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daddy_steve
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Posted: 1/13/2007 1:52:18 PM
[Last Edit: 2/14/2011 1:52:32 PM by daddy_steve]

THE IMAGE ABOVE IS A PAID ADVERTISEMENT
Georgia Carry's listing for current laws

http://www.gacarry.org/cms/ga-code/

ArmedChaos
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Posted: 1/14/2007 3:17:36 PM
Just out of curiosity...

I am ASSuming you work at a gun store, or own one.

Is there signage stating no loaded firearms or weapons on the outside?

If there is, what would you do if by chance you happened to see a customer with a firearm concealed? Either by printing or some other method in which the customer was not drawing, nor purposefully displaying the firearm?
birdbarian
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Posted: 1/14/2007 3:24:18 PM

Originally Posted By ArmedChaos:
Just out of curiosity...

I am ASSuming you work at a gun store, or own one.

Is there signage stating no loaded firearms or weapons on the outside?

If there is, what would you do if by chance you happened to see a customer with a firearm concealed? Either by printing or some other method in which the customer was not drawing, nor purposefully displaying the firearm?


I always ASSume they are just kidding when they post those signs. If it is not a prohibited place or event, you are not breaking the law unless you refuse to leave when asked.
daddy_steve
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Posted: 1/14/2007 4:21:19 PM

Originally Posted By ArmedChaos:
Just out of curiosity...

I am ASSuming you work at a gun store, or own one.

Is there signage stating no loaded firearms or weapons on the outside?

If there is, what would you do if by chance you happened to see a customer with a firearm concealed? Either by printing or some other method in which the customer was not drawing, nor purposefully displaying the firearm?



I own, with my partner, a pawn shop and deal with guns.

We don't have a sign prohibiting loaded firearms but do tell people that call about pawning or selling a weapon to be sure it's unloaded before they bring it in the shop for the obvious reasons.

And we check each weapon to make sure it's unloaded before doing anything else.

I have no problem with a customer carrying concealed - even if I see it - I open carry my 1911 every day...
ArmedChaos
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Posted: 1/14/2007 11:11:30 PM

Originally Posted By daddy_steve:
Originally Posted By ArmedChaos:
I own, with my partner, a pawn shop and deal with guns.


I have no problem with a customer carrying concealed - even if I see it - I open carry my 1911 every day...


So glad to here it...

If you don't mind me asking, which pawn shop?

BTW, thanks for posting the GA codes.

daddy_steve
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Posted: 1/15/2007 7:10:38 AM
Don't want to violate any rules here but I'm on Hwy 129 in Clermont between Gainesville and Cleveland... We don't stock new guns but can order most anything you might need and hopefully save you some money...
cohutt
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Posted: 1/15/2007 7:52:24 AM
Thanks for the post-

I try and remember to review the "rules" periodically and appreciate you pulling & posting them for us all.
If a girl ever tried to kick MY ass, I'd be like...hey!... you get your b*tch ass back in the kitchen, and bake me some pie
matthew
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Posted: 2/20/2007 12:24:52 AM
[Last Edit: 2/20/2007 12:33:28 AM by matthew]
O.C.G.A. § 16-12-123


GEORGIA CODE
Copyright 2006 by The State of Georgia
All rights reserved.

*** Current through the 2006 Regular Session ***

TITLE 16. CRIMES AND OFFENSES
CHAPTER 12. OFFENSES AGAINST PUBLIC HEALTH AND MORALS
ARTICLE 4. OFFENSES AGAINST PUBLIC TRANSPORTATION
PART 2. TRANSPORTATION PASSENGER SAFETY

O.C.G.A. § 16-12-123 (2006)

§ 16-12-123. Bus or rail vehicle hijacking; boarding with concealed weapon; company use of reasonable security measures


(a)(1) A person commits the offense of bus or rail vehicle hijacking when he or she:

(A) Seizes or exercises control by force or violence or threat of force or violence of any bus or rail vehicle within the jurisdiction of this state;

(B) By force or violence or by threat of force or violence seizes or exercises control of any transportation company or all or any part of the transportation facilities owned or operated by any such company; or

(C) By force or violence or by threat of force or violence substantially obstructs, hinders, interferes with, or otherwise disrupts or disturbs the operation of any transportation company or all or any part of a transportation facility.

