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Thread: driving through GA, vehicle carry?

  1. #1
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    I'm driving through GA and my state's license is not recognized, I was reading how some Georgia law says that anyone without a license can carry in their own car.

    So my question is if I keep my pistol in my vehicle the entire time I should be legal right? Does it have to be in any specific place and what about getting pulled over do I have to inform the officer?

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    no duty to inform, since your ineligible to get a GFL you cant carry loaded iirc and it must be in the glove box .
    http://georgiapacking.org/GaCode/?ti...mp;section=126

    get a NH license for 20$

  3. #3
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    he is ineligible as he does not live in GA

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    NavyLT wrote:
    rmodel65 wrote:
    he is ineligible as he does not live in GA
    Again the same website seems to disagree with that interpretation as well. Their comment on the law defines ineligible persons as those not meeting the requirements of OCGA 16-11-129 sections (b).(1) through (6). He meets the eligibility requirements for the license, just not the residency requirement - two different things, two different sections in the code. The residency requirement is in OCGA 16-11-129 (a).

    so he is ineligible:P http://www.georgiacarry.org/cms/2008...-nonresidents/

  5. #5
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    (e)This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle.

  6. #6
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    NavyLT wrote:
    rmodel65 wrote:
    (e)This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle.
    OK. So let me get this straight. 1. A non-resident without a CPL that GA recognizes cannot open carry a gun without a hunting or fishing license because of (and notice it does not say loaded or unloaded):
    O.C.G.A. § 16-11-128
    Carrying pistol without license
    (a)A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner.

    2. A non-resident cannot carry a gun unloaded and in a case outside their vehicle because of:

    O.C.G.A. § 16-11-126
    Carrying a concealed weapon
    (a)A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, knuckles whether made from metal, thermoplastic, wood, or other similar material, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.
    (d)This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition.

    3. The ONLY thing that a non-resident CAN do is to carry an unloaded firearm in their vehicle, but there is NO legal way for that non-resident to put the firearm in their vehicle or remove it from their vehicle in Georgia? That means that the non-resident must enter Georgia with the firearm in their vehicle, leave Georgia with the firearm in their vehicle, but cannot remove that firearm from their vehicle, even unloaded and cased, while in Georgia?







    pretty much, if you read the law about possessing the handgun you have to have a license to carry in your own yard.unless your doing the hunting thing

  7. #7
    mdgary
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    rmodel65 wrote:
    NavyLT wrote:
    rmodel65 wrote:
    (e)This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle.
    OK. So let me get this straight. 1. A non-resident without a CPL that GA recognizes cannot open carry a gun without a hunting or fishing license because of (and notice it does not say loaded or unloaded):
    O.C.G.A. § 16-11-128
    Carrying pistol without license
    (a)A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner.

    2. A non-resident cannot carry a gun unloaded and in a case outside their vehicle because of:

    O.C.G.A. § 16-11-126
    Carrying a concealed weapon
    (a)A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, knuckles whether made from metal, thermoplastic, wood, or other similar material, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.
    (d)This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition.

    3. The ONLY thing that a non-resident CAN do is to carry an unloaded firearm in their vehicle, but there is NO legal way for that non-resident to put the firearm in their vehicle or remove it from their vehicle in Georgia? That means that the non-resident must enter Georgia with the firearm in their vehicle, leave Georgia with the firearm in their vehicle, but cannot remove that firearm from their vehicle, even unloaded and cased, while in Georgia?







    pretty much, if you read the law about possessing the handgun you have to have a license to carry in your own yard.unless your doing the hunting thing
    Dang!
    When I go to my brothers house in GA. I have more rights to carry a firearmthan he does (with a NH permit) and he is a GA. resident .With his permission of course..

  8. #8
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    thats because our gun laws have a shady past

    http://www.georgiacarry.org/cms/2007...cist-gun-laws/

  9. #9
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    I imagine MP will be in here some time. if that was the case then i doubt he would be suing the state over it :P

    another thing worth noting is that if your in your personal car and your a resident you can carry in it

    http://www.georgiacarry.org/cms/geor...ked-questions/

    Q: I don’t have a GFL. Can I carry in my car?
    A:
    If you are eligible for a firearms license, then you may carry a firearm anywhere inside your vehicle, concealed or openly. You may not carry a firearm in a car belonging to another person.

    so if you rent a car you cannot carry in the rented car

  10. #10
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    it seems crazy but our laws were written like that on purpose http://www.georgiacarry.com/county/f...02nd%20MTD.pdf scroll down to around page 15 on the pdf



    Plaintiffs, however, are prohibited from carrying a handgun at all in Georgia.
    Under O.C.G.A. § 16-11-126, Plaintiffs are prohibited from carrying a concealed
    weapon (including a handgun) without a GFL. Under O.C.G.A. § 16-11-128,
    Plaintiffs are prohibited from carrying a pistol, without a GFL, outside of “his or her”home, motor vehicle, or place of business. Plaintiff Goyke does not have a home or
    place of business in Georgia. Amended Complaint, ¶ 27. He usually does not have
    his own motor vehicle when he visits Georgia. Amended Complaint, ¶ 26. Carrying a
    pistol without a GFL in another’s motor vehicle is not permitted by Georgia law
    .

    SeeHubbard v. State, 210 Ga. App. 141, 143 435 S.E.2d 709, 711 (1993) (“the fact that he
    was carrying the pistol in a motor vehicle which was not his own did not negate the
    need for a license”). The Hubbard court emphasized that a license is needed for
    someone to carry a firearm “outside his home, motor vehicle, or place of business,
    id. [emphasis in original]. This implies that carrying in another’s home also would be
    a violation.


    Thus, Plaintiff Goyke is not,permitted to carry a pistol without a GFL, openly or
    concealed, anywhere in Georgia, even in the private home of his Georgia relatives.
    By denying him the right to apply for and receive a GFL through the disparate
    treatment of residents and nonresidents, Defendant has completely barred Plaintiff
    Goyke from carrying the quintessential self defense weapon anywhere in this state.
    Such a blanket prohibition on the exercise of a fundamental right is impermissible,particularly when the state is denying the right to nonresidents but permitting it to
    residents.

  11. #11
    bradpiit
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    HELLO SIR!!
    I am a lawyer by profession and i want to tell you that carrying a pistol in a car is legal but along with license and you also dont have car license so try to get atleast car license so that you can show to the police when asked for!!
    ------------------------------
    brad pitt
    South Carolina Drug Treatment Centers

  12. #12
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    if your not a GA resident then you are ineligible for a GA firearms license so you must carry in accordance with federal transport laws

    or have a license with reciprocity

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