Transporting Handgun without GFL

Discussion in 'GA Laws and Politics' started by DakotaDude, Jan 14, 2007.

  1. DakotaDude

    DakotaDude New Member

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    I've applied for a GFL, but have not yet received it. During the long wait, I'd like to take my handgun to/from a shooting range, but I'd like to know if it is legal for me to do so.

    I live in an apartment. I know I am allowed to carry my handgun in my home, and in my car, but is it legal for me to carry the gun from my apartment to my car, and vice versa?

    And when I get to the shooting range, which has a parking lot shared with other businesses, is it legal for me to carry a gun through the parking lot to/from the range building? (I am assuming I have implicit permission from the range and the landlords to carry within the building itself.)

    While "carrying" between apartment, car, and range, should I keep the gun unloaded and in a case, with ammo separate, or does it matter?
     
  2. Macktee

    Macktee New Member

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    Good question!

    If you will scroll up to the top of this page and click on "Gun Laws", you will find an explanation of Georgia's laws as they affect the carrying of weapons.

    I read it twice and I'm still not certain I understand, but I believe you may carry w/o a license as long as you carry openly and in a holster and have permission of the land owner who's property you may be crossing.

    As you're in the parking lot of a shooting range, I would think you have their permission to carry a weapon at that location. To and from your apartment... I don't know. Hopefully some of the more knowledgeable members will elucidate us.

    Until you get a better answer, just keep in mind what we've learned from generations of politicians............

    Your actions are completely legal, unless you get caught...!!!
     

  3. Adam5

    Adam5 Atlanta Overwatch

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    Quoted from Dekalb Co Probate Court website:

    GA. CODE SECTION §16-11-126. CARRYING A CONCEALED WEAPON.
    A person commits the offense of carrying a concealed weapon when such person knowingly has or carries his or her person, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.

    Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows:
    For the first offense, he or she shall be guilty of a misdemeanor; and
    For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year and not more than five years.

    This code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearms by any person unless that person has on his or her person a valid license issued under Code Section §16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person's clothing, or a handbag, purse, attache case, briefcase, or other closed container. Carrying on the person in a concealed manner other than as provided in this subsection shall not be permitted and shall be a violation of this Code section.

    This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section l6-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition.

    This code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section l6-11-129 from transporting a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment of the vehicle; provide, however, that any person in possession of a valid permit issued pursuant to Code Section l6-ll-129 may carry a handgun in any location in a motor vehicle.

    On and after October l, l996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such licenseholder shall carry the handgun in compliance with the laws of this state.

    XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX


    Pay attention to the 4th paragraph. It tells me that carry for transport is legal, provided that the pistol is unloaded, in an enclosed case or holster, and NOT concealed.
     
  4. DakotaDude

    DakotaDude New Member

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    Thanks, AdamS.

    Unfortunately, the "Gun Laws" page leaves out a lot of details. I was looking for the actual code sections on the net, but couldn't find anything other than an empty page.

    It would be nice if GeorgiaPacking.org could post the entirety of the gun laws in addition to the explanation/summary.
     
  5. ICP_Juggalo

    ICP_Juggalo Professional Troll

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    DokotaDude

    Each paragraph on the gun laws page is linked to its respective code section on the Georgia General Assembly's website. However the GA website has switched all the code sections from their website to lexis-nexis website, since they actually print the code books for the state of GA anyway.

    We are currently trying to fix the problem and find a away around the login and directly to the code sections.
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section l6-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition.
     
  7. Rammstein

    Rammstein New Member

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    It say "ineligible". Does that literally mean ineligible or does it mean those without a license?
     
  8. Gunstar1

    Gunstar1 Administrator

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    Ineligible. Basically it is anyone who could get one but has not applied or has not yet received the license.
     
  9. Rammstein

    Rammstein New Member

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    The way I interpreted it was that anyone that cannot get a GFL can still transport a firearm if they do X, Y, and Z.
     
  10. Gunstar1

    Gunstar1 Administrator

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    Well, the law says you can open carry. So the first Ineligible about not prohibiting the carry in the car open to view, really applies to everyone whether ineligible or not. So someone that has a drug conviction can still carry open to view in their passenger seat. (drug conviction meaning you can still purchase a firearm but are ineligible for a GFL)

    The second Ineligible about the glove box, console, or other closed container applies to only those that could get the GFL but have not, because it is expanding the open to view limitation.
     
  11. Gunstar1

    Gunstar1 Administrator

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    Good question, and I cannot give you a definative answer. Is residency considered enumerated as ineligible? Is enumerated as ineligible only those found in subsection (b) or can it include residency which is in subsection (a)?
     
  12. foshizzle

    foshizzle New Member

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    Here is my interpretation.

    You could not be "enumerated" as elligible based on your state of residence, if outside of GA. You can't be granted a GFL if you aren't a resident of the state.

    If you are a resident of GA and don't meet the disqualifiers, you might as well just follow the rules as if you HAD a GFL... minus the carrying part.

    If you aren't a resident of GA and trying to go the the range and are worrying about transporting your guns?... that's tough... I guess you can't rely on a literal reading of the law. But, that is ridiculous.

    How about this. If you are carrying your CASED and LOCKED, UNLOADED firearms to and from the range, SEPARATE from their ammunition... nobody in LE is going to hassle you if you get pulled over.... unless you are swerving all over 85 or something like that. Common sense applies.. this is GA.. not NY... not everyone is a law-breaker just because they have a gun. Common sense still applies in some parts of this country.
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    "enumerate"

    1 : to ascertain the number of : COUNT
    2 : to specify one after another : LIST


    The second definition being the most apt.

    If this word is to have any meaning, as we must assume the General Assembly intended, then "enumerated as ineligible" can have reference only to the specified list in O.C.G.A. 16-11-129(b). I would post a link to the statute, but it appears we can no longer do that from the General Assembly web site, no doubt to keep people on the internet from posting things that just are not true.

     
  14. Macktee

    Macktee New Member

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    MP: I'm willing to bet some of your grade school and middle school teachers still talk about you!


    .
     
  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    :D I don't now about grade school, but I once called an old professor after he appeared in the newspaper on an issue.

    After introducing myself, I said, "I don't know if that rings any bells -"

    "Gongs!" he interrupted, "Gongs!"

    "Huh?"

    "It rings gongs!"

    :D
     
  16. Macktee

    Macktee New Member

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    May I now start calling you "Gongs"?

    Somehow, it really does seem appropriate...


     
  17. Gunstar1

    Gunstar1 Administrator

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    In light of MP's (aka Mr. Gong's) post I change what I said. They would be allowed to carry in a car console since residency is not one of those enumerated items in subsection (b).