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Posted: 2/24/2015 12:14:05 PM EDT
[Last Edit: NFAlawyers]
[#1]
Of course not unless it is loaded.
Subaection (c) goes on to state, "Any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun provided that it is enclosed in a case and unloaded." You get into the issue of, it's legal, but is it a good idea. |
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Posted: 2/24/2015 12:14:46 PM EDT
[Last Edit: NFAlawyers]
[#2]
Of course not unless it is loaded.
Subaection (c) goes on to state, "Any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun provided that it is enclosed in a case and unloaded." You get into the issue of, it's legal, but is it a good idea. |
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Posted: 2/24/2015 2:46:58 PM EDT
[Last Edit: makeitflyfast]
[#3]
Quote HistoryOriginally Posted By NFAlawyers:
Of course not unless it is loaded. Subaection (c) goes on to state, "Any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun provided that it is enclosed in a case and unloaded." You get into the issue of, it's legal, but is it a good idea. Quote HistoryOriginally Posted By NFAlawyers:
Of course not unless it is loaded. Subaection (c) goes on to state, "Any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun provided that it is enclosed in a case and unloaded." You get into the issue of, it's legal, but is it a good idea. Originally Posted By dakellyburke:
......Snip..... You leave your home. You go to Atlanta and decide to stay at the swanky Hotel B in Buckhead. Can you legally carry your firearm into your room? so, after all that being said transporting a pistol inside of a hotel room and through the parking lot it should be in a be case that's lock correct? |
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Posted: 2/24/2015 3:29:24 PM EDT
[Last Edit: NFAlawyers]
[#4]
I never said it wasn't lawful. I said I didn't recommend it because it's generally unlawful.
I recommend you not transport into a hotel. Many hotels have stipulations in their agreement that you will not have a firearm in the room or hotel. In that case it would be unlawful to carry into your hotel room and likely unlawful anywhere else in the hotel. Locked, unloaded, in a case, or otherwise. You can play semantics all day but I'm not going to stray from my recommendation. You asked me to provide legal advice. I'm not on here to tell people how to run the gray area. I'm on here to tell people how to not get arrested. There is a difference between breaking the law and skirting the law just enough that an officer arrests you because you look like you're up to no good. |
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Posted: 2/24/2015 6:01:51 PM EDT
[#5]
Quote HistoryOriginally Posted By NFAlawyers:
I never said it wasn't lawful. I said I didn't recommend it because it's generally unlawful. I recommend you not transport into a hotel. Many hotels have stipulations in their agreement that you will not have a firearm in the room or hotel. In that case it would be unlawful to carry into your hotel room and likely unlawful anywhere else in the hotel. Locked, unloaded, in a case, or otherwise. . Wait...what? How is breaking a hotel stipulation equal to breaking the law? They can have all the signs they want, but that doesn't mean that any of them are lawful. You can't be arrested for breaking company policy unless that policy has a law behind it. Hotels doubt make laws. The legislation does... |
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Posted: 2/24/2015 7:26:05 PM EDT
[Last Edit: NFAlawyers]
[#6]
O.C.G.A. 16-11-127 (c) A license holder or person recognized under subsection (e) of Code Section 16-11-126 shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) or prohibited by subsection (e) of this Code section; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to exclude or eject a person who is in possession of a weapon or long gun on their private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135. A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages.
(d) Subsection (b) of this Code section shall not apply: (1) To the use of weapons or long guns as exhibits in a legal proceeding, provided such weapons or long guns are secured and handled as directed by the personnel providing courtroom security or the judge hearing the case; (2) To a license holder who approaches security or management personnel upon arrival at a location described in subsection (b) of this Code section and notifies such security or management personnel of the presence of the weapon or long gun and explicitly follows the security or management personnel's direction for removing, securing, storing, or temporarily surrendering such weapon or long gun; and (3) To a weapon or long gun possessed by a license holder which is under the possessor's control in a motor vehicle or is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle and such vehicle is parked in a parking facility. O.C.G.A. 16-7-21(b) (b) A person commits the offense of criminal trespass when he or she knowingly and without authority: (1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose; (2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or (3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart. In other words, if you were given notice that your firearms aren't allowed on the premises and you do not dispose of them you are committing criminal trespass. This is why I made the earlier posts making the recommendation to refrain from carrying into hotels. The details can get you. |
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Posted: 2/24/2015 7:41:20 PM EDT
[#7]
From what officers have posted here in the past, signs aren't a legal notification. From what they've posted, once a person tells you verbally you can't be there, however, then you have to leave or you can be charged with trespassing. Just trying to get clarification of what you're stating, and what I think I'm reading from the quoted legal stuff.
