Wildlife Management Areas - what is penalty?

Discussion in 'GA Laws and Politics' started by pro2am, Aug 25, 2006.

  1. pro2am

    pro2am New Member

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    Since we are recently discussing Georgia carry laws, my question pertains to section 27-3-1.1 WMA's. I read through and see the following two items that I believe are applicable to my concerns:

    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;

    I go camping often with my three boys in the Chattahoochee National Forest, which has many parts that are also Georgia WMA. On my last trip I was approached three separate times by different Park Rangers telling me that there has been bear activity in that particular campground the night before. I had no weapons at the time, so I pretty much had a sleepless night worrying about bears coming into the tent. I would like to keep a weapon with me on future trips, but...section 27-3-1.1 is my problem.

    So...I have a few questions to pose...
    1. Would my tent be considered my "home" for home defense if I kept a pistol in there with me?
    2. Would the bolded section in item (2) mean that carrying a loaded firearm outside of a motor vehicle is okay?
    3. What is the penalty for violating 27-3-1.1? It does not appear to be enumerated. I'm not sure if it's a felony, misdemeanor, or what.

    ...sure would be nice to see a "except for self-defense purposes" in this code somewhere.
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Ok, just kidding. :D



    27-1-38

    Unless otherwise specifically provided, any person who violates any of the provisions of this title shall be guilty of a misdemeanor; provided, however, that unless otherwise specifically provided, any person who violates any of the provisions of this title or any rule or regulation promulgated pursuant thereto relating to the possession or use of fishing gear on trawlers shall be a misdemeanor of a high and aggravated nature and shall be fined $1,000.00 for the first offense, $3,000.00 for the second offense, and $5,000.00 for the third and each subsequent offense.
     
  4. pro2am

    pro2am New Member

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    Nice...capital offense...you almost had me on that one. :)

    So is it safe to assume that a misdemeanor like this could make me lose my GFL?

    Any comment on the other questions?

    This is the issue that got me interesting in carrying in the first place...and now I find out that it's not even legal to carry out in the woods! :shock:
     
  5. Gunstar1

    Gunstar1 Administrator

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    no, a regular misdemeanor will not put your GFL in danger. For that to happen you have to qualify for a reason for denial of a GFL.

     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Or a condition of probation . . .

    #-o

    I have not seen one yet that fails to say no drugs, alcohol, guns, or those scummy associates you hung out with prior to your arrest.
     
  7. RedBeard

    RedBeard New Member

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    Plus it depends on the Probate Judge. There are 159 counties and 159 probate courts and all are different. Some probate courts hate the DNR, some like the DNR, and many play favorites with their friends. :shock:

    I will tell you not to mess around on National Park Service land (think Chattahoochee River around Atlanta). The feds are itching to hit you with a ticket whether you did anything or not. It is also my understanding facts are negotiable. Just what I have heard through the grapevine but I am not willing to try it.