(2) Any person convicted of the offense of bus or rail hijacking shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for life or by imprisonment for not less than one nor more than 20 years.

(b) Any person who boards or attempts to board an aircraft, bus, or rail vehicle with any explosive, destructive device, or hoax device as such term is defined in Code Section 16-7-80; firearm; hazardous substance as defined by Code Section 12-8-92; or knife or other device designed or modified for the purpose of offense and defense concealed on or about his or her person or property which is or would be accessible to such person while on the aircraft, bus, or rail vehicle shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years. The prohibition of this subsection shall not apply to any law enforcement officer, peace officer retired from a state or federal law enforcement agency, person in the military service of the state or of the United States, or commercial security personnel employed by the transportation company who is in possession of weapons used within the course and scope of their employment; nor shall the prohibition apply to persons transporting weapons contained in baggage which is not accessible to passengers if the presence of such weapons has been declared to the transportation company and such weapons have been secured in a manner prescribed by state or federal law or regulation for the purpose of transportation or shipment. The provisions of this subsection shall not apply to any privately owned aircraft, bus, or rail vehicle if the owner of such aircraft or vehicle has given his or her express permission to board the aircraft or vehicle with the item.

(c) The company may employ reasonable security measures, including any method or device, to detect concealed weapons, explosives, or hazardous material in baggage or freight or upon the person of the passenger. Upon the discovery of any such item or material in the possession of a person, unless the item is a weapon in the possession of a person exempted under subsection (b) of this Code section from the prohibition of that subsection (b), the company shall obtain possession and retain custody of such item or materials until they are transferred to the custody of law enforcement officers.

HISTORY: Ga. L. 1978, p. 2238, § 3; Ga. L. 1982, p. 3, § 16; Ga. L. 1988, p. 415, § 2; Ga. L. 1996, p. 416, § 7; Ga. L. 2002, p. 1094, § 5.
DJAteOhAte
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Posted: 2/28/2007 7:34:55 AM
Malum-Prohibitum
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Posted: 6/28/2007 6:12:05 PM

Originally Posted By DJAteOhAte:
www.georgiapacking.org/law.php


That link has not only the statutes pertaining to firearms, but the CASES. Check it out!
Traxus
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Posted: 10/4/2007 11:26:00 AM
So if I'm reading the law correct, and gapacking.org correct, you can legally pass through a school safety zone with a firearm in your possession (e.g. I'm driving back from the gun store with a newly-purchased AR-15 and pass by a school)? Damn, that's good to know. I always thought that was illegal to have weapons within 1000 ft, period.
absoludely
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Posted: 11/22/2007 5:55:15 PM
i swear i can read the words of these codes but it hardly ever makes sense.

i'm going to be getting a concealed permit soon and was wondering what places might be slipping my mind that i definitely can't carry to (besides the obvious such as schools, any alcohol serving place, etc).

also, based on the wording, are you allowed to carry a loaded gun w/you WITHOUT a permit if you just have it out in the open? in other words, can i just walk down the street holding a loaded gun in my hand???
Malum-Prohibitum
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Posted: 12/17/2007 7:07:48 PM

Originally Posted By absoludely:
also, based on the wording, are you allowed to carry a loaded gun w/you WITHOUT a permit if you just have it out in the open? in other words, can i just walk down the street holding a loaded gun in my hand???


No, you need a license for that. Please see OCGA 16-11-128

In most states, 27 to be exact, open carry is legal without a license. In Georgia, it is not.

