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Thread: active military and no GFL?

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    The wayI interperet the statute, an active military member may carry as though he has a GFL. So basically an active military I.D. would work in substitution for a GFL. A local LEO told me the same thing. Just wondering if that is true, because I am an active duty Marineand without a GFL. Any views on this topic would be appriciated.

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    Regular Member mark5019's Avatar
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    active military stationed in ga

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    O.C.G.A. § 16-11-130
    Exemptions from Code Sections 16-11-126 through 16-11-128

    (a)Code Sections 16-11-126 through 16-11-128 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;



    Where does it state one must be stationed in Georgia, please?

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    what about active military stationed elswhere but who's home of record is in ga? I never heard anything about having to be stationed in GA. Because on active status a military member is always "on duty"

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    In Ga. active military actually have LESS restrictions than GFL holders.

    http://www.georgiapacking.org/GaCode...11&section=130
    Note there's no mention of being stationed in Ga.

    Then read sections 16-11-126 through 16-11-128 to see what you are exempt from - main one here is the public gathering law.

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    Hopefully, soon, none of us will have to worry about The Public Gatherings Law, 16-11-127, pending the Signature from The Governor on Senate Bill 308.

    However, in the mean time, 16-11-130(3) exempts Military Personnel from 16-11-126 through 16-11-128.

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    thinbluelines&w40ve wrote:
    what about active military stationed elswhere but who's home of record is in ga? I never heard anything about having to be stationed in GA. Because on active status a military member is always "on duty"
    if your stationed in ga thats the law in ga i cant say what it is in the other 49 states

    my ga criminal code book is down in my car.

    it says active military personnel in ga thats what im referring to
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    active military personel doesn't mean "stationed". it means on active duty status as opposed to the reserves or national guard, who are only on active duty status one weekend a month. even while on leave in my hometown of flintstone, ga, i am still active status. there is no rest for an active duty Marine. However, i EAS from the Marine Corps in august so i guess i need to look into getting my GFL, because i'm never without my trusty 40 cal.

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    active military personel doesn't mean "stationed". it means on active duty status as opposed to the reserves or national guard, who are only on active duty status one weekend a month. even while on leave in my hometown of flintstone, ga, i am still active status. there is no rest for an active duty Marine. However, i EAS from the Marine Corps in august so i guess i need to look into getting my GFL, because i'm never without my trusty 40 cal.

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    active military personel doesn't mean "stationed". it means on active duty status as opposed to the reserves or national guard, who are only on active duty status one weekend a month. even while on leave in my hometown of flintstone, ga, i am still active status. there is no rest for an active duty Marine. However, i EAS from the Marine Corps in august so i guess i need to look into getting my GFL, because i'm never without my trusty 40 cal.

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    The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.
    [18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]
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    i may be completely off base here but dosen't that concern the SALE of a firearm, and not the carry of one Mark? once again i may be completely off base but just a question.

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    all i know is that the ga attorney general said active military stationed here in ga there mil id is there license .

    if ive confused you all im sorry ill have my code book tommorow

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    mark5019 wrote:
    all i know is that the ga attorney general said active military stationed here in ga there mil id is there license .

    if ive confused you all im sorry ill have my code book tommorow
    The Georgia Attorney General may indeed have said that. He may also have said that you can have cheddar cheese on a cheeseburger. That does not rule out having swiss cheese on your burger if desired.

    If you would kindly point out where the Attorney General said one must be active duty And stationed in Georgia I would appreciate it.

    I'm not really sure why you'd need a code book, the link I posted was to the entirety of the Georgia Code regarding the subject matter.


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    thinbluelines&w40ve wrote:
    active military personel doesn't mean "stationed". it means on active duty status as opposed to the reserves or national guard, who are only on active duty status one weekend a month. even while on leave in my hometown of flintstone, ga, i am still active status. there is no rest for an active duty Marine. However, i EAS from the Marine Corps in august so i guess i need to look into getting my GFL, because i'm never without my trusty 40 cal.
    You could always look into volunteering for the Georgia State Defense Force. Then you would be in the service of the State of Georgia. Of course, you'll only be able to carry when not on active duty.

    Additionally, you get to buy and wear a spiffy, minty-green digicam uniform :celebrate

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    lol i've worn a digi uniform for 5 yars now. i think i might trade it in for a badge.

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    To: Judge May 9, 1997 Probate Court of Houston County
    Re: 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. These personnel may, upon request, obtain a firearms permit if otherwise qualified. Their dependents may be issued a permit if otherwise qualified only upon establishing residency in this state. Law enforcement officers are also exempt from the requirement to obtain a permit.

