Results 1 to 23 of 23

Thread: Visiting Georgia- Need Info on Permitless Car Carry

  1. #1
    Activist Member
    Join Date
    Dec 2011
    Location
    DeLand, FL
    Posts
    109

    Visiting Georgia- Need Info on Permitless Car Carry

    Greetings,

    I am spending 10 days in Georgia on vacation. I will be driving from Florida. I am well versed in the ways of having handguns in my car in FL without a permit, but I am extremely confused about Georgia. According to GeorgiaCarry, a permit is not needed to CC/OC in your car as long as "you are eligible for a Georgia Weapons Permit"? Correct me if that statement is wrong, but if it is correct, am I not eligible because I'm out-of-state as Georgia doesnt issue non-res permits? I'm also 19...does that make me "ineligible" and therefore not allowed to CC/OC in my vehicle when traveling throughout the state? I found my information here: http://www.georgiacarry.org/cms/geor...rearms_License

    Please correct me and tell me what I need to know (whether it's legal or not; if it's illegal what are the manners in which I can have my firearms that allows me the most readily accessible protection without breaking the law, etc)

    and I already know you need a permit to OC handguns in your state, I just want to see what my options are for home/car

    Much thanks,

    Jake8x7
    Last edited by Jake8x7; 07-27-2012 at 05:01 AM.

  2. #2
    Activist Member
    Join Date
    Dec 2011
    Location
    DeLand, FL
    Posts
    109
    Does no one know? I don't know where else to turn...

  3. #3
    Regular Member Fallschirmjäger's Avatar
    Join Date
    Sep 2007
    Location
    Georgia, USA
    Posts
    3,915
    "A license issued under code 16-11-129 is a Georgia Weapons Carry License (formerly the Georgia Firearms License) and it is issued citizens wishing to exercise their "right to carry". This license is subject to restrictions of carry found in Georgia code 16-11-126 - 16-11-129. To qualify for this license you must NOT meet any of these exceptions; No license will be granted to:
    Any person under 21 years of age...
    "

    Ok, so you're not eligible to have a Georgia Weapons License.

    However -
    "If you are not prohibited by law from possessing a firearm you may carry a handgun provided it is unloaded and enclosed inside a case (There is nothing that defines exactly what unloaded means, to be on the safe side you should assume it means no loaded magazine inserted into the gun)." should apply.

    and (which you linked to above)
    "Q: I don’t have a Georgia Weapons License. Can I carry in my car?
    A: Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license. In addition, such person may carry a long gun, which must be carried openly if loaded. Moreover, such person may carry in his or her own motor vehicle. Finally, if such person is eligible for a Georgia Weapons License, he or she may carry in any private passenger motor vehicle."

    You aren't prohibited from possession (you are 18 or above)
    You are ineligible for a GWL (you are under 21)

    To be absolutely safe, I'd "transport" inside a case without a loaded magazine. (but that's just me)
    Last edited by Fallschirmjäger; 07-29-2012 at 11:38 PM.

  4. #4
    Regular Member mark5019's Avatar
    Join Date
    Apr 2008
    Location
    atlanta ga
    Posts
    135
    Quote Originally Posted by Fallschirmjäger View Post
    "A license issued under code 16-11-129 is a Georgia Weapons Carry License (formerly the Georgia Firearms License) and it is issued citizens wishing to exercise their "right to carry". This license is subject to restrictions of carry found in Georgia code 16-11-126 - 16-11-129. To qualify for this license you must NOT meet any of these exceptions; No license will be granted to:
    Any person under 21 years of age...
    "

    Ok, so you're not eligible to have a Georgia Weapons License.

    However -
    "If you are not prohibited by law from possessing a firearm you may carry a handgun provided it is unloaded and enclosed inside a case (There is nothing that defines exactly what unloaded means, to be on the safe side you should assume it means no loaded magazine inserted into the gun)." should apply.

    and (which you linked to above)
    "Q: I don’t have a Georgia Weapons License. Can I carry in my car?
    A: Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license. In addition, such person may carry a long gun, which must be carried openly if loaded. Moreover, such person may carry in his or her own motor vehicle. Finally, if such person is eligible for a Georgia Weapons License, he or she may carry in any private passenger motor vehicle."