Want to know why? CLICK HERE

You WILL be shocked and appalled.
BB
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Posted: 4/3/2008 8:31:17 AM
Not sure if this has been covered, but the laws were changed in '07 on renewing your concealed carry license. I guess it was part of the NICS/ATF BS that went on where the ATF made the GA license ineligible for NICS background check exemption. Anyway, used to be you just went in to probate and renewed your license, that was it. Now, you have to go through the whole process again with the fingerprinting and background check etc...etc...
absoludely
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Posted: 4/3/2008 10:05:34 AM
wow serious? that kinda sucks, when'd this change come into effect?
LARRYG
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Posted: 4/8/2008 5:35:57 PM

Originally Posted By Malum-Prohibitum:

Originally Posted By absoludely:
also, based on the wording, are you allowed to carry a loaded gun w/you WITHOUT a permit if you just have it out in the open? in other words, can i just walk down the street holding a loaded gun in my hand???


No, you need a license for that. Please see OCGA 16-11-128

In most states, 27 to be exact, open carry is legal without a license. In Georgia, it is not.

Want to know why? CLICK HERE

You WILL be shocked and appalled.


But in many states that everyone says are so great, like Texas and Florida for instance, open carry is not legal, period, even with a license.

As for "shocked and appalled", Georgia is not alone by any stretch of the imagination. Most gun laws everywhere in this country were born out of racist roots.
If it's a Colt, it's a copy of an original ArmaLite.

I am not LARRYG36.

Racing is life. Anything that happens before or after is just waiting.

If your AR10 is marked Geneseo, IL, it's still an AR10 no matter what some people say.
daddy_steve
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Posted: 4/22/2008 10:00:04 AM
Can someone explain the definition of the term "similar compartment" in 16-11-126?

This law seems contradictory in that you must keep the weapon and ammo separated but then it turns around and says "Code section shall not forbid" transport of a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle.

Seems to me a lockable security type box or compartment would be OK to carry a loaded rifle in your vehicle but I've been wrong before


16-11-126

(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. 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 in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle; provided, however, that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle.
As you slide down the banister of life;
May the splinters never point the wrong way

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RiverBend
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Posted: 7/18/2008 5:57:27 AM
[Last Edit: 11/12/2010 8:51:58 AM by RiverBend]
What about shooting on private land, what is the rules, other than the 50 yards from a roadway.
And from where does that measurement of 50 yards start, at the pavement edge, centerline, I haven't been able to get a definate answer from GSP, Local LEO's. DA's, nobody had the same answer, so they weren't sure.

panzer
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Posted: 7/20/2008 12:15:14 PM
Military guys also look into this little tidbit.

§ 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:

(1) Peace officers, as such term is defined in paragraph (11) of Code Section 16-1-3, and retired peace officers so long as they remain certified whether employed by the state or a political subdivision of the state or another state or a political subdivision of another state but only if such other state provides a similar privilege for the peace officers of this state;

(2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense;

(3) Persons in the military service of the state or of the United States;

(4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract;

(5) District attorneys, investigators employed by and assigned to a district attorney's office, assistant district attorneys, attorneys employed by the Prosecuting Attorneys' Council of Georgia, and any retired district attorney, assistant district attorney, or district attorneys investigator if such retired employee is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system;

(6) State court solicitors-general; investigators employed by and assigned to a state court solicitor-general's office; assistant state court solicitors-general; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said provision of the Constitution;

(7) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;

(8) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon;

(9) Chief probation officers, probation officers, intensive probation officers, and surveillance officers employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the "State-wide Probation Act," when specifically designated and authorized in writing by the director of Division of Probation;

(10) Public safety directors of municipal corporations;

(11) Explosive ordnance disposal technicians, as such term is defined by Code Section 16-7-80, and persons certified as provided in Code Section 35-8-13 to handle animals trained to detect explosives, while in the performance of their duties;

(12) State and federal trial and appellate judges, full-time and permanent part-time judges of municipal and city courts, and former state trial and appellate judges retired from their respective offices under state retirement;

(13) United States Attorneys and Assistant United States Attorneys;

(14) County medical examiners and coroners and their sworn officers employed by county government; and

(15) Clerks of the superior courts.