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Posted: 2/24/2015 7:49:44 PM EDT
[#8]
Quote HistoryOriginally Posted By NFAlawyers:
O.C.G.A. 16-11-127 (c) A license holder or person recognized under subsection (e) of Code Section 16-11-126 shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) or prohibited by subsection (e) of this Code section; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to exclude or eject a person who is in possession of a weapon or long gun on their private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135. A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages. (d) Subsection (b) of this Code section shall not apply: (1) To the use of weapons or long guns as exhibits in a legal proceeding, provided such weapons or long guns are secured and handled as directed by the personnel providing courtroom security or the judge hearing the case; (2) To a license holder who approaches security or management personnel upon arrival at a location described in subsection (b) of this Code section and notifies such security or management personnel of the presence of the weapon or long gun and explicitly follows the security or management personnel's direction for removing, securing, storing, or temporarily surrendering such weapon or long gun; and (3) To a weapon or long gun possessed by a license holder which is under the possessor's control in a motor vehicle or is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle and such vehicle is parked in a parking facility. O.C.G.A. 16-7-21(b) (b) A person commits the offense of criminal trespass when he or she knowingly and without authority: (1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose; (2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or (3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart. In other words, if you were given notice that your firearms aren't allowed on the premises and you do not dispose of them you are committing criminal trespass. This is why I made the earlier posts making the recommendation to refrain from carrying into hotels. The details can get you. To me that says they can " exclude or eject" a person. Then it goes on to says that it does NOT create or give rise for CIVIL action. Sounds to be like that is protecting us from civil action and giving an out for the owner to kick you out based on the fact you violated the contract. I'm still not seeing anything saying you will be criminally liable based of their policy... |
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Posted: 2/24/2015 7:52:23 PM EDT
[#9]
If you remain on the premises with a firearm after you are given "notice" that firearms are not allowed on the premises you are criminally trespassing. Notice can be actual, constructive or implied. Actual meaning you were told, there was a sign, or you singed an agreement stating the same. Constructive meaning you knew or should have known. Implied meaning the facts would have caused a reasonable person to know.
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Posted: 2/24/2015 7:53:41 PM EDT
[Last Edit: NFAlawyers]
[#10]
It quotes Code Section 16-7-21.
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Posted: 2/25/2015 12:55:20 AM EDT
[#11]
Quote HistoryOriginally Posted By cybermech: From what officers have posted here in the past, signs aren't a legal notification. From what they've posted, once a person tells you verbally you can't be there, however, then you have to leave or you can be charged with trespassing. Just trying to get clarification of what you're stating, and what I think I'm reading from the quoted legal stuff.  |
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Posted: 3/23/2015 1:48:52 AM EDT
[#12]
Quote HistoryOriginally Posted By NFAlawyers: If you remain on the premises with a firearm after you are given "notice" that firearms are not allowed on the premises you are criminally trespassing. Notice can be actual, constructive or implied. Actual meaning you were told, there was a sign, or you singed an agreement stating the same. Constructive meaning you knew or should have known. Implied meaning the facts would have caused a reasonable person to know. |
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Posted: 5/18/2015 3:58:52 PM EDT
[#13]
GA native, living in SC, moving back to GA (Cobb) in two weeks.
May be a dumb question, but here it goes: What's transfer law in GA. Didn't see anything in this thread. Things are so loose in SC, I just want to make sure I understand if individual to individual transfers are legal, or if all transfers must go through an FFL. Thanks. |
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Posted: 5/18/2015 6:04:35 PM EDT
[#14]
Quote HistoryOriginally Posted By Xeusao:
GA native, living in SC, moving back to GA (Cobb) in two weeks. May be a dumb question, but here it goes: What's transfer law in GA. Didn't see anything in this thread. Things are so loose in SC, I just want to make sure I understand if individual to individual transfers are legal, or if all transfers must go through an FFL. Thanks. From my understanding, wIthin GA, between GA residents, you can buy/sell from an individual without an FFL. If a non-GA resident is involved or there is a transfer across state lines, an FFL has to be involved (on the receiving end). |
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Posted: 5/19/2015 7:51:52 AM EDT
[Last Edit: Xeusao]
[#15]
Perfect, thanks. Same as SC for in-state, person to person - just wanted to make sure.
