Georgia Firearm Forums - Georgia Packing banner

1 - 20 of 39 Posts

·
Registered
Joined
·
417 Posts
Discussion Starter · #1 ·
Hey guys, I am brand new to your forum. I would first like to say how much I have enjoyed reading all of your posts. I have learned a lot in the short time I have been reviewing this site.

I currently work as a teacher at a public school. I have a valid GFL. There are no gun ranges around my residence to practice firing my Glock. However there are ranges close by my school. It is my wish to be able to transport my gun in my car to work. After work I would like to drive directly to the range in order to practice firing.

This is the scenario: I will have my glock unloaded and locked within a box in the trunk of my car. I will then leave my locked weapon in the trunk of my car in the school parking lot. I will go to my classroom, unarmed, and teach as I usually do. Is this considered breaking the law?
 

·
Registered
Joined
·
15,974 Posts
It appears that what you are proposing would be legal to you as a teacher with a valid GFL. It appears that you don't have to unload your gun. It looks like you can leave a loaded glock in your glove box everyday as long as the glovebox locks. Remember, the exception appears only to apply at the school you work at but no other.

O.C.G.A. § 16-11-127.1
Carrying weapons within school safety zones, at school functions, or on school property

(a) As used in this Code section, the term:

(1) "School safety zone" means in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in, on, or within 1,000 feet of the campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education.

(2) "Weapon" means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, metal knucks, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher.

(b) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both; provided, however, that upon conviction of a violation of this subsection involving a firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11-131, or a dangerous weapon or machine gun as defined in Code Section 16-11-121, such person shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both. A child who violates this subsection shall be subject to the provisions of Code Section 15-11-63.

(c) The provisions of this Code section shall not apply to:

(1) Baseball bats, hockey sticks, or other sports equipment possessed by competitors for legitimate athletic purposes;

(2) Participants in organized sport shooting events or firearm training courses;

(3) Persons participating in military training programs conducted by or on behalf of the armed forces of the United States or the Georgia Department of Defense;

(4) Persons participating in law enforcement training conducted by a police academy certified by the Georgia Peace Officer Standards and Training Council or by a law enforcement agency of the state or the United States or any political subdivision thereof;

(5) The following persons, when acting in the performance of their official duties or when en route to or from their official duties:

(A) A peace officer as defined by Code Section 35-8-2;

(B) A law enforcement officer of the United States government;

(C) A prosecuting attorney of this state or of the United States;

(D) An employee of the Georgia Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is authorized by the head of such correctional agency or facility to carry a firearm;

(E) A person employed as a campus police officer or school security officer who is authorized to carry a weapon in accordance with Chapter 8 of Title 20; and

(F) Medical examiners, coroners, and their investigators who are employed by the state or any political subdivision thereof;

(6) A person who has been authorized in writing by a duly authorized official of the school to have in such person's possession or use as part of any activity being conducted at a school building, school property, or school function a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid;

(7) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school or any weapon legally kept within a vehicle in transit through a designated school zone by any person other than a student;

(8) A weapon which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school;

(9) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract;

(10) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;

(11) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon;

(12) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the "State-wide Probation Act," when specifically designated and authorized in writing by the director of the Division of Probation;

(13) Public safety directors of municipal corporations;

(14) State and federal trial and appellate judges;

(15) United States attorneys and assistant United States attorneys;

(16) Clerks of the superior courts; or

(17) Teachers and other school personnel who are otherwise authorized to possess or carry weapons, provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle. (d)(1) This Code section shall not prohibit any person who resides or works in a business or is in the ordinary course transacting lawful business or any person who is a visitor of such resident located within a school safety zone from carrying, possessing, or having under such person's control a weapon within a school safety zone; provided, however, it shall be unlawful for any such person to carry, possess, or have under such person's control while at a school building or school function or on school property, a school bus, or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25.

(2) Any person who violates this subsection shall be subject to the penalties specified in subsection (b) of this Code section.

(3) This subsection shall not be construed to waive or alter any legal requirement for possession of weapons or firearms otherwise required by law.

(e) It shall be no defense to a prosecution for a violation of this Code section that:

(1) School was or was not in session at the time of the offense;

(2) The real property was being used for other purposes besides school purposes at the time of the offense; or

(3) The offense took place on a school vehicle.

(f) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of the real property of a school board or a private or public elementary or secondary school that is used for school purposes or within 1,000 feet of any campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county.

(g) A county school board may adopt regulations requiring the posting of signs designating the areas within 1,000 feet of school boards and private or public elementary and secondary schools as "Weapon-free and Violence-free School Safety Zones."
http://www.georgiapacking.org/GaCode/?t ... tion=127.1
 

·
Registered
Joined
·
15,974 Posts
Now for trunks...