(b) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect persons who at the time of their retirement from service with the Department of Corrections were chief probation officers, probation officers, intensive probation officers, or surveillance officers, when specifically designated and authorized in writing by the director of Division of Probation.

(c) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any:

(1) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired deputy sheriff is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47;

(2) Member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation or retired member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees' Retirement System;

(3) Full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that is registered or certified by the Georgia Peace Officer Standards and Training Council; or retired law enforcement chief executive that formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or

(4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that is registered or certified by the Georgia Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired employee is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system.

In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, active or retired law enforcement chief executive, or other law enforcement officer referred to in this subsection shall be authorized to carry a pistol or revolver on or off duty anywhere within the state and the provisions of Code Sections 16-11-126 through 16-11-128 shall not apply to the carrying of such firearms.

(d) A prosecution based upon a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 need not negative any exemptions.

HISTORY: Code 1933, § 26-2907, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1974, p. 481, § 1; Ga. L. 1979, p. 1019, § 1; Ga. L. 1982, p. 3, § 16; Ga. L. 1982, p. 789, § 2; Ga. L. 1984, p. 22, § 16; Ga. L. 1985, p. 283, § 1; Ga. L. 1986, p. 1205, § 2; Ga. L. 1988, p. 472, § 1; Ga. L. 1990, p. 558, § 1; Ga. L. 1991, p. 94, § 16; Ga. L. 1993, p. 604, § 1; Ga. L. 1994, p. 547, § 2; Ga. L. 1996, p. 416, § 6; Ga. L. 1996, p. 748, § 12; Ga. L. 1997, p. 514, § 3; Ga. L. 1998, p. 657, §§ 1-3; Ga. L. 2000, p. 843, §§ 1, 2; Ga. L. 2003, p. 140, § 16; Ga. L. 2006, p. 531, § 1/HB 1044.


** I checked with my Local PD SHift commander/LT and the chief and they researched it and got back to me I was good to go with no permit because of para. (3)
It was determined that does not mean when in uniform or performing military duties. I never see this mentioned, as mostly non military people are on the boards or the blogs or most military people have a permit anyway and don't know. It puts you into the exempt category along with what everyone already knows as exempt, LEO's, retired LEO's Judges etc.. To be 100% I advise you to check your local jurisdiction and get clarification, so if stopped you can refer to a specific named supervisor that gave you the OK. HTH.
connormcmanus
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Posted: 8/28/2008 2:35:10 PM

Originally Posted By birdbarian:

Originally Posted By ArmedChaos:
Just out of curiosity...

I am ASSuming you work at a gun store, or own one.

Is there signage stating no loaded firearms or weapons on the outside?

If there is, what would you do if by chance you happened to see a customer with a firearm concealed? Either by printing or some other method in which the customer was not drawing, nor purposefully displaying the firearm?


I always ASSume they are just kidding when they post those signs. If it is not a prohibited place or event, you are not breaking the law unless you refuse to leave when asked.


If you walk into any building which says "no firearms" or "no loaded firearms or weapons" then you cannot enter that building with a firearm or loaded weapon. That is the law, any one can tell you that you cannot take a weapon into their building and if you do it anyway, they will call the police and you will be arrested. Just the same as if you come to my house with a loaded weapon, whether or not you intend to use it, and I've let it be known that it is not permitted, then I can forcibly remove you or call the police. Now, were you to decide "Oh, look, the gun store has a sign that says 'no loaded firearms or weapons' well, I'll just go ahead and ignore that and go in with the loaded .45 in my back pocket" then 1 of three situations happen, 1: you leave as soon as they notice and tell you to. 2: the police show up and you leave in a patrol car. 3: you leave in the morgue van. :) just a little advice coming from someone in a law enforcement family.
choppahead
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Posted: 9/7/2008 2:25:06 PM

Originally Posted By connormcmanus:

Originally Posted By birdbarian:

Originally Posted By ArmedChaos:
Just out of curiosity...

I am ASSuming you work at a gun store, or own one.

