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Thread: GA Law pertaining to military

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    GA Law pertaining to military

    Hello, I have a question pertaining to GA regarding Military personnel. DO I read the laws correct when I interpret them to say I can carry every a LEO can. i.e. Bar, Gov't bldg, Church, School, etc. It is very confusing to read without doing a lot of back and forth. I know I am exempt from the license requirement but I need clarification on the others. Thanks in advance.

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    Regular Member mark5019's Avatar
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    ar15 sbr glock 19 beretta m9
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    Quote Originally Posted by AFCop View Post
    Hello, I have a question pertaining to GA regarding Military personnel. DO I read the laws correct when I interpret them to say I can carry every a LEO can. i.e. Bar, Gov't bldg, Church, School, etc. It is very confusing to read without doing a lot of back and forth. I know I am exempt from the license requirement but I need clarification on the others. Thanks in advance.
    What is confusing - to discuss this, please cite to the authority in question - i.e., add the link to the statute your post and snip of the the relevant text

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    Regular Member Fallschirmjäger's Avatar
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    Presuming you mean O.C.G.A. § 16-11-130, Exemptions from Code Sections 16-11-126 through 16-11-127.2

    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.
    >> This is the 'short list' of where non-exempt citizens may carry without a Georgia Weapons Carry License (GWCL).

    O.C.G.A. § 16-11-127 Carrying weapons in unauthorized locations; penalty
    >> This is the list of the 'Eight Deadly Sins' where carrying without a GWCL is a bad, bad thing.

    O.C.G.A. § 16-11-127.1 Carrying weapons within school safety zones, at school functions, or on school property
    >> A list of additional things that are considered "weapons" when in a school zone. Ordinarily they would not be weapons as defined by the Georgia Code and covered by someone's GWCL.

    O.C.G.A. § 16-11-127.2 Weapons on premises of nuclear power facility.
    >> Enhanced penalty for carrying on NPF with intent to do harm.

    It may be helpful to note that being '16-11-130 exempt' is an element of the defense, not an element of the crime. It would be up to you to prove that you were exempt. With any luck that would be done at the time of the encounter by the investigation officer either being aware of, or willing to read the GA Code Section.
    Last edited by Fallschirmjäger; 03-06-2013 at 09:33 AM.

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    Regular Member EMNofSeattle's Avatar
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    It appears the answer is no, reading the statute it says

    O.C.G.A. § 16-11-130
    Exemptions from Code Sections 16-11-126 through 16-11-127.2

    (a) Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:

    ......(3) Persons in the military service of the state or of the United States........


    To me, that says you'd have to be carrying within the scope of your employment or with written authorization of your commanding officer or your base commander issued an order telling soldiers to carry when off-base.... I don't see this as exempting you off-duty as a private citizen

    just my $00.02
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    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by EMNofSeattle View Post
    It appears the answer is no
    With respect, the answer is "Yes."
    There is no "within the scope of employment" clause. Each and every person listed in OCGA 16-11-130 is authorized by law to carry 24/7. Even police officers can do it when they are off duty and private citizens.

    This is not merely my personal opinion but the unofficial opinion of the Senior Assistant Attorney General. (Before anyone gets bent out of shape at an "unofficial" opinion, please note that the Attorney General and the Assistant Attorneys General work for the state and as such can only render an "offical" opinion to the state.)

    If I may excerpt a few phrases from a rather long opinion...
    Under Georgia law, active duty military personnel are exempted from the requirement of a firearms permit. The exemption is not limited to the performance of military duty.
    Secondly, you have asked if the exemption is limited to the performance of military duties on the base. As noted above, under the current version of the statute, persons so employed are exempt; the statute no longer limits the scope of the exemption to the performance of official duties. Thus, my response to your question is in the negative.
    The scope of the exemption is the same as that for active duty military personnel. Thus, it is my unofficial opinion that the exemption for peace officers is not limited to their duty hours.
    Last edited by Fallschirmjäger; 03-07-2013 at 12:54 PM.

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    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post
    With respect, the answer is "Yes."
    There is no "within the scope of employment" clause. Each and every person listed in OCGA 16-11-130 is authorized by law to carry 24/7. Even police officers can do it when they are off duty and private citizens.

    This is not merely my personal opinion but the unofficial opinion of the Senior Assistant Attorney General. (Before anyone gets bent out of shape at an "unofficial" opinion, please note that the Attorney General and the Assistant Attorneys General work for the state and as such can only render an "offical" opinion to the state.)

    If I may excerpt a few phrases from a rather long opinion...

    Well in that case it is allowed, I was only able to read that one section of statute, if your states attorney general believes otherwise then it probably is ok for him to carry
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

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