    You aren't prohibited from possession (you are 18 or above)
    You are ineligible for a GWL (you are under 21)

    To be absolutely safe, I'd "transport" inside a case without a loaded magazine. (but that's just me)


    well put
    ar15 sbr glock 19 beretta m9
    Proud Lifetime georgia carry member
    nam vet

  5. #5
    Activist Member
    Join Date
    Dec 2011
    Location
    DeLand, FL
    Posts
    109
    So unloaded but loaded magazine in the case with the gun? About to pass into Georgia

    Sent from my ADR6350 using Tapatalk 2

  6. #6
    Activist Member
    Join Date
    Dec 2011
    Location
    DeLand, FL
    Posts
    109
    Quote Originally Posted by mark5019 View Post
    well put
    But mark, now that I re-read it, it seems like you can carry in YOUR motor vehicle without a permit, regardless of eligibility, but at the end where it talks about eligibility it says ANY motor vehicle. Would that indicate that I might have car carry rights if I'm driving my vehicle, but not a buddys car?

    Sent from my ADR6350 using Tapatalk 2

  7. #7
    Regular Member bohica_a_a's Avatar
    Join Date
    Aug 2012
    Location
    Indiana
    Posts
    13
    While all the input here is with the best intentions your best bet is to give a call to the Georgia state police and ask. Is probably the only way for sure to find out. As a gun owner it is your responsibility to know the laws. ignorance of the local laws is not an excuse. Just my 2 cents.

  8. #8
    Regular Member Fallschirmjäger's Avatar
    Join Date
    Sep 2007
    Location
    Georgia, USA
    Posts
    3,915
    Please don't take offense but.... the absolute last people I'd ask for an opinion on the legality of anything other than a traffic infraction would be the local constabulary, or even the state.
    They are under no legal, moral, or ethical compulsion to tell you the truth.
    They suffer no ill for giving bad advice, or even for outright lying should it suit them to do so.

    There Are officers who know the law and who will tell you what the law says even when it may not be in their best interests to so do, but that's not something I'd count on.

  9. #9
    Activist Member
    Join Date
    Dec 2011
    Location
    DeLand, FL
    Posts
    109
    Quote Originally Posted by Fallschirmjäger View Post
    Please don't take offense but.... the absolute last people I'd ask for an opinion on the legality of anything other than a traffic infraction would be the local constabulary, or even the state.
    They are under no legal, moral, or ethical compulsion to tell you the truth.
    They suffer no ill for giving bad advice, or even for outright lying should it suit them to do so.

    There Are officers who know the law and who will tell you what the law says even when it may not be in their best interests to so do, but that's not something I'd count on.
    Complete truth. The statute says no permit or permit eligibility to carry in my house or MY car, but eligbility for permit is needed to carry in any other private motorized vehicle. I'll go with that

    Sent from my ADR6350 using Tapatalk 2

  10. #10
    Regular Member
    Join Date
    Apr 2008
    Location
    , ,
    Posts
    489
    i dont know how often you come to GA but you could get a maine ccw(issue at 18) then get a new hampshire(ssues as long as you have a permit from any other state) and be able to carry in Georgia on your person openly or concealed..

  11. #11
    Activist Member
    Join Date
    Dec 2011
    Location
    DeLand, FL
    Posts
    109
    Thank you for pointing it out. I have considered getting a maine permit but never thought of using it to acquire one from New Hampshire. Unfortunately I don't leave the state enough for it to matter, and the two states I do frequent wouldn't accept it (Ohio and Florida, but I could be wrong about new Hampshire's reciprocity), and Ohio allows permitless OC so its sort of a moot point. Thanks anyways for pointing out options.

    Jake8x7

    Sent from my ADR6350 using Tapatalk 2

  12. #12
    Activist Member
    Join Date
    Dec 2011
    Location
    DeLand, FL
    Posts
    109
    Don't mean to repost but wanted to rethink your proposal. Both permits would be invalid in FL because they don't accept non-res permits...and Ohio allows permitless OC, so not worth over 100$ in total for the ability to carry 1 year early in states I won't visit anytime soon. You got me excited about FL reciprocity but I remembered their resident rule...what a bummer. Thanks again and take it easy.

    Jake8x7

    Sent from my ADR6350 using Tapatalk 2

  13. #13
    Regular Member
    Join Date
    Apr 2008
    Location
    , ,
    Posts
    489
    yeah...im thinking more of for your travels in reciprocal states...

  14. #14
    Regular Member Matthias's Avatar
    Join Date
    Jul 2012
    Location
    JBLM, WA
    Posts
    8
    Dude, You will be fine traveling with the gun in your car. You can have it loaded, unloaded, concealed, hidden. Georgia Law states that a vehicle is an extension of your home. You will be fine, there.