Is there signage stating no loaded firearms or weapons on the outside?

If there is, what would you do if by chance you happened to see a customer with a firearm concealed? Either by printing or some other method in which the customer was not drawing, nor purposefully displaying the firearm?


I always ASSume they are just kidding when they post those signs. If it is not a prohibited place or event, you are not breaking the law unless you refuse to leave when asked.


If you walk into any building which says "no firearms" or "no loaded firearms or weapons" then you cannot enter that building with a firearm or loaded weapon. That is the law, any one can tell you that you cannot take a weapon into their building and if you do it anyway, they will call the police and you will be arrested. Just the same as if you come to my house with a loaded weapon, whether or not you intend to use it, and I've let it be known that it is not permitted, then I can forcibly remove you or call the police. Now, were you to decide "Oh, look, the gun store has a sign that says 'no loaded firearms or weapons' well, I'll just go ahead and ignore that and go in with the loaded .45 in my back pocket" then 1 of three situations happen, 1: you leave as soon as they notice and tell you to. 2: the police show up and you leave in a patrol car. 3: you leave in the morgue van. :) just a little advice coming from someone in a law enforcement family.


Great first post
Thank you 2theleft for the membership. You Rock!!!
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Posted: 9/23/2008 9:59:58 AM
New for 2008!

§ 16-11-129. License to carry pistol or revolver; temporary renewal permit; mandamus


(a) Application for license or renewal license; term. The judge of the probate court of each county may, on application under oath and on payment of a fee of $15.00, issue a license or renewal license valid for a period of five years to any person whose domicile is in that county or who is on active duty with the United States armed forces and who is not a domiciliary of this state but who either resides in that county or on a military reservation located in whole or in part in that county at the time of such application, which license or renewal license shall authorize that person to carry any pistol or revolver in any county of this state notwithstanding any change in that person's county of residence or state of domicile. Applicants shall submit the application for a license or renewal license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license or renewal license. An applicant who is not a United States citizen shall provide sufficient personal identifying data, including without limitation his or her place of birth and United States issued alien or admission number, as the Georgia Bureau of Investigation may prescribe by rule or regulation. An applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section, including citizenship, but shall not require data which is nonpertinent or irrelevant such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within the state at no cost.

(b) Licensing exceptions. No license or renewal license shall be granted to:

(1) Any person who is prohibited from possessing firearms pursuant to 18 U.S.C. Section 922;

(1.1) Any person under 21 years of age;

(2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11-126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated;

(3) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation or any person who has been convicted of a forcible misdemeanor and has not been free of all restraint or supervision in connection therewith for at least five years or any person who has been convicted of a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application;

(4) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his or her application. The probate judge may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether a license to carry a pistol or revolver should be issued. When such a waiver is required by the probate judge, the applicant shall pay to the probate judge a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Human Resources, which the probate judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the license or renewal license;

(5) (A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug.

(B) As used in this paragraph, the term:

(i) "Controlled substance" means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21.

(ii) "Convicted" means a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief.

(iii) "Dangerous drug" means any drug defined as such in Code Section 16-13-71; or

(6) Any person not lawfully present in the United States.

(c) Fingerprinting. Following completion of the application for a license or the renewal of a license, the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county with the completed application. The appropriate local law enforcement agency in each county shall then capture the fingerprints of the applicant for a license or renewal license to carry a pistol or revolver, place the fingerprint required by subsection (f) of this Code section on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court, and place the name of the applicant on the blank license form. The law enforcement agency shall be entitled to a fee of $5.00 from the applicant for its services in connection with the application.

(d) Investigation of applicant; issuance of license; renewal.

(1) For both license applications and requests for license renewals, the judge of the probate court shall within two business days following the receipt of the application or request direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court. Fingerprints shall be in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation. The Georgia Bureau of Investigation may charge such fee as is necessary to cover the cost of the records search.