Regardless, I still use a BoS. Some disagree with BoSs, but it's just my way. No two strangers ever really know who's on the other end of a transfer. Interstate transfers, as I know it, always require FFL. Federal Law. |
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Posted: 5/19/2015 4:16:49 PM EDT
[#16]
Is there an official definition of a church or place of worship in regards to carry? For example, what about a wedding taking place in a rented private venue that has a "chapel" building?
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GA, USA
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Posted: 6/28/2015 8:30:53 PM EDT
[#17]
I own NFA/Class 3 items in GA. Who can ask to see my stamp paperwork while I am in possession of these items, and do I have to show them?
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Posted: 6/30/2015 11:46:21 AM EDT
[#18]
Bump
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Posted: 6/30/2015 11:54:56 AM EDT
[#19]
Why the untack?
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Posted: 6/30/2015 11:57:53 AM EDT
[#20]
Oops.
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Posted: 6/30/2015 12:01:15 PM EDT
[#21]
 Imma keep my eye on you! |
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GA, USA
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Posted: 6/30/2015 10:24:18 PM EDT
[#22]
Hello? Anyone?
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Posted: 7/1/2015 12:13:19 AM EDT
[#23]
Quote HistoryOriginally Posted By GTRider245: Hello? Anyone? Anyone what? |
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GA, USA
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Posted: 7/1/2015 6:23:52 PM EDT
[#24]
Quote HistoryOriginally Posted By GTRider245:
I own NFA/Class 3 items in GA. Who can ask to see my stamp paperwork while I am in possession of these items, and do I have to show them? Read above... |
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GA, USA
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Posted: 7/4/2015 10:34:39 PM EDT
[Last Edit: 00Dan]
[#25]
Edit: Double tap. Just see my post on the next page.
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GA, USA
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Posted: 7/4/2015 10:35:20 PM EDT
[#26]
Hey everyone. I have a question about vehicle carry.
It is my understanding that I can carry in my car without a GWCL. It is also my understanding that I can carry in another person's vehicle without a GWCL provided I am otherwise eligible for a GWCL. Enter my situation: I have a vehicle which is not "mine" per say, the registration is in my mother's name, but I am the primary driver. I am not eligible for a GWCL due to being underage. Can I legally carry in this vehicle or do I fail to trigger the exemptions? |
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Posted: 7/5/2015 7:24:05 AM EDT
[#27]
Quote HistoryOriginally Posted By 00Dan:
Hey everyone. I have a question about vehicle carry. It is my understanding that I can carry in my car without a GWCL. It is also my understanding that I can carry in another person's vehicle without a GWCL provided I am otherwise eligible for a GWCL. Enter my situation: I have a vehicle which is not "mine" per say, the registration is in my mother's name, but I am the primary driver. I am not eligible for a GWCL due to being underage. Can I legally carry in this vehicle or do I fail to trigger the exemptions? ...I'm not a legal beagle, and I'm sure one of our lawyer friends will answer with the correct answer, but i *THINK* the key here is 'eligible' ...If you are not 21, and therefore not legally allowed to buy a pistol (I assume this is what you mean to carry) the ownership of the vehicle doesn't matter since you cannot legally possess the weapon anyway (except under certain other conditions such as hunting, training, etc.).... ...If I were you, to not run afoul of the PoPo, I'd not carry until someone who KNOWS answers the question....You don't want to catch a felony charge that would prevent you from EVER getting a CCW... |
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Posted: 7/6/2015 10:23:29 AM EDT
[#28]
An individual who is between 18 and 21 can have and buy a pistol, just not from an ffl. I bought my first pistol at 18 through private sales.
Same deal with a suppressor, sbr, etc. You can get one on a f4 from an individual or f1 them, but you can't buy one from the store until you are 21. |
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Posted: 7/6/2015 11:43:16 AM EDT
[#29]
Quote HistoryOriginally Posted By KavonTN:
An individual who is between 18 and 21 can have and buy a pistol, just not from an ffl. I bought my first pistol at 18 through private sales. Same deal with a suppressor, sbr, etc. You can get one on a f4 from an individual or f1 them, but you can't buy one from the store until you are 21. ...Ooops...There I go putting my foot in my mouth again.....Got the 'possess' and 'purchase' ages muddy....With that, I will quietly back away from the keyboard and let those that know better answer... 
