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Thread: Georgia carry questions

  1. #1
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    Georgia carry questions

    A relative of mine and a friend of hers will be making a trip to Georgia in a few days. She had a few questions about carrying in Georgia; and I thought I would relay them here.

    First, a couple of pieces of information.
    1. This relative has a permit recognized by Georgia (Tennessee, to be specific). Her friend does not have any permit.
    2. Neither my relative nor this friend will be engaging in open carry. Any carrying done will be either car carry or concealed carry.

    Now, for my questions
    1. I know that guns can't be carried in schools, churches, courthouses, jails, and police stations. Are there any important ones I missed? Is it illegal to carry in "municipal property," such as a city park, and if so, will it be posted so as to identify it as such? Also, am I correct in noting that, if a prohibited is to be visited, the gun can be stowed in their vehicle?
    2. Is it legal to carry in a restaurant (not a bar) that serves alcohol (say, for example, Applebee's, Cheddar's, etc.)? If so are there any special restrictions, such as needing to avoid the "bar area"? If something like this exists, is it illegal to carry a gun into the restroom if it is necessary to pass the bar area on the way to it? In case it matters, neither my relative nor her friend will be consuming any alcohol.
    3. Do signs that say "no weapons allowed" (or similar) carry the force of law (as in, a gun carrier can be arrested or cited for merely carrying past such a sign, like they can here in Tennessee)? If so, does it apply both to municipal property and private property, or only one of these? Do the signs have to meet a certain requirement?
    4. Let's say this friend drives the shared vehicle somewhere without my relative in it. Did I read the law correctly in that this friend can have a gun in the car (but can't carry it on the person)? If so, are there restrictions (concealed only, open only, open or in glovebox, glovebox only, etc.)? As a point of information, this vehicle has a glovebox that does NOT have a lock and a center console that DOES have a lock.
    5. Are there any other provisions that would be good to know? Before anyone mentions it, I am fully aware of the Federal GFSZA and it's implications (as in, it would be technically against Federal law for my relative or her friend to carry a gun within 1,000 of a K-12 school), and I have informed her of it.
    "Eternal vigilance is the price of liberty."
    "All that is necessary for evil to triumph is for good men to do nothing."
    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." Ben Franklin

  2. #2
    Campaign Veteran RabbiVJ's Avatar
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    My Responses are inline.

    Quote Originally Posted by Nascar24Glock View Post
    A relative of mine and a friend of hers will be making a trip to Georgia in a few days. She had a few questions about carrying in Georgia; and I thought I would relay them here.

    First, a couple of pieces of information.
    1. This relative has a permit recognized by Georgia (Tennessee, to be specific). Her friend does not have any permit.
    2. Neither my relative nor this friend will be engaging in open carry. Any carrying done will be either car carry or concealed carry.

    Now, for my questions
    1. I know that guns can't be carried in schools, churches, courthouses, jails, and police stations. Are there any important ones I missed? Is it illegal to carry in "municipal property," such as a city park, and if so, will it be posted so as to identify it as such? Also, am I correct in noting that, if a prohibited is to be visited, the gun can be stowed in their vehicle?

    City County and State Parks you are good. Nuclear Power Plants and land controlled by the Army CoE are not.

    O.C.G.A. § 16-11-127

    (b) A person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while:

    (1) In a government building;

    (2) In a courthouse;

    (3) In a jail or prison;

    (4) In a place of worship;

    (5) In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease; provided, however, that carrying a weapon or long gun in such location in a manner in compliance with paragraph (3) of subsection (d) of this Code section shall not constitute a violation of this subsection;

    (6) In a bar, unless the owner of the bar permits the carrying of weapons or long guns by license holders;

    (7) On the premises of a nuclear power facility, except as provided in Code Section 16-11-127.2, and the punishment provisions of Code Section 16-11-127.2 shall supersede the punishment provisions of this Code section; or

    (8) Within 150 feet of any polling place, except as provided in subsection (i) of Code Section 21-2-413.

    2. Is it legal to carry in a restaurant (not a bar) that serves alcohol (say, for example, Applebee's, Cheddar's, etc.)? If so are there any special restrictions, such as needing to avoid the "bar area"? If something like this exists, is it illegal to carry a gun into the restroom if it is necessary to pass the bar area on the way to it? In case it matters, neither my relative nor her friend will be consuming any alcohol. -

    Yes you can carry in a restaurant that serves alcohol, No Special restrictions that im aware of. The only law in terms if intoxication and firearms is in terms of discharge. if you are .08 and above discharge in defence of life and/or property is fine if not its a High and aggriavted nature.