  15. #15
    Regular Member Kingfish's Avatar
    Join Date
    Apr 2007
    Location
    Atlanta, Georgia, USA
    Posts
    1,276
    Quote Originally Posted by Matthias View Post
    Dude, You will be fine traveling with the gun in your car. You can have it loaded, unloaded, concealed, hidden.
    As long as it is "HIS" car.

    Quote Originally Posted by Matthias View Post
    Georgia Law states that a vehicle is an extension of your home.
    Can you cite the law that states this please?

  16. #16
    Regular Member Matthias's Avatar
    Join Date
    Jul 2012
    Location
    JBLM, WA
    Posts
    8
    Title 16 - CRIMES AND OFFENSES
    Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS
    Article 2 - JUSTIFICATION AND EXCUSE

    The code sections are all Copyright © 2011 by The State of Georgia

    O.C.G.A.§ 16-3-24.1
    Habitation and personal property defined

    As used in Code Sections 16-3-23 and 16-3-24, the term "habitation" means any dwelling, motor vehicle, or place of business, and "personal property" means personal property other than a motor vehicle.

    HISTORY: Code 1981, § 16-3-24.1, enacted by Ga. L. 1998, p. 1153, § 1.1.


    Title 16 - CRIMES AND OFFENSES
    Chapter 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY
    Article 4 - DANGEROUS INSTRUMENTALITIES AND PRACTICES
    Part 3 - CARRYING AND POSSESSION OF FIREARMS
    The code sections are all Copyright © 2011 by The State of Georgia

    O.C.G.A.§ 16-11-126
    Having or carrying handguns, long guns, or other weapons; license requirement; exceptions for homes, motor vehicles, and other locations and conditions; penalties for violations


    (a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license.


    (b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun without a valid weapons carry license, provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner.

    (c) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun provided that it is enclosed in a case and unloaded.

    (d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property, except as provided in Code Section 16-11-135.

    (e) Any person licensed to carry a handgun or weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to carry a weapon in this state, but only while the licensee is not a resident of this state; provided, however, that such licensee shall carry the weapon in compliance with the laws of this state.

    (f) Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land on which the activities are being conducted may have or carry on his or her person a handgun or long gun without a valid weapons carry license while hunting, fishing, or engaging in sport shooting.

    (g) Notwithstanding Code Sections 12-3-10, 27-3-1.1, 27-3-6, and 16-12-122 through 16-12-127, any person with a valid weapons carry license may carry a weapon in all parks, historic sites, or recreational areas, as such term is defined in Code Section 12-3-10, including all publicly owned buildings located in such parks, historic sites, and recreational areas, in wildlife management areas, and on public transportation; provided, however, that a person shall not carry a handgun into a place where it is prohibited by federal law.

    (h) (1) No person shall carry a weapon without a valid weapons carry license unless he or she meets one of the exceptions to having such license as provided in subsections (a) through (g) of this Code section.

    (2) A person commits the offense of carrying a weapon without a license when he or she violates the provisions of paragraph (1) of this subsection.

    (i) Upon conviction of the offense of carrying a weapon without a valid weapons carry license, a person shall be punished as follows:

    (1) For the first offense, he or she shall be guilty of a misdemeanor; and

    (2) For the second offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, 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 two years and not more than five years.



    HISTORY: Laws 1837, Cobb's 1851 Digest, pp. 848, 849; Ga. L. 1851-52, p. 269, §§ 1-3; Code 1863, § 4413; Ga. L. 1865-66, p. 233, §§ 1, 2; Code 1868, § 4454; Code 1873, § 4527; Ga. L. 1882-83, p. 48, § 1; Code 1882, § 4527; Ga. L. 1898, p. 60, § 1; Penal Code 1895, § 341; Penal Code 1910, § 347; Code 1933, § 26-5101; Code 1933, § 26-2901, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 1430, § 1; Ga. L. 1982, p. 3, § 16; Ga. L. 1992, p. 6, § 16; Ga. L. 1996, p. 108, § 1; Ga. L. 1998, p. 1153, § 1; Ga. L. 2000, p. 1630, § 3; Ga. L. 2007, p. 47, § 16/SB 103; Ga. L. 2008, p. 533, § 3/SB 366; Ga. L. 2008, p. 1199, § 3/HB 89; Ga. L. 2009, p. 8, § 16/SB 46; Ga. L. 2010, p. 963, § 1-2/SB 308.