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GA, USA
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Posted: 7/14/2015 8:26:32 PM EDT
[#30]
Quote HistoryOriginally Posted By 00Dan:
Hey everyone. I have a question about vehicle carry. It is my understanding that I can carry in my car without a GWCL. It is also my understanding that I can carry in another person's vehicle without a GWCL provided I am otherwise eligible for a GWCL. Enter my situation: I have a vehicle which is not "mine" per say, the registration is in my mother's name, but I am the primary driver. I am not eligible for a GWCL due to being underage. Can I legally carry in this vehicle or do I fail to trigger the exemptions? Giving this a bump, still looking for an answer or at least an idea of where to start looking for one. |
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GA, USA
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Posted: 8/21/2015 12:05:34 PM EDT
[#31]
Quote HistoryGiving this a bump, still looking for an answer or at least an idea of where to start looking for one. 00Dan, I am not a lawyer. I do follow what is happening with Ga firearms laws every legislative session. It's up in the air as to your legal carry in a car you do not specifically own as someone who is under the age of 21 and ineligible for a GWCL. There are several lawyers that have commented on this issue, and think you are prohibited from carry in a vehicle that is not owned by you. You are most definitely prohibited from carrying a holstered gun in another person's vehicle per part (d) of 16-11-126 since you are ineligible for a GWCL because of age. You can transport a handgun in another person's vehicle enclosed in a case and unloaded per part (c). |
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GA, USA
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Posted: 8/21/2015 12:06:19 PM EDT
[#32]
You need to read the most current version of 16-11-126 which is only available on LexisNexis http://www.lexisnexis.com/hottopics/gacode/Default.asp
O.C.G.A. § 16-11-126 (2015)
§ 16-11-126. Having or carrying handguns, long guns, or other weapons; license requirement; exceptions for homes, motor vehicles, private property, and other locations and conditions (a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license. (b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun without a valid weapons carry license, provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner. (c) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun provided that it is enclosed in a case and unloaded. (d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to exclude or eject a person who is in possession of a weapon or long gun on their private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135. |
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CT, USA
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Posted: 12/24/2015 10:27:17 PM EDT
[#33]
If I have military pcs orders to ga, but live in Florida, can I purchase a silencer in ga? I bought one in sc and my orders were my residency. Can't find the info online
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Posted: 5/24/2016 12:15:37 PM EDT
[#34]
A non-resident (guy from VA) traveling to GA for a week long stay.
How must a handgun be carried in his vehicle. Obviously he is not eligible for a GWL and VA and GA do not reciprocate. Loaded? unloaded? Case or not? I tried looking and I I could find was for residents or for individuals from states with reciprocity. Thanks in advance. |
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Posted: 5/25/2016 3:00:17 PM EDT
[Last Edit: Bob_L]
[#35]
I'm not a lawyer, but over on handgunlaw.us, it says this about GA:
RV/Car Carry Without a Permit/License § 16-11-126. Having or carrying handguns, long guns, or other weapons; license requirement; exceptions for homes, motor vehicles, private property, and other locations and conditions (a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license. (b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun without a valid weapons carry license, provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner. (c) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun provided that it is enclosed in a case and unloaded. (d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property, except as provided in Code Section 16-11-135. Note: No Permit License Is needed to carry the firearm inside your Motor Vehicle either openly or concealed. Note: The GA Court of Appeals ruled in (Hubbard v. State, 210 Ga. App. 141, 143-44 1993) that if you do not have a permit/license honored in GA you can only carry a firearm in “Your Own Vehicle.” This means you can carry in “Your Own Vehicle” without a permit/license but if you are riding in a vehicle that is not yours you must have permission of the person who has legal control of the vehicle. Hope that helps, -bob |
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FL, USA
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Posted: 11/15/2016 4:20:20 PM EDT
[#36]
It looks like I'll be visiting family in Blairsville (Union County) over the holiday. I see that general gun deer season is in. Can anyone tell me what the regulations are for hunting/shooting on private property? I called the Union County Sheriff's Office and a woman told me it was either 500 ft or 50 yards from the road but couldn't confirm. I would like a little more clarification please.
Thanks |
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GA, USA
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Posted: 11/15/2016 11:38:27 PM EDT
[#37]
Quote HistoryOriginally Posted By steelcityfishanddive:
It looks like I'll be visiting family in Blairsville (Union County) over the holiday. I see that general gun deer season is in. Can anyone tell me what the regulations are for hunting/shooting on private property? I called the Union County Sheriff's Office and a woman told me it was either 500 ft or 50 yards from the road but couldn't confirm. I would like a little more clarification please. Thanks http://www.georgiawildlife.com/hunting/regulations |
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Posted: 11/27/2016 11:49:30 AM EDT
[Last Edit: j3_]
[#38]
out for the name change
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Posted: 12/1/2016 3:44:45 PM EDT
[#39]
Had a thought the other day. If the infinite energy center is leased from gwinnett, and owned by the county. How can they restrict firearms like they do?
