Which to follow? State or County? Both?

Discussion in 'GA Laws and Politics' started by ntech, Oct 12, 2007.

  1. ntech

    ntech Member

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    I am under the assumption that state firearms laws supersede county ordinances. However, I have noticed counties that have bans on firearms that contradict state law. If somebody happens to violate a county ordinance, but is in compliance with state law, what happens? Can that person still be arrested? Will the charges stick? Is there a database of GA county firearms laws I can look up?
     

  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Also, GCO is putting its money where its mouth is. Please review the documents available here
     
  3. Axeman

    Axeman New Member

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    +1 If you haven't already joined please consider it. I mean you do want to be a part of the group that straightens out our laws here for good. I predict within a few years Georgia law's will be some of the best in the nation. :D
     
  4. Guest

    Guest Guest

    :ianal: :ianal: :ianal: :ianal: :ianal:

    I defer to any other counter argument as this is my personal opinion and inference as construed through life experience. I welcome any other person to overthrow this idea as it would make me feel a lot safer if I am wrong.

    It is my impression, that breaking a law, even one in violation of the Constitution is still punishable. IE, the law can later be repealed due to enforceability issues, but because you broke it while it was a law you must stand trial. This is similar to how you can not be charged with a commission of a crime before it was on the books.

    Is unconstitutionality of a law a viable defense?
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Sure it is. What if you were arrested under a new county ordinance for discussing the Iraq war?

    Unconstitutional under the First Amendment. Motion to dismiss.

    In this case, however, he is talking about preemption, and, again, you have the exact same issue, assuming it is preempted. He did not really say what the ordinance was (other than a "ban," which might not be preempted if it was, for example, a ban on possession by employees of the county while performing their work).
     
  6. Guest

    Guest Guest

    Excellent. I didn't know you could use it as a defense. I thought you could only repeal the law.

    Thanks for the clarity!
     
  7. Gunstar1

    Gunstar1 Administrator

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    You can do both. However it is always better (in my opinion) to try to repeal the law either legislativly or through court action (like GCO does and Heller v DC) which if you lose the case you just lose money.

    If you break the law and then try to claim pre-emption or unconstitutional law, then if you lose you are out money and possibly your freedom as well. However sometimes that is the only option left.

    Which is why most are reluctant to be the "test case".
     
  8. ntech

    ntech Member

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    I have recently joined GCO. I think I need to get one of those cool "CGO Member" html signatures, as soon as I figure it out!
     
  9. ntech

    ntech Member

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    Is there a difference between state parks and county parks? Which can you carry in? I believe in regards to state parks, you have to keep the gun unloaded, encased, and out of reach, and you may not carry on your person. Is that true for county parks too? How can you tell the difference?
     
  10. Guest

    Guest Guest

    I believe only State Parks Ban carry. Currently @issue are the few counties that ban carry in county/city parks. GCO is working to reverse these laws as only state legislature can restrict the carry of a weapon.
     
  11. fallison

    fallison Guest

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    Add this code to the signature box on your profile page
    (url=www.georgiacarry.org]GeorgiaCarry.org[/url] Member
    but replace the perenthesis at the beginning with a bracket like the rest are.
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    State parks are owned by the state and administered by the Department of Natural Resources (DNR).

    There is a complete list with maps here.
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    O.C.G.A. § 12-3-10
    Directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations; prohibited acts generally


    (a) As used in this Code section, the term "park, historic site, or recreational area" means a park, historic site, or recreational area which is operated by or for and is under the custody and control of the department.
     
  14. ntech

    ntech Member

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    State parks - encased, unloaded, out of reach, no carry

    Park, historic site, or recreational area - You can carry? Owned by which department? DNR?
     
  15. Gunstar1

    Gunstar1 Administrator

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    yes, DNR.
     
  16. ntech

    ntech Member

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    So if state parks are owned by the DNR, as well as all other county parks, historic sites, and recreational areas, then it is safe to say there is no carry allowed?

    My basic question is, are there any state or county parks/recreational areas you can carry? Or does the firearm have to be encased, unloaded, and out of reach in your car?
     
  17. Gunstar1

    Gunstar1 Administrator

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    No, no, no.

    DNR property is off limits. That does not mean that city park down the street is DNR property.

    If it is a state owned park, historic site, recreational area then it is probably DNR and off limits.

    If it is county owned or city owned then it is not off limits. Most cities and counties will have a parks and recreation department which have no connection at all to the DNR.

    GCO is trying to get all the illegally banned city and county parks to remove their bans as per state laws on preemption.

    The point is that if it says _________ City/county park then you should be OK to carry.

    So if you want to know the list of DNR property, view these
    http://gastateparks.org/net/go/parks.as ... &s=0.0.1.5
    http://www.n-georgia.com/wildlifemap.htm

    the first is parks and historic areas, the second is WMA's. THOSE are generally off limits.
    If the park you want to go to is not listed, it is not a DNR property and that DNR law has no effect.
     
  18. ntech

    ntech Member

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    Okay, thank you for making that clear. Is it legal to have a firearm in your car which is unloaded, encased, and out of reach on DNR property?
     
  19. Gunstar1

    Gunstar1 Administrator

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    Yes, if it is DNR property.

    Note that some lakes that are controlled by Army Corp of Engineers and Stone Mountain have their own rules.