I'm unsure if the trunk is a "locked compartment" or if you'd need to have them locked in something seperate inside of the locked trunk.

Hopefully, other board members will chime in on this one. :D

edit: I just reread the statute one more time and it looks like the box needs to lock if you are going to have it in the trunk.
 

·
Registered
Joined
·
15,974 Posts
If I were you I'd probably just put my glock in the locked glovebox.
 

·
Registered
Joined
·
417 Posts
Discussion Starter · #5 ·
Thanks for the quick response! My glove compartment does lock, so I figure that it would constitute as a "locked container".

I do have a case that can be locked with a regular key lock for my Remington 870 shotgun. I suppose placing the rifle/shotgun enclosed in a locked case, in the trunk would be sufficient?
 

·
Registered
Joined
·
15,974 Posts
ntech said:
Thanks for the quick response! My glove compartment does lock, so I figure that it would constitute as a "locked container".

I do have a case that can be locked with a regular key lock for my Remington 870 shotgun. I suppose placing the rifle/shotgun enclosed in a locked case, in the trunk would be sufficient?
No problem, I'm glad I can be of assistance. I'm not a lawyer, LEO, or judge though so use my advice at your own risk. 8)

As for the trunk part...I'm still confused to be honest...not sure if putting the guns in a locked trunk is enough or if they have to be locked in a seperate container inside of the trunk to be legal.

I am pretty confident about the pistol in the lockable glovebox though.

Like I said, expect other to chime in soon.

BTW, welcome to the board.
 

·
Registered
Joined
·
417 Posts
Discussion Starter · #7 ·
Basically, the two things that exempt me from this restriction is a valid GFL, and being a teacher at that particular school. I assume this exemption only applies to the school that I teach, as you said.
 

·
Registered
Joined
·
15,974 Posts
ntech said:
Basically, the two things that exempt me from this restriction is a valid GFL, and being a teacher at that particular school. I assume this exemption only applies to the school that I teach, as you said.
That's the way I interpret it.

1) Work for the school (and not be a student if at a college or technical school).

2) Have a valid GFL.

3) Store the guns in accordance with the law.
 

·
Registered
Joined
·
15,974 Posts
ntech said:
I have another question for you GAGunOwner...In another post where a teacher posted an identical question, you gave a different answer to him than what I received. Is there a new law that has recently passed that changes the school zone possession code?

The link is below:
http://georgiapacking.org/forum/viewtopic.php?t=1100
Wow, it is interesting to see what you've written in the past. :shock: Thanks for calling me on this. My postings on that thread were from 9 months ago. Participating in this forum is a constant learning process. Is my credibility on the topic ruined? :oops:

However, I still advise you not to tell anyone at the school that you have a gun in your car even though it is legal, but you know that. And no, the law has not changed recently.

I was corrected later on in that thread by jrm. He is a lawyer. I was confused as to what "otherwise authorized to carry" meant at the time.

I though it was referring to...

6) A person who has been authorized in writing by a duly authorized official of the school to have in such person's possession or use as part of any activity being conducted at a school building, school property, or school function a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid;
...within the statute, but the board lawyers have corrected me and insist that it means authorization from outside of the statute (the GFL).

Also, I've been looking at teaching positions recently so I've been reading the statute more carefully.

Thanks for correcting me. :righton:
 

·
Registered
Joined
·
417 Posts
Discussion Starter · #11 ·
Do you still believe my original scenario is legal? I understand there is a bit of speculation concerning exactly what "authorization" entails.

(17) Teachers and other school personnel who are otherwise authorized to possess or carry weapons


The thing that bothers me is, is that authorization through school officials or the GFL? I presume you are leaning more towards the GFL as proper authorization.

If my GFL is indeed sufficient authorization, there is no way I am going to tell anybody about my firearm. :wink:
 

·
Registered
Joined
·
15,974 Posts
ntech said:
Do you still believe my original scenario is legal? I understand there is a bit of speculation concerning exactly what "authorization" entails.

(17) Teachers and other school personnel who are otherwise authorized to possess or carry weapons


The thing that bothers me is, is that authorization through school officials or the GFL? I presume you are leaning more towards the GFL as proper authorization.

If my GFL is indeed sufficient authorization, there is no way I am going to tell anybody about my firearm. :wink:
Now, I believe that it means the GFL so I'm pretty confident that you are legal; others will chime in soon, I hope.
 

·
Registered
Joined
·
15,974 Posts
ntech said:
Do you still believe my original scenario is legal? I understand there is a bit of speculation concerning exactly what "authorization" entails.

(17) Teachers and other school personnel who are otherwise authorized to possess or carry weapons


The thing that bothers me is, is that authorization through school officials or the GFL? I presume you are leaning more towards the GFL as proper authorization.

