Georgia Handgun laws for 18 year olds

[braveheart483]

I'm 18 years old living in Georgia and I legally had a handgun passed down to me. Now I've become a partner in a small business dealing with quantities of cash on hand. Now being 18 years old I have had several police officers tell me that it is a felony for me to possess a gun in my car, place of business, or even at home! On the contrary I have had several tell me otherwise and I have never had a cop show me where it stated that you had to be 21 to own a handgun in the state of georgia. I know that you have to be 21 to buy from a FFL, but not from a private seller or if your parents buy one for you. Can someone please give me a solid answer?

Can I carry a handgun in my car, place of business, and home, even if I'm 18?

Thanks!

[utimmer43]

If you haven't done so already, read the GA firearms laws.

I browsed over it real quick. You MUST be 21 to carry it loaded in your vehicle, and also to get a carry permit. Other than that, most of the other mentions pertaining to age and possession addressed minors under 18 Y/O. You should be fine on private property as long as you remain there. If you must travel, you could not do so with the loaded firearm.

Again, I only glanced over it. You should read it for yourself.

[braveheart483]

yes of course, can you point out where you saw that at? because i sat down with an officer and went over the codes and we couldnt find it.

[utimmer43]

What part in particular are you looking for?

If you're looking for something that says "an 18 Y/O may possess a handgun on private property", you won't find it. Very rarely do laws permit something (unless it has already been banned in the past). Typically, they prohibit. Meaning, if it doesn't say that you cannot do something, then you may.

I can't read the whole thing tonight anymore, but I probably will be able to over the weekend.

[braveheart483]

sorry i meant the part about being 21 to carry it loaded in my car

[utimmer43]

OK, here's what I found...

I read the entire ATF publication, and as you stated there is no mention of an age requirement to transport in a vehicle. However, if you look again, the publication is missing Section 16-11-126 where subsection (e) states : "(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."

According to Dalton Police Blog: Re-Visiting Georgia's Gun Laws, that means since you are 18 Y/O and not eligible for a license, you are also not permitted to carry loaded in your vehicle.

The problem I have with this interpretation is that it implies that the wording "This Code section shall not forbid any person..." is an exception to a prohibition elsewhere in the code. But I haven't been able to find any language that suggests that carrying inside your vehicle is in anyway regulated. IOW, it seems like they wrote an exception to a rule that doesn't exist.

Long story short, I would suggest that you try contacting the GA AG for clarification.

[ronwill]

Georgia law for handguns and those under 18:

(b) Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it shall be unlawful for any person under the age of 18 years to possess or have under such person's control a pistol or revolver. A person convicted of a first violation of this subsection shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than 12 months, or both. A person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and shall be punished by a fine of $5,000.00 or by imprisonment for a period of three years, or both.


Hope this helps. There is more info at the following:

http://www.georgiapacking.org/law.php

[utimmer43]

Georgia law for handguns and those under 18:...

This would be relevant, except that the OP is 18 years old.

[ronwill]

This would be relevant, except that the OP is 18 years old.

You are correct and the question was concerning police officers telling him it was illegal for an 18 year old to possess handguns. I posted the law to show that those officers are incorrect.

[braveheart483]

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?