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Posted: 12/14/2010 6:57:34 PM EDT
So it finally happened to me. I knew at some point it would so here I go. I can finally say: No shit there I was...

Driving on to Hunter Army Airfield in Savannah to get gasoline before driving back to Augusta and I am carrying a pistol and have an M4 buried under a kit bag I take with me when I make trips. Ok first off, I'm in the wrong for attempting to bring an unregistered weapon on a post, I did it because normally my DoD decal and military ID card lets me bypass the random screening. Not in this case so as soon as I get told to move to the screening area I know I'm going to be told to turn around and be denied entry. So that is not what this is about.

During the search of my vehicle I am told by the contract security officer conducting my search that he sees a pistol in my door pocket and I say yes its mine. He continues to ask me if its registered on post and I say "no" (again, not my issue). He then asks if I have a "permit" for it and I say "this is Georgia, we don't require permits for weapons". The CSO then clarifies and asks if I had a license to which I replied "I don't require one, GA law doesn't mandate I have one".. then the supervisor comes over and we repeat this with more fervor as he attempts to tell me with some "authority" that he's right and I'm wrong. he also added that I am violating the law by carrying a "loaded" firearm and that the magazine had to be separated from the weapon. I retorted with "no it doesn't because I'm exempted from the requirement for a non-permitted individual to carry weapon and ammo separate" and he went back and forth with me on that too.

Now we've recently had a post about whether O.C.G.A. § 16-11-130 states military personnel are required to have a GFL and read a 1997 GA Attorney General opinion that active duty military personnel were not required by Georgia law to obtain a GFL under the specific exemptions listed in O.C.G.A. § 16-11-130:

(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;


Now to cover the "loaded" firearm bit (mind you the magazine was in the well, round not in chamber as is my understanding of loaded) O.C.G.A. § 16-11-126 state's this:

(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.


So... there it is.. discuss.

My main issue goes beyond this but to contract security on installations in the US as a whole. However, this was a guy attempting to educate me on Georgia gun laws and having an a quasi debate about it as he debated calling Savannah PD or the Hunter AAF MPs on me.
Link Posted: 12/14/2010 8:20:53 PM EDT
[#1]
cool story bro!

Link Posted: 12/14/2010 9:53:28 PM EDT
[#2]
You were in the right. The guys at stewart are the same way. A bunch of dumbasses. If you think about it, most of them have the knowledge of the average cop, and think carrying a gun loaded is a no no. They don't bother to learn either. Theoretically you are supposed to register it on post, but tons of people don't, and they guys at benning are aware of it. That and everyone there with a gun loves shooting hogs.

It would have made you day better if you went to baldino's for lunch.
Link Posted: 12/15/2010 3:04:57 AM EDT
[#3]
You don't need a license to have a loaded arsenal in your car, as long as you aren't a prohibited person.

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.


The bold is the section.   The remaining part of this section is the NRA's language.    I think the NRA's language weakens our rights.
Link Posted: 12/15/2010 3:32:10 AM EDT
[#4]
so great story...but what happened?

did he call the po-po or the MPs?
Link Posted: 12/15/2010 3:44:49 AM EDT
[#5]
Side question off topic, but I thought carrying in your car on post would get you detained?  At least that is what my 1SG said when I asked.  But I am SCARNG so it might be different in SC?
Link Posted: 12/15/2010 4:14:23 AM EDT
[#6]
Quoted:
You were in the right. The guys at stewart are the same way. A bunch of dumbasses. If you think about it, most of them have the knowledge of the average cop, and think carrying a gun loaded is a no no. They don't bother to learn either. Theoretically you are supposed to register it on post, but tons of people don't, and they guys at benning are aware of it. That and everyone there with a gun loves shooting hogs.

It would have made you day better if you went to baldino's for lunch.