If my GFL is indeed sufficient authorization, there is no way I am going to tell anybody about my firearm. :wink:
If you got permission from a school official to have a weapon for educational purposes, etc. is wouldn't make sense to force you to keep it locked in the car. This is why I feel that the GFL is the authorization you need to keep a gun locked in your car.

6) A person who has been authorized in writing by a duly authorized official of the school to have in such person's possession or use as part of any activity being conducted at a school building, school property, or school function a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid;
 

·
Registered
Joined
·
417 Posts
Discussion Starter · #14 ·
I see now, one exemption applies to an instructional classroom activity that may involve a firearm:

(6) A person who has been authorized in writing by a duly authorized official of the school to have in such person's possession or use as part of any activity being conducted at a school building, school property, or school function a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid;

The other exemption applies to a teacher or school employee that has a firearm locked in a box or glove compartment of his/her car in a school parking lot:

(17) Teachers and other school personnel who are otherwise authorized to possess or carry weapons, provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle.


The one thing that bothers me is they just can't directly state that a GFL is considered authorization for having a weapon locked in your car in a school parking lot if you are a teacher. That would just be too easy!
 

·
Registered
Joined
·
15,974 Posts
ntech said:
I see now, one exemption applies to an instructional classroom activity that may involve a firearm:

(6) A person who has been authorized in writing by a duly authorized official of the school to have in such person's possession or use as part of any activity being conducted at a school building, school property, or school function a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid;

The other exemption applies to a teacher or school employee that has a firearm locked in a box or glove compartment of his/her car in a school parking lot:

(17) Teachers and other school personnel who are otherwise authorized to possess or carry weapons, provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle.


The one thing that bothers me is they just can't directly state that a GFL is considered authorization for having a weapon locked in your car in a school parking lot if you are a teacher. That would just be too easy!
As a side note, it appears (from plainly reading the statute) that if you were buddy-buddy with the principal (or whoever the appropriate school official is) and he/she gave you written permission to carry your glock on your person for self-defense while teaching, it would be legal. Good luck on getting that however, LOL.
 

·
Registered
Joined
·
15,974 Posts
Another side note,
I actually had a middle school teacher (public school) who was a Civil War buff who brought a real, functioning, muzzle loader to class with a bayonet. This was less than 10 years ago. I also had a teacher in high school (public again) that had many non-firearm weapons in his class for educational purposes.
 

·
Registered
Joined
·
15,974 Posts
(6) A person who has been authorized in writing by a duly authorized official of the school to have in such person's possession or use as part of any activity being conducted at a school building, school property, or school function a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid;
How many people think that the bolded "or" above was supposed to be a "for?"

Do you think it was an intentional or unintentional type-o? Did a pro-gun legislator sneek the "f" out without anyone noticing? Maybe the code section was copied wrong on this website? I do not know.

With an "f" it would only allow weapons for educational purposes, without the "f" it looks like carrying for self-defense could be authorized.

Sheesh!!! :x
 

·
Moderator
Joined
·
68,657 Posts
GAGunOwner said:
ntech said:
I have another question for you GAGunOwner...In another post where a teacher posted an identical question, you gave a different answer to him than what I received. Is there a new law that has recently passed that changes the school zone possession code?

The link is below:
http://georgiapacking.org/forum/viewtopic.php?t=1100
Wow, it is interesting to see what you've written in the past. :shock: Thanks for calling me on this. My postings on that thread were from 9 months ago. Participating in this forum is a constant learning process. Is my credibility on the topic ruined? :oops:
Wow! :shock: I hope nobody completely humiliates me like this! :oops: I don't think GaGunOwner is going to be able to show his face around here anymore! :lol:
 

·
Registered
Joined
·
15,974 Posts
Malum Prohibitum said:
GAGunOwner said:
ntech said:
I have another question for you GAGunOwner...In another post where a teacher posted an identical question, you gave a different answer to him than what I received. Is there a new law that has recently passed that changes the school zone possession code?

The link is below:
http://georgiapacking.org/forum/viewtopic.php?t=1100
Wow, it is interesting to see what you've written in the past. :shock: Thanks for calling me on this. My postings on that thread were from 9 months ago. Participating in this forum is a constant learning process. Is my credibility on the topic ruined? :oops:
Wow! :shock: I hope nobody completely humiliates me like this! :oops: I don't think GaGunOwner is going to be able to show his face around here anymore! :lol:
I am humiliated :oops: by this but like I said reading this site has been a learning process. I have come a long way in understanding GA's laws...and I think anyone who participates here will too. I'd be so ignorant without this website. I think I explained the reasoning behind my mistake in this thread fairly well.

Unfortunately, for you guys, I'm not going anywhere. :wink:
 
1 - 20 of 39 Posts
Top