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Discussion Starter · #1 ·
I know a retired Georgia State Trooper who still lives in Georgia and I want to know where is off limits for him to carry in Georgia under state and federal law.

He has:

1) Retired ID and badge.

2) Current GFL

3) LEOSA card/H.B 218 showing that he has qualified this year

Thanks
 

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16-11-130(c)(4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that is registered or certified by the Georgia Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired employee is receiving benefits under the Peace Officerś Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system.
Exempt from 126-128, school zones and public gatherings are NOT off-limits, he must use the LEOSA card for this, not the GFL.
 

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He is also exempt from the "hijacking" law.

OCGA 16-12-123(b) - Any person who boards or attempts to board an aircraft, bus, or rail vehicle with any . . . knife or other device designed or modified for the purpose of offense and defense concealed on or about his or her person or property which is or would be accessible to such person while on the aircraft, bus, or rail vehicle shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years. The prohibition of this subsection shall not apply to any . . . peace officer retired from a state or federal law enforcement agency . . .

:roll:

Technically, the way it is written, he could also carry explosives on board an aircraft, but I am sure that is not what they meant . . . :lol:
 

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With that having been said, he does not appear to be exempt from the prohibition on carrying in a "terminal." OCGA 16-12-127.

A "terminal," for those of you who don't know, might even include walking too closely to a Marta bus stop while there is a sidewalk on only one side of a busy street. Really! And how do you know if you are too close? Well, I guess that is up to the police officer, prosecutor, judge, and jury.

Here is the definition of "terminal" from OCGA 16-12-122(10):

"'Terminal' means an aircraft, bus, or rail vehicle station, depot, any such transportation facility, or infrastructure relating thereto operated by a transportation company or governmental entity or authority. This term includes a reasonable area immediately adjacent to any designated stop along the route traveled by any coach or rail vehicle operated by a transportation company or governmental entity operating aircraft, bus, or rail vehicle transportation facility and parking lots or parking areas adjacent to a terminal."

A "reasonable distance," that's how far you must be to keep from being a felon.

Anyway, here is the proscribed conduct, from which your retired Trooper friend does not appear to be immune:

"It shall be unlawful for any person, with the intention of avoiding or interfering with a security measure or of introducing into a terminal any . . . firearm . . . or knife or other device designed or modified for the purpose of offense and defense, to:
(1) Have any such item on or about his or her person . . ."

It also prohibits him from boarding the very same vehicles the other code section says he can . . . Anyway, this one has a 20 year penalty.

They really thought this one out carefully.
 

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He can't carry a firearm while archery hunting during primitive weapons season.
 

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WMAs = off limits

OCGA 27-3-1.1

"It shall be unlawful for any person on any wildlife management area owned or operated by the department:

(1) To possess a firearm during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible;

(2) To possess a loaded firearm in a motor vehicle during a legal open hunting season for that area . . ."

No exceptions?
 

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Like having the restrictions in the Georgia code pointed out (Thanks, Malum!), but they really are maddening.

Of course, we have Rep. Benfield's assurances that our firearms laws really are very permissive... :puke:
 

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geaux_tigers, the more I look at it, the more I grow convinced that we have more places off limits than any state in the nation.

And yet the perception is directly contrary to that.

And there is so much resistance to changing it.
 

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Discussion Starter · #10 ·
Okay?

In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, active or retired law enforcement chief executive, or other law enforcement officer referred to in this subsection shall be authorized to carry a pistol or revolver on or off duty anywhere within the state and the provisions of Code Sections 16-11-126 through 16-11-128 shall not apply to the carrying of such firearms.
Is this saying that he is exempt from the MARTA law, archery law, WMA's, etc?
Basically is this saying that there are no off-limits places for LEOs or retired LEOs or is this just reiterating the fact that they are exempt from 16-11-126 through 128?
 

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Discussion Starter · #12 ·
Malum Prohibitum said:
GaGunOwner, what are you quoting?
16-11-130
 

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Re: Okay?

GAGunOwner said:
Is this saying that he is exempt from the MARTA law, archery law, WMA's, etc?
Ok, then the answer is no.
 

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Discussion Starter · #14 ·
Re: Okay?

Malum Prohibitum said:
GAGunOwner said:
Is this saying that he is exempt from the MARTA law, archery law, WMA's, etc?
Ok, then the answer is no.
Why wouldn't fed law (LEOSA) trump?
 

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Re: Okay?

GAGunOwner said:
Why wouldn't fed law (LEOSA) trump?
Because it requires the officers to obey the off limits locations in the host state, doesn't it?

Or am I confusing the "non-LEO" national reciprocity bill that went nowhere?
 

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Discussion Starter · #17 ·
H.R.218: The Law Enforcement Officers Safety Act of 2004
(Enrolled as Agreed to or Passed by Both House and Senate)

One Hundred Eighth Congress of the United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday, the twentieth day of January, two thousand and four

An Act

To amend title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Law Enforcement Officers Safety Act of 2004'.

SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

(a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following:

`Sec. 926B. Carrying of concealed firearms by qualified law enforcement officers

`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

`(b) This section shall not be construed to supersede or limit the laws of any State that--

`(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

`(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

`(c) As used in this section, the term `qualified law enforcement officer' means an employee of a governmental agency who--

`(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;

`(2) is authorized by the agency to carry a firearm;

`(3) is not the subject of any disciplinary action by the agency;

`(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

`(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

`(6) is not prohibited by Federal law from receiving a firearm.

`(d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer.

`(e) As used in this section, the term `firearm' does not include--

`(1) any machinegun (as defined in section 5845 of the National Firearms Act);

`(2) any firearm silencer (as defined in section 921 of this title); and

`(3) any destructive device (as defined in section 921 of this title).'.

(b) Clerical Amendment- The table of sections for such chapter is amended by inserting after the item relating to section 926A the following:

`926B. Carrying of concealed firearms by qualified law enforcement officers.'.

SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

(a) In General- Chapter 44 of title 18, United States Code, is further amended by inserting after section 926B the following:

`Sec. 926C. Carrying of concealed firearms by qualified retired law enforcement officers

`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

`(b) This section shall not be construed to supersede or limit the laws of any State that--

`(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

`(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

`(c) As used in this section, the term `qualified retired law enforcement officer' means an individual who--

`(1) retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability;

`(2) before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;

`(3)(A) before such retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more; or

`(B) retired from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;

`(4) has a nonforfeitable right to benefits under the retirement plan of the agency;

`(5) during the most recent 12-month period, has met, at the expense of the individual, the State's standards for training and qualification for active law enforcement officers to carry firearms;

`(6) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

`(7) is not prohibited by Federal law from receiving a firearm.

`(d) The identification required by this subsection is--

`(1) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm; or

`(2)(A) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer; and

`(B) a certification issued by the State in which the individual resides that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State to meet the standards established by the State for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.

`(e) As used in this section, the term `firearm' does not include--

`(1) any machinegun (as defined in section 5845 of the National Firearms Act);

`(2) any firearm silencer (as defined in section 921 of this title); and

`(3) a destructive device (as defined in section 921 of this title).'.

(b) Clerical Amendment- The table of sections for such chapter is further amended by inserting after the item relating to section 926B the following:

`926C. Carrying of concealed firearms by qualified retired law enforcement officers.'.

Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.
http://www.leaa.org/218/218text.html
 

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Discussion Starter · #18 ·
So it looks like qualified persons under LEOSA can ignore state off-limits areas as long as they are not gov't areas or posted private property in states where such signs hold weight.
 

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Let us know how it works out in Manhattan or New Jersey.
 
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