(2) For both license applications and requests for license renewals, the judge of the probate court shall within two business days following the receipt of the application or request also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigation's National Instant Criminal Background Check System and return an appropriate report to the probate judge.

(3) When a person who is not a United States citizen applies for a license or renewal of a license under this Code section, the judge of the probate court shall direct the law enforcement agency to conduct a search of the records maintained by the United States Bureau of Immigration and Customs Enforcement. As a condition to the issuance of a license or the renewal of a license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y).

(4) The law enforcement agency shall report to the judge of the probate court within 30 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a firearms license, the judge of the probate court shall issue such applicant a license or renewal license to carry any pistol or revolver unless facts establishing ineligibility have been reported or unless the judge determines such applicant has not met all the qualifications, is not of good moral character, or has failed to comply with any of the requirements contained in this Code section. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court.

(e) Revocation, loss, or damage to license. If, at any time during the period for which the license was issued, the judge of the probate court of the county in which the license was issued shall learn or have brought to his or her attention in any manner any reasonable ground to believe the licensee is not eligible to retain the license, the judge may, after notice and hearing, revoke the license of the person upon adjudication of falsification of application, mental incompetency, chronic alcohol or narcotic usage, conviction of any felony or forcible misdemeanor, or for violation of Code Section 16-11-126, 16-11-127, or 16-11-128. It shall be unlawful for any person to possess a license which has been revoked, and any person found in possession of any such revoked license, except in the performance of his or her official duties, shall be guilty of a misdemeanor. It shall be required that any license holder under this Code section have in his or her possession his or her valid license whenever he or she is carrying a pistol or revolver under the authority granted by this Code section, and his or her failure to do so shall be prima-facie evidence of a violation of Code Section 16-11-128. Loss of any license issued in accordance with this Code section or damage to the license in any manner which shall render it illegible shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replacement for and shall take custody of and destroy a damaged license; and in any case in which a license has been lost, he or she shall issue a cancellation order and notify by telephone and in writing each of the law enforcement agencies whose records were checked before issuance of the original license. The judge shall charge the fee specified in subsection (k) of Code Section 15-9-60 for such services.

(f) License specifications. Licenses issued as prescribed in this Code section shall be printed on durable but lightweight card stock, and the completed card shall be laminated in plastic to improve its wearing qualities and to inhibit alterations. Measurements shall be 3 1/4 inches long, and 2 1/4 inches wide. Each shall be serially numbered within the county of issuance and shall bear the full name, residential address, birth date, weight, height, color of eyes, sex, and a clear print of the right index finger of the licensee. If the right index fingerprint cannot be secured for any reason, the print of another finger may be used but such print shall be marked to identify the finger from which the print is taken. The license shall show the date of issuance, the expiration date, and the probate court in which issued and shall be signed by the licensee and bear the signature or facsimile thereof of the judge. The seal of the court shall be placed on the face before the license is laminated. The reverse side of the license shall have imprinted thereon in its entirety Code Section 16-11-127.

(g) Alteration or counterfeiting of license; penalty. A person who deliberately alters or counterfeits such a license card commits a felony and, upon conviction thereof, shall be punished by imprisonment for a period of not less than one nor more than five years.

(h) Licenses for former law enforcement officers. Except as otherwise provided in Code Section 16-11-130, any person who has served as a law enforcement officer for at least ten of the 12 years immediately preceding the retirement of such person as a law enforcement officer shall be entitled to be issued a license as provided for in this Code section without the payment of any of the fees provided for in this Code section. Such person must comply with all the other provisions of this Code section relative to the issuance of such licenses. As used in this subsection, the term "law enforcement officer" means any peace officer who is employed by the United States government or by the State of Georgia or any political subdivision thereof and who is required by the terms of his or her employment, whether by election or appointment, to give his or her full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include conservation rangers.

(i) Temporary renewal licenses.

(1) Any person who holds a license under this Code section to carry a pistol or revolver may, at the time he applies for a renewal of the license, also apply for a temporary renewal license if less than 90 days remain before expiration of the license he then holds or if his previous license has expired within the last 30 days.