Technically the building is owned by Gwinnett and as a government building they can't restrict firearms unless they provide lockers. |
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Posted: 1/16/2017 11:03:32 PM EDT
[#40]
I hope this thread is still active, I have a question.
the 14 inch pistol grip only mossbergs with a shockwave grip have an overall length of 26.5 inches, supposedly making them a non-nfa item and not subject to federal approval. lots of info here at Arfcom and on Youtube. Shockwave has copies of BATF letters stating their legality and why. But I have been unable to find if they are legal in Ga. I would hate to be okay on the national level and run afoul of local law enforcement thanks scruff |
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GA, USA
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Posted: 1/31/2017 1:32:07 PM EDT
[#41]
Quote HistoryOriginally Posted By j3_:
What I can not figure out is if a 16" barreled AR is not a long gun or handgun where can you posses it and how do you transport it? "§ 16-11-125.1. Definitions As used in this part, the term: (1) "Handgun" means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an explosive where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term "handgun" shall not include a gun which discharges a single shot of .46 centimeters or less in diameter. (2) "Knife" means a cutting instrument designed for the purpose of offense and defense consisting of a blade that is greater than five inches in length which is fastened to a handle. (3) "License holder" means a person who holds a valid weapons carry license. (4) "Long gun" means a firearm with a barrel length of at least 18 inches and overall length of at least 26 inches designed or made and intended to be fired from the shoulder and designed or made to use the energy of the explosive in a fixed: (A) Shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger or from which any shot, bullet, or other missile can be discharged; or (B) Metallic cartridge to fire only a single projectile through a rifle bore for each single pull of the trigger; provided, however, that the term "long gun" shall not include a gun which discharges a single shot of .46 centimeters or less in diameter. (5) "Weapon" means a knife or handgun. (6) "Weapons carry license" or "license" means a license issued pursuant to Code Section 16-11-129." |
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GA, USA
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Posted: 1/31/2017 1:37:52 PM EDT
[#42]
Quote HistoryOriginally Posted By KavonTN:
Had a thought the other day. If the infinite energy center is leased from gwinnett, and owned by the county. How can they restrict firearms like they do? Technically the building is owned by Gwinnett and as a government building they can't restrict firearms unless they provide lockers. The text of the statute (OCGA 16-11-127) seems clear enough, but a Fulton County judge ruled in September that the Altanta Botanical Gardens was private property because of the lease. The decision did not really address the language of 16-11-127 at all. There was no analysis but just a finding that the lease made it private property. GCO filed a notice of appeal, but there is no briefing schedule yet. Accordingly, this question is unanswered, but no doubt the Infinite Energy Center and others leasing public property have been encouraged to ban guns by the outcome of the Altanta Botanical Gardens case at the trial court. P.S. This is the second time on appeal. The first time the judge ruled that no relief was available because the case involved a criminal code section. The Georgia Supreme Court reversed that decision and remanded for a hearing on the merits. On remand, the judge granted the defendants' motion for summary judgment. |
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GA, USA
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Posted: 1/31/2017 1:39:39 PM EDT
[#43]
Quote HistoryOriginally Posted By olscruffy:
I hope this thread is still active, I have a question. the 14 inch pistol grip only mossbergs with a shockwave grip have an overall length of 26.5 inches, supposedly making them a non-nfa item and not subject to federal approval. lots of info here at Arfcom and on Youtube. Shockwave has copies of BATF letters stating their legality and why. But I have been unable to find if they are legal in Ga. I would hate to be okay on the national level and run afoul of local law enforcement thanks scruff |
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Posted: 1/31/2017 10:16:50 PM EDT
[#44]
Quote HistoryOriginally Posted By Malum-Prohibitum:
This weapon would appear to violate Georgia law. See subsection (5) at the following link: http://www.georgiapacking.org/GaCode/?title=16&chapter=11§ion=121 Quote HistoryOriginally Posted By Malum-Prohibitum:
Originally Posted By olscruffy:
I hope this thread is still active, I have a question. the 14 inch pistol grip only mossbergs with a shockwave grip have an overall length of 26.5 inches, supposedly making them a non-nfa item and not subject to federal approval. lots of info here at Arfcom and on Youtube. Shockwave has copies of BATF letters stating their legality and why. But I have been unable to find if they are legal in Ga. I would hate to be okay on the national level and run afoul of local law enforcement thanks scruff thanks for the input MP. since I wrote this question for you Mossberg has brought out the identical unit for sale across the counter, a 14 inch 12 gauge with a shockwave grip, selling as a non-nfa item. Buds has them for about 400 bucks and I was waffling on ordering one. I gonna pass on this item. maybe I`ll just put the shockwave grip on an 18 inch mossberg and call it good. its not worth the potential trouble for a difference of 4 inches of barrel, is it? thanks again MP you sound like a no BS kinda guy. scruff |
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GA, USA
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Posted: 2/1/2017 1:28:46 PM EDT
[#45]
Yeah, I hated to give that answer, but since the subsection I linked uses the word "or" it would appear to be illegal under state law, even if no transfer tax was needed pursuant to federal law. Note that even the tax stamp is an affirmative defense, so be careful with NFA weapons and law enforcement. The tax stamp in this case (assuming you do not fit any of the other exceptions) would appear to be your only defense, as it is a defense to have registered such an item pursuant to the NFA. That sort of defeats the purpose of buying such a gun.
