Retired LEO?

Discussion in 'Places Off-Limits' started by GAGunOwner, Mar 31, 2006.

  1. GAGunOwner

    GAGunOwner Active Member

    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
     
  2. Gunstar1

    Gunstar1 Administrator

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    Exempt from 126-128, school zones and public gatherings are NOT off-limits, he must use the LEOSA card for this, not the GFL.
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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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:
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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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.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    State parks are off limits for him. OCGA 12-3-10.
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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

    Malum Prohibitum Moderator Staff Member

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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?
     
  8. geaux_tigers

    geaux_tigers Member

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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:
     
  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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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.
     
  10. GAGunOwner

    GAGunOwner Active Member

    Okay?


    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?
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    GaGunOwner, what are you quoting?
     
  12. GAGunOwner

    GAGunOwner Active Member

    16-11-130
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Re: Okay?

    Ok, then the answer is no.
     
  14. GAGunOwner

    GAGunOwner Active Member

    Re: Okay?

    Why wouldn't fed law (LEOSA) trump?
     
  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Re: Okay?

    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?
     
  16. GAGunOwner

    GAGunOwner Active Member

    http://www.leaa.org/218/218text.html
     
  17. GAGunOwner

    GAGunOwner Active Member

    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.
     
  18. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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