(2) Unless the judge of the probate court knows or is made aware of any fact which would make the applicant ineligible for a five-year renewal license, the judge shall at the time of application issue a temporary renewal license to the applicant.

(3) Such a temporary renewal license shall be in the form of a paper receipt indicating the date on which the court received the renewal application and shall show the name, address, sex, age, and race of the applicant and that the temporary renewal license expires 90 days from the date of issue.

(4) During its period of validity the temporary renewal permit, if carried on or about the holder's person together with the holder's previous license, shall be valid in the same manner and for the same purposes as a five-year license.

(5) A $1.00 fee shall be charged by the probate court for issuance of a temporary renewal license.

(6) A temporary renewal license may be revoked in the same manner as a five-year license.

(j) When an eligible applicant who is a United States citizen fails to receive a license, temporary permit, or renewal license within the time period required by this Code section and the application or request has been properly filed, the applicant may bring an action in mandamus or other legal proceeding in order to obtain a license, temporary license, or renewal license, and such applicant shall be entitled to recover his or her costs in such action, including reasonable attorney's fees.

HISTORY: Ga. L. 1910, p. 134, §§ 2, 3; Code 1933, §§ 26-5104, 26-5105; Ga. L. 1960, p. 938, § 1; Code 1933, § 26-2904, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 1430, § 4; Ga. L. 1978, p. 1607, §§ 1, 2; Ga. L. 1981, p. 946, § 1; Ga. L. 1981, p. 1325, § 1; Ga. L. 1983, p. 1431, § 1; Ga. L. 1984, p. 935, § 1; Ga. L. 1984, p. 1388, § 1; Ga. L. 1986, p. 305, § 1; Ga. L. 1986, p. 481, §§ 1, 2; Ga. L. 1990, p. 138, § 1; Ga. L. 1990, p. 2012, § 1; Ga. L. 1992, p. 6, § 16; Ga. L. 1994, p. 351, § 1; Ga. L. 1996, p. 108, §§ 3-5; Ga. L. 1997, p. 514, § 2; Ga. L. 2002, p. 1011, § 2; Ga. L. 2006, p. 264, § 1/HB 1032; Ga. L. 2008, p. 1199, § 6/HB 89.
Nature, when she invented, manufactured, and patented her authors, contrived to make critics out of the chips that were left.
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Posted: 10/9/2008 1:01:18 PM

Originally Posted By daddy_steve:
Can someone explain the definition of the term "similar compartment" in 16-11-126?

This law seems contradictory in that you must keep the weapon and ammo separated but then it turns around and says "Code section shall not forbid" transport of a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle.

Seems to me a lockable security type box or compartment would be OK to carry a loaded rifle in your vehicle but I've been wrong before


16-11-126

(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. 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 in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle; provided, however, that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle.


It is different now.

Check it out:


(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.




DKing
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Posted: 11/11/2008 10:25:33 AM
Nature, when she invented, manufactured, and patented her authors, contrived to make critics out of the chips that were left.
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Posted: 12/13/2008 11:12:19 PM
[Last Edit: 12/13/2008 11:21:00 PM by KrushR]
on georgiapacking.org, they mention the bit about not carrying in bars, but being able to carry in restaurants with bars. Does this still hold true? It came up tonight at dinner (in a restaurant with a bar that we frequent). Crime is on the rise here, and I'm applying for my permit next week.

I did notice that it is punishable to have pretty much anything (alcohol, narcotics, etc.) in your system during the commission of a crime. In the case of a defensive shooting (blade, drawdown, puncture perp), would they immediately administer a BAC test if you had just stepped out of a restaurant with a bar?

ETA: DKing just answered that with the link. I had opened it, but hadn't gotten far enough down the page.

answer: yes, I can carry at Shogun, no I can't drink while packing.
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Posted: 12/14/2008 5:34:30 PM
[Last Edit: 12/14/2008 8:14:21 PM by Cognomen]
Mistaken Post. Deleted. Apologies
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