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Thread: Military exempt GWCL question

  1. #1
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    Default Military exempt GWCL question

    My wife is in the Army and we are stationed at Fort Gordon, I was wondering if anyone knew if the military exemption rule applies to family members trying to get a Georgia Weapons Carry License. It doesn't seem like I will be able to carry, but here's to wishing. A quick copy and paste of the law:

    O.C.G.A. § 16-11-130
    Exemptions

    (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
    Last edited by sandollor; 05-16-2011 at 12:52 PM. Reason: woops





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  3. #2
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    Going by direct verbiage, it would most likely apply to ACTIVE military personal. Not family members. I would need to see the whole rules and law segment to determine if it applied to Military persons ON DUTY
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  4. #3
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    Only the military member is exempt. Family members are not and must obtain the GWCL or a permit recognized by Georgia.
    Quote Originally Posted by Flanmedic51 View Post
    Again, you turn it into a rights thing when it only gives the LEO more ability to enforce laws and provide public safety.
    I am not anti-cop, I am pro-Constitution.

  5. #4
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    Default On and off duty?

    Our unit recently had a "safety" day during which the GA state police visited and mentioned the exemption only applied while the service member was on duty and a license would be required during off duty periods. Can anyone verify?

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    Quote Originally Posted by CKern View Post
    Our unit recently had a "safety" day during which the GA state police visited and mentioned the exemption only applied while the service member was on duty and a license would be required during off duty periods. Can anyone verify?
    We can verify he was wrong.

    O.C.G.A. § 16-11-130
    Exemptions

    (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
    Is the governor of the state of Georgia only the governor from 9 am to 5 pm or is the governor actually the governor 24/7? Nathan Deal is the governor of Georgia 24/7 because that is the office he is employed in. You are employed in the office of an active duty military member 24/7. If Georgia law exemption applied to you only while on official duty, it would have that limitation in it, like Washington statute does:

    RCW 9.41.060
    Exceptions to restrictions on carrying firearms.

    *** CHANGE IN 2011 *** (SEE 1041-S.SL) ***

    The provisions of RCW 9.41.050 shall not apply to:

    (2) Members of the armed forces of the United States or of the national guard or organized reserves, when on duty;
    But Georgia law does not have the when on duty limitation.
    Quote Originally Posted by Flanmedic51 View Post
    Again, you turn it into a rights thing when it only gives the LEO more ability to enforce laws and provide public safety.
    I am not anti-cop, I am pro-Constitution.

  7. #6
    G50AE is offline Banned
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    Quote Originally Posted by NavyLCDR View Post
    But Georgia law does not have the when on duty limitation.
    And you don't need a CCW Badge either. Also note that the exemption does not apply to your sheepdog, only to the person in the service.

  8. #7
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    There is no distinction between active duty military or reserve or gaurd in Gerogia. Even members of the state defense force are exempt as military.

    This does not apply to family members. You will have to get a GWCL
    I fear a government that fears my gun.

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