hunter education course or a firearms safety course;

(B) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction where such range is located;

(C) Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C. Section 501(c)(3) which uses firearms as a part of such performance;

(D) Hunting or fishing pursuant to a valid license if such person has in his or her possession such a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the handgun, whenever loaded, is carried only in an open and fully exposed manner; or

(E) Traveling to or from any activity described in subparagraphs (A) through (D) of this paragraph if the handgun in such person's possession is not loaded;

(2) Any person under the age of 18 years who is on real property under the control of such person's parent , legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a handgun; or [NOTE: A car is not real property]

(3) Any person under the age of 18 years who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a handgun for the purpose of exercising the rights authorized in Code Section 16-3-21 [NOTE: Defense of self or others] or 16-3-23 [NOTE: Defense of home].
As for your father allowing him to be in control of the gun . . . .

O.C.G.A. § 16-11-101.1
Furnishing pistol or revolver to person under the age of 18 years

(a) For the purposes of this Code section, the term:

(1) "Minor" means any person under the age of 18 years.

(2) "Pistol or revolver" means a handgun as defined in subsection (a) of Code Section 16-11-125.1.

(b) It shall be unlawful for a person intentionally, knowingly, or recklessly to sell or furnish a pistol or revolver to a minor, except that it shall be lawful for a parent or legal guardian to permit possession of a pistol or revolver by a minor for the purposes specified in subsection (c) of Code Section 16-11-132 unless otherwise expressly limited by subsection (c) of this Code section.

(c)(1) It shall be unlawful for a parent or legal guardian to permit possession of a pistol or revolver by a minor if the parent or legal guardian knows of a minor's conduct which violates the provisions of Code Section 16-11-132 and fails to make reasonable efforts to prevent any such violation of Code Section 16-11-132.

* snip *

(d) Upon conviction of a violation of subsection (b) or (c) of this Code section, a person shall be guilty of a felony and punished by a fine not to exceed $5,000.00 or by imprisonment for not less than three nor more than five years, or both.
 
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