    This unofficial opinion is issued in response to the questions you have raised concerning the proper application of O.C.G.A. § 16-11-130 to military and law enforcement personnel. For clarity, I have set forth each of your questions and responded seriatim.
    First, you have inquired if active duty military personnel are exempt from the permit requirements. The exemptions are set forth in O.C.G.A. § 16-11-130. I note that this Code Section exempts certain persons from "Code Sections 16-11-126 through 16-11-128." Thus, persons so exempt are exempted not only from the requirement of a permit to carry a firearm (O.C.G.A. § 16-11-128), but are also exempt from the provisions regarding the carrying of concealed weapons (O.C.G.A. § 16-11-126), carrying deadly weapons to or at public gatherings (O.C.G.A. § 16-11-127), and carrying weapons within school safety zones or at school functions (O.C.G.A. § 16-11-127.1) But see O.C.G.A. § 16-11-127.1(c)(3), which appears to limit the exemption to persons actually participating in military training programs.
    Under prior versions of this statute, it was clear that the exemption applied only to the performance of official duties. See, e.g., Talley v. State, 129 Ga. App. 479, 481 (1973); 1987 Op. Att'y Gen. U87-28. However, at that time the exemptions applied to these persons while engaged in the pursuit of official duties or when authorized by law. Since that time, the statute has been amended. Official Code of Georgia Annotated § 16-11-130(a) now provides that the exemptions apply to "persons . . . employed in the offices listed below." Persons in the military service of the State of Georgia or of the United States are among those so listed. O.C.G.A. § 16-11-130(a)(3). Thus, it is my unofficial opinion that active duty military personnel are exempt under Georgia law from the requirement for a firearms permit.
    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.
    In your third question, you ask if active duty military personnel may, notwithstanding the exemption, apply for and be issued a firearms permit. Permits may be issued only to a resident of this state whose domicile is in the county of application. O.C.G.A. § 16-11-129(a). Generally, military personnel are not residents of Georgia and thus they were not eligible for the permits under a former version of the statute. See 1976 Op. Att'y Gen. U76-71. Under the current statute, however, an active duty member of the armed services who, although not a domiciliary of this state, resides in the county or on a military reservation in the county may nevertheless obtain a firearms permit if otherwise eligible. O.C.G.A. § 16-11-129(a). Thus, it is my unofficial opinion that a member of the armed services may, provided that he is otherwise eligible for the permit, apply for and be issued a firearms permit notwithstanding the fact that he is not domiciled in Georgia.
    Your fourth question concerns the residency requirements for an active duty military applicant. Under the plain language of the statute, a member of the armed services may, if otherwise eligible, obtain a permit if he resides in the county of application or on a military reservation located in whole or in part in that county at the time of application.

    Fifth, you inquire regarding the eligibility of a spouse for a permit. As noted supra, military personnel (and their dependents) are generally not residents of Georgia and thus the dependents are not eligible for the permits. See 1976 Op. Att'y Gen. U76-71. However, this is not an ironclad rule; a member of the armed services may choose to establish a domicile in Georgia and, if this is done, the member's dependents would be eligible for a permit if otherwise qualified. In making a determination of residency, the Probate Judge should consider such factors as payment of Georgia income or property taxes, place of residence, registration to vote, registration of automobiles, whether the dependent is licensed to drive by this state, and other similar factors. See, e.g., 1981 Op. Att'y Gen. U81-26. If satisfied that the dependent has established residency in this state, the Court may consider the application for a firearms permit.
    Finally, you have inquired about the scope of the exemption from the concealed weapon, public gathering, school zone, and license provisions applicable to full-time peace officers. Peace officers are exempted from these provisions by O.C.G.A. § 16-11-130(a)(1). 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.
    In sum, it is my unofficial opinion that active duty military personnel are exempt from the requirement of a firearms license. The exemption is not limited to military activity on the military reservation. Although not domiciled in this state, active duty military personnel may nevertheless obtain a firearms license if they are otherwise qualified. Dependents of military personnel are not eligible for a firearms license unless the Probate Judge first determines that they have established domicile in that county. Full-time peace officers are entitled to the same exemption as are active duty military personnel.
    Prepared by:

    NEAL B. CHILDERS
    Senior Assistant Attorney General


    http://www.georgiapacking.org/ga-ag/u97-13.htm

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    By what you just posted, Mr. Childers has expressed his opinion that Active duty military (no matter where they are stationed) can carry a firearm without aGFL. Only to buy a firearm or apply for a GFL do you need to reside in the state or county where you are buying or applying.

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    he was referring to ga thats all i know in my ga criminal code book it says same
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    Q. "... First, you have inquired if active duty military personnel are exempt from the permit requirements.."

    A. "... Thus, it is my unofficial opinion that active duty military personnel are exempt under Georgia law from the requirement for a firearms permit.."

    I have no problems with the AG's answer. One notes that it does not require military personnel to be stationed in Georgia in order to be subject to the laws of the state.

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    Regular Member mark5019's Avatar
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    i differ with your opinion to my knowledge
    if u are stationed in alabama and carry here in ga under your mil id your in violation og ga haws
    now ill post link where you can ask others

    http://www.georgiapacking.org/forum/...05213bf2837925
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    Mark, I have no opinion on your knowledge one way or the other, although I am sure it is in no way deficient.

    I've been a member of both GeorgiaPacking and GeorgiaCarry for a number of years. The question has been asked and answered there before. The answer is the same as you posted - no mention of any requirement to be stationed in Georgia in order to be subject to the laws of the state while within its boundaries.

    Did I miss somewhere in Mr Childers opinion that one must be stationed in Georgia? I don't recall seeing either 'station' or 'stationed', or 'permanent duty station' in what you posted.

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    Regular Member mark5019's Avatar
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    all i can speak for is ga i dont know if same in other states
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    I was of the opinion what we were discussing Georgia.

    I'm not really asking for your opinion on the law as I have no intention of trying to convince you one way or the other. I only wish for you to point out where it says one must be stationed in Georgia to be subject to the laws of the state when you are in Georgia.


    So... did I miss the words 'station', 'stationed', or 'permanent duty station' in Senior Assistant Attorney General Childers' unofficial opinion or not?


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    "16-11-130.
    (a) Code Sections 16-11-126 through 16-11-128 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:
    (1) Peace officers...
    (2) Wardens...
    (3) Persons in the military service of the state or of the United States;
    The new law makes it quite clear that regardless of where military personnel are stationed, they are exempt from the cc laws (as well as a couple of others - see the relevant code sections mentioned above).

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