No one I know with Liberty S.O. thinks this. Can't / won't speak for Hinesville PD

Link Posted: 12/15/2010 4:27:47 AM EDT
[#7]
Looks like I will need to print out the GA gun laws and keep them in my car for all the uneducated people out there that try to force their "Respect My Authority..." message on me.  Even my good friend who is a cop didn't know you could carry a loaded gun in your center console or glove box in GA.
Link Posted: 12/15/2010 6:47:05 AM EDT
[#8]
Quoted:
Quoted:
You were in the right. The guys at stewart are the same way. A bunch of dumbasses. If you think about it, most of them have the knowledge of the average cop, and think carrying a gun loaded is a no no. They don't bother to learn either. Theoretically you are supposed to register it on post, but tons of people don't, and they guys at benning are aware of it. That and everyone there with a gun loves shooting hogs.

It would have made you day better if you went to baldino's for lunch.


No one I know with Liberty S.O. thinks this. Can't / won't speak for Hinesville PD



I'm speaking in generalities. I'm not just talking about that area. I'm just saying that as a whole, most cops in the US aren't familiar with common firearm laws, and if they believe something is wrong, even when its right, then they'll argue it to the death. But yes, the Hinesville PD is full of morons.
Link Posted: 12/15/2010 7:55:19 AM EDT
[#9]
Quoted:
so great story...but what happened?

did he call the po-po or the MPs?


No police of any kind were called but it was amazing that when I went to clear my XD none of them had a reaction. I just put the clip back in and drove away. Now I am on a crusade to expose the contracting security business for the waste of American taxpayer dollars it is
Link Posted: 12/15/2010 8:01:23 AM EDT
[#10]
Quoted:
Side question off topic, but I thought carrying in your car on post would get you detained?  At least that is what my 1SG said when I asked.  But I am SCARNG so it might be different in SC?


No they will only deny you entry to post if your are caught at the gate like I was. Plus it would of been a huge waste of resources to detain me over that just for making the same mistake others do. There is no difference in military law from post to post but personally owned firearms policy does vary from installation to installation. Yet in order to detain someone they would of had probable cause like any other law enforcement agency. However, it's important to note the contractors do not have arrest authority. So they must call the PMO.
Link Posted: 12/15/2010 8:20:53 AM EDT
[#11]
His only legit beef would have been carrying on POST ... which you already knew was a no-go.

I'll play the "training issue" card. I am guessing the guy could have cared less (as evidenced by him not caring about you clearing handling your weapon in their presence) but was trying to do what he was told ... keep guns out. I think it hasn't quite caught up with those in authority that a good many concerned citizens (and MIL members) carry firearms daily. Subsequently, most haven't been trained as to how to handle these encounters. They figure IF they run across someone that is carrying a gun they will just "deal with it".

SAD.
Link Posted: 12/15/2010 8:50:33 AM EDT
[#12]
Quoted:
Quoted:
so great story...but what happened?

did he call the po-po or the MPs?


No police of any kind were called but it was amazing that when I went to clear my XD none of them had a reaction. I just put the clip back in and drove away. Now I am on a crusade to expose the contracting security business for the waste of American taxpayer dollars it is




It's a mag damnit!!! mag! Mag! MAG!
Link Posted: 12/15/2010 11:33:42 AM EDT
[#13]
I had overheard in a pawn shop in Griffin the other day a salesman telling a buyer of an lcp that he COULD NOT carry the gun in his pocket without a holster even with a GFL I wish stupid people make me sick !
Link Posted: 12/15/2010 12:03:02 PM EDT
[#14]
Here is the key point - Federal facilities even on state soil are Federal not state facilities. Once you cross the barrier of a Federal facility you are no longer "in Georgia"; therefore, "Georgia" laws do not apply on a Federal military base. Ga firearms laws do not apply inside the perimeter of a Federal military base. That is why it is truly a Federal offense if you break a law inside the perimeter of a military base - speeding for example. Notice that you do not get a ticket from the GA State Patrol on the highways at FSGA, you get a ticket from the MPs or Federally contracted law enforcement unit.

That is why there are signs at FSGA when you enter and leave the Georgia Garrison Training Center (GGTC formerly NGTC) at FSGA - that site is a State National guard Facility licensed from the Federal Government to the Georgia Army National Guard.
Link Posted: 12/15/2010 12:23:59 PM EDT
[#15]
Quoted:
Here is the key