If you can get your state representative to push a bill changing the word "or" in that subsection to "and," then this would be perfectly legal under state law to purchase. You can sell it as simply bringing state law in line with federal law, which is the intent of that statute, anyway. |
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GA, USA
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Posted: 3/17/2017 10:54:43 AM EDT
[Last Edit: v137a]
[#46]
So, regarding the Shockwave, from the link above, in O.C.G.A. § 16-11-121, sub-section 5's definition of "sawed-off shotgun" appears to be reliant on sub-section 6's definition of "shotgun":
(5) "Sawed-off shotgun" means a shotgun or any weapon made from a shotgun whether by alteration, modification, or otherwise having one or more barrels less than 18 inches in length or if such weapon as modified has an overall length of less than 26 inches. Sub-section 6 appears to define a shotgun as, among other things, "intended to be fired from the shoulder". (6) "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder; and designed or redesigned, and made or remade, to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger. Am I reading this correctly? If the Shockwave was never intended to be fired from the shoulder, is it a shotgun? If it's not a shotgun, then can it be a sawed-off shotgun? |
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Posted: 3/20/2017 5:21:37 AM EDT
[#47]
Quote HistoryOriginally Posted By v137a:
So, regarding the Shockwave, from the link above, in O.C.G.A. § 16-11-121, sub-section 5's definition of "sawed-off shotgun" appears to be reliant on sub-section 6's definition of "shotgun": (5) "Sawed-off shotgun" means a shotgun or any weapon made from a shotgun whether by alteration, modification, or otherwise having one or more barrels less than 18 inches in length or if such weapon as modified has an overall length of less than 26 inches. Sub-section 6 appears to define a shotgun as, among other things, "intended to be fired from the shoulder". (6) "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder; and designed or redesigned, and made or remade, to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger. Am I reading this correctly? If the Shockwave was never intended to be fired from the shoulder, is it a shotgun? If it's not a shotgun, then can it be a sawed-off shotgun? |
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GA, USA
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Posted: 4/1/2017 10:10:33 AM EDT
[#48]
Quote HistoryOriginally Posted By v137a:
So, regarding the Shockwave, from the link above, in O.C.G.A. § 16-11-121, sub-section 5's definition of "sawed-off shotgun" appears to be reliant on sub-section 6's definition of "shotgun": (5) "Sawed-off shotgun" means a shotgun or any weapon made from a shotgun whether by alteration, modification, or otherwise having one or more barrels less than 18 inches in length or if such weapon as modified has an overall length of less than 26 inches. Sub-section 6 appears to define a shotgun as, among other things, "intended to be fired from the shoulder". (6) "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder; and designed or redesigned, and made or remade, to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger. Am I reading this correctly? If the Shockwave was never intended to be fired from the shoulder, is it a shotgun? If it's not a shotgun, then can it be a sawed-off shotgun? The 590 Shockwave is legal in GA. It's already being sold here. For one, Bullseye Indoor Range in Lawrenceville sells them at the store and on Gunbroker. |
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GA, USA
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Posted: 6/22/2017 3:14:11 PM EDT
[#49]
No questions about the new laws passed this year, HB 280, HB 292, and HB 406?
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GA, USA
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Posted: 8/20/2017 3:44:18 PM EDT
[#50]
Quote HistoryOriginally Posted By Malum-Prohibitum:
No questions about the new laws passed this year, HB 280, HB 292, and HB 406? |
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