    O.C.G.A.§ 16-3-23
    Use of force in defense of habitation


    A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

    (1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;

    (2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or

    (3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.



    HISTORY: Laws 1833, Cobb's 1851 Digest, p. 785; Code 1863, § 4229; Code 1868, § 4266; Code 1873, § 4332; Code 1882, § 4332; Penal Code 1895, § 72; Penal Code 1910, § 72; Code 1933, § 26-1013; Code 1933, § 26-903, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 2001, p. 1247, § 2.


    Georgia is very good on allowing people to carry in their vehicles. I hope this helps. The last law is posted to show such an example that Georgia defines the Habitat in the first law mentioned and refers to as "Dwelling" or "Habitation".
    Last edited by Matthias; 08-16-2012 at 10:27 PM. Reason: Update

  17. #17
    Regular Member Kingfish's Avatar
    Join Date
    Apr 2007
    Location
    Atlanta, Georgia, USA
    Posts
    1,276
    Quote Originally Posted by Matthias View Post
    (a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license.
    How does this equate to car being an extension of your home? This simply states you may have an otherwise legal firearm in your car.

  18. #18
    Regular Member Matthias's Avatar
    Join Date
    Jul 2012
    Location
    JBLM, WA
    Posts
    8
    Ok so I will point it out.


    The code sections are all Copyright © 2011 by The State of Georgia

    O.C.G.A.§ 16-3-24.1
    Habitation and personal property defined

    As used in Code Sections 16-3-23 and 16-3-24, the term "habitation" means any dwelling, motor vehicle, or place of business, and "personal property" means personal property other than a motor vehicle.

    HISTORY: Code 1981, § 16-3-24.1, enacted by Ga. L. 1998, p. 1153, § 1.1.

    Many things aren't "said" in plain text in the law. I would have to dig deep for court cases where the judge has stated that. Call up any police station and they will tell you the same thing as well.


    http://www.wltz.com/story/16533567/c...s-home-invader

    Mayor of columbus stating it as well.
    Last edited by Matthias; 08-17-2012 at 10:59 PM.

  19. #19
    Regular Member
    Join Date
    Apr 2008
    Location
    , ,
    Posts
    489
    while a popular notion that the car is an extension of the home its not a legal one

  20. #20
    Regular Member Kingfish's Avatar
    Join Date
    Apr 2007
    Location
    Atlanta, Georgia, USA
    Posts
    1,276
    Quote Originally Posted by rmodel65 View Post
    while a popular notion that the car is an extension of the home its not a legal one
    Very true. Regardless of what a mayor says. If the Columbus mayor were to have any credibility then the unlawful and unenforceable firearm ordinances currently on the books in Columbus would have been removed long ago.

  21. #21
    Regular Member Matthias's Avatar
    Join Date
    Jul 2012
    Location
    JBLM, WA
    Posts
    8
    I quoted the law, which it defines what a HABITATION is. As used in Code Sections 16-3-23 and 16-3-24, the term "habitation" means any dwelling, motor vehicle, or place of business, and "personal property" means personal property other than a motor vehicle.

    THIS MEANS YOUR VEHICLE. What is a motor vehicle??? What does that mean? That means your vehicle that you drive. It's been used in a number of cases used in self defense. Which pertains to 16-3-23-16-3-24. I mean go up and ask ANY police officer in the state of GA. I can guarantee that he will say the same thing that I will. I am from GA and have worked VERY close with law enforcement before my gig in the military.
    Last edited by Matthias; 08-21-2012 at 05:02 PM.

  22. #22
    Regular Member
    Join Date
    Apr 2008
    Location
    , ,
    Posts
    489
    and everyone of those people would be mistaken... JRM=VP of GCO and licensed attorney who specializes in gun cases http://georgiapacking.org/forum/view...e+home#p481239
    Last edited by rmodel65; 08-21-2012 at 05:02 PM.

  23. #23
    Regular Member Kingfish's Avatar
    Join Date
    Apr 2007
    Location
    Atlanta, Georgia, USA
    Posts
    1,276
    Quote Originally Posted by Matthias View Post
    I mean go up and ask ANY police officer in the state of GA....
    Police officers are the last ones you should seek advise on the law from....That and gun store employees. A competent attorney (as rmodel linked) would be your best bet.

    Simply because some laws apply to your vehicle as well as your home does not make it constitutionally the same. For example, an out of state visitor without a reciprocal carry license/permit could carry a firearm in his hotel room (his home) but could not carry one in a vehicle that does not belong to him.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •