Georgia Handgun laws for 18 year olds

[braveheart483]

ronwill its under the same code section but d instead of e at: http://georgiapacking.org/GaCode/?ti...11&section=126

[ronwill]

Braveheart I hope the following will help clarify the sometimes unclear Georgia law:

Carry:

It is unlawful to carry a handgun or concealable firearm, openly or concealed, on or about one's person without a license to carry.

Exceptions: No license is required:

1. To carry a firearm, openly or concealed, in one's home or place of business.

2. To transport a firearm, unloaded, enclosed in a case and separated from ammunition, provided the possessor is not ineligible to obtain a license to carry.

3. To transport a loaded firearm in a private motor vehicle, provided it is carried in an open manner fully exposed to view, or is in the vehicle's glove compartment, console, or similar compartment.

4. To carry a firearm while hunting or fishing or sport shooting, provided the person so carrying has any necessary hunting or fishing license, and has written permission from the owner of the land on which the activity is being conducted, and provided any handgun is carried in an open and fully exposed manner.

Think of it this way, if you hand carry a handgun item 2 applies. If you transport a handgun in a vehicle item 3 applies.

[utimmer43]

further up on LexisNexis® Custom Solution: Georgia Code Research Tool it says

(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.

so does this mean if i have the clip loaded in my center console and the glock just sitting in my glove compartment that it's ok for me to carry in my car?

No. What (d) means is that carrying a cased, unloaded firearm, separate from ammo, while on foot (notice there is no mention of a vehicle) in public (**or perhaps on public transit??) is permissible. HOWEVER, it still specifies that you must not be ineligible for a permit. You are ineligible for a permit, therefore you may not carry under the exceptions described in either paragraph (d) or (e).

[ronwill]

No. What (d) means is that carrying a cased, unloaded firearm, separate from ammo, while on foot (notice there is no mention of a vehicle) in public (**or perhaps on public transit??) is permissible. HOWEVER, it still specifies that you must not be ineligible for a permit. You are ineligible for a permit, therefore you may not carry under the exceptions described in either paragraph (d) or (e).

This is what I was trying to get across. At 18 you can have your handgun in the car as stated in:

3. To transport a loaded firearm in a private motor vehicle, provided it is carried in an open manner fully exposed to view, or is in the vehicle's glove compartment, console, or similar compartment.


You can not carry a weapon outside of your car (except from the house to the car and back or while hunting).

[utimmer43]

Braveheart I hope the following will help clarify the sometimes unclear Georgia law:

Carry:

It is unlawful to carry a handgun or concealable firearm, openly or concealed, on or about one's person without a license to carry.

Exceptions: No license is required:

1. To carry a firearm, openly or concealed, in one's home or place of business.

2. To transport a firearm, unloaded, enclosed in a case and separated from ammunition, provided the possessor is not ineligible to obtain a license to carry.

3. To transport a loaded firearm in a private motor vehicle, provided it is carried in an open manner fully exposed to view, or is in the vehicle's glove compartment, console, or similar compartment.

4. To carry a firearm while hunting or fishing or sport shooting, provided the person so carrying has any necessary hunting or fishing license, and has written permission from the owner of the land on which the activity is being conducted, and provided any handgun is carried in an open and fully exposed manner.

Think of it this way, if you hand carry a handgun item 2 applies. If you transport a handgun in a vehicle item 3 applies.

I think you are referencing an outdated source. I am looking on GeorgiaPacking.org, and I have not seen the specific paragraph you cite. Furthermore, Dalton Police Blog states that:

" Previously the law required that the weapon be carried in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle. This is no longer the case and this statement was taken out of the law effective January 1, 2009."

It also says

"If I am under 21 years of age can I carry a pistol or revolver in my vehicle?

In order to carry a pistol or revolver in a vehicle Georgia law requires that a person not be among those enumerated as ineligible for a license under Code Section 16-11-129. This means that if you do not meet the minimum requirements for a firearms license then you are not allowed to carry a handgun in your vehicle. One of the requirements of a firearms license is that the person be at least 21 years of age. There are some instances when someone under 21 years of age can carry a handgun in a vehicle."

Those exceptions appear to be:

"* A certified peace officer in good standing with P.O.S.T
* A member of the National Guard or of the armed forces of the United States to wit: the Army, Navy, Marine Corps, Air Force, or Coast Guard who, while serving therein, possesses such firearm in the line of duty."

Now, like I said before, I don't particularly agree with that interpretation, but that appears to be the way it IS being interpreted.

[drawdy64]

the thing that I have always found is that officers of the law dont always have the right inturprataion of the law go talk to the states attorny or contact the attorney generals office here in GA and get the inturpratation from some one who spent several years in school to know what the law really states

[drawdy64]

one more thing ,contact the NRA they have people who can answer you on gun laws

[ronwill]

I think you are referencing an outdated source. I am looking on GeorgiaPacking.org, and I have not seen the specific paragraph you cite. Furthermore, Dalton Police Blog states that:
It also says

Those exceptions appear to be:


Now, like I said before, I don't particularly agree with that interpretation, but that appears to be the way it IS being interpreted.

The best thing to do is ALWAYS ask a legal adviser but Georgia code allows those 18 and above to own handguns but you must be 21 to get a GFL and carry on your person. Look at the following code (bold mine):

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.

[utimmer43]

outside of his home, motor vehicle, or place of business

Yes, which is why I mentioned before that the way the Dalton Police Blog is interpreting it doesn't make sense. Actually, the language itself doesn't make sense, because to include "(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." implies that if it were not included, it would be prohibited by some other language elsewhere in the code. But since there is nothing else that could be construed as prohibiting it, it seems that (e) is unnecessary.

The best thing to do is ALWAYS ask a legal adviser...

100% agreed. In fact, as I mentioned before, it would be worth a phone call or email to the GA attorney general to seek clarification or bring to his attention that there is confusion over it. At the very least, it might save some poor 18-20 year olds in Dalton alot of headaches.