    O.C.G.A. § 16-11-134

    Discharging firearm while under the influence of alcohol or drugs

    (a) It shall be unlawful for any person to discharge a firearm while:

    (1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property;

    (2) The person's alcohol concentration is 0.08 grams or more at any time while discharging such firearm or within three hours after such discharge of such firearm from alcohol consumed before such discharge ended; or

    (3) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.

    (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of possessing or discharging a firearm safely as a result of using a drug other than alcohol which such person is legally entitled to use.

    (c) Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature.



    3. Do signs that say "no weapons allowed" (or similar) carry the force of law (as in, a gun carrier can be arrested or cited for merely carrying past such a sign, like they can here in Tennessee)? If so, does it apply both to municipal property and private property, or only one of these? Do the signs have to meet a certain requirement?

    Signs in GA DO NOT carry legal weight. Its just like any Trespass statue. If they ask you to leave, you leave promptly, if not, its criminal trespass

    4. Let's say this friend drives the shared vehicle somewhere without my relative in it. Did I read the law correctly in that this friend can have a gun in the car (but can't carry it on the person)? If so, are there restrictions (concealed only, open only, open or in glovebox, glovebox only, etc.)? As a point of information, this vehicle has a glovebox that does NOT have a lock and a center console that DOES have a lock.

    AFAIK as long as they are eligible for a GWCL, then yes they can have the gun in the car...no restrictions.

    O.C.G.A. § 16-11-126

    (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.

    5. Are there any other provisions that would be good to know? Before anyone mentions it, I am fully aware of the Federal GFSZA and it's implications (as in, it would be technically against Federal law for my relative or her friend to carry a gun within 1,000 of a K-12 school), and I have informed her of it.

    Knives over 5" requires a weapons licence.

    Hope this helps...IANAL. For more specific laws, check www.georgiapacking.org or www.georgiacarry.org
    -NRA Member, GSSF Member, GeorgiaCarry Member, Glock Certified Armorer, Glock 30SF, STI Elektra, M&P9c, NAA Black Widow .22 WMR
    -“I do believe that where there is a choice only between cowardice and violence, I would advise violence.”—Mahatma Ghandhi

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  4. #4
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    Ok, thanks.

    I also wondered about a ramification of the law. If I read it correctly, it is legal to carry a gun in a car's glovebox without a permit under two conditions: (1) the car is the gun carrier's own personal vehicle and the carrier is not a prohibited person, or (2) the vehicle is any vehicle for which the owner has not prohibited carrying in the vehicle and the carrier is elligible for a Georgia carry permit. Since residency is required to be elligible for a Georgia carry permit, and since the friend is not a Georgia resident, it appears to mean that, if the friend wants to carry in the glovebox, then they will have to take the friend's car instead of my relative's car. Did I interpret that correctly?
    "Eternal vigilance is the price of liberty."
    "All that is necessary for evil to triumph is for good men to do nothing."
    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." Ben Franklin

  5. #5
    Regular Member Kingfish's Avatar
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    Quote Originally Posted by Nascar24Glock View Post
    Ok, thanks.

    I also wondered about a ramification of the law. If I read it correctly, it is legal to carry a gun in a car's glovebox without a permit under two conditions: (1) the car is the gun carrier's own personal vehicle and the carrier is not a prohibited person, or (2) the vehicle is any vehicle for which the owner has not prohibited carrying in the vehicle and the carrier is elligible for a Georgia carry permit. Since residency is required to be elligible for a Georgia carry permit, and since the friend is not a Georgia resident, it appears to mean that, if the friend wants to carry in the glovebox, then they will have to take the friend's car instead of my relative's car. Did I interpret that correctly?
    You did indeed. But it does not have to be in the glove box. It can be ANYWHERE. OC/CC/console/glove box/dash/seat/duct taped to ceiling.....

  6. #6
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    Thumbs up

    Quote Originally Posted by Kingfish View Post
    You did indeed. But it does not have to be in the glove box. It can be ANYWHERE. OC/CC/console/glove box/dash/seat/duct taped to ceiling.....
    duct taped to ceiling
    Last edited by dosovm; 09-22-2012 at 05:16 PM.

  7. #7
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    Georgia carry questions

    Quote Originally Posted by Nascar24Glock View Post
    3. Do signs that say "no weapons allowed" (or similar) carry the force of law (as in, a gun carrier can be arrested or cited for merely carrying past such a sign, like they can here in Tennessee)? If so, does it apply both to municipal property and private property, or only one of these? Do the signs have to meet a certain requirement?
    I didn't see a definite answer to this, I will be heading to Atlanta next weekend and wanted to make sure.

    Here in KY, signs do not hold the weight of law and you can walk right past them.

  8. #8
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    Georgia carry questions

    Never mind I found my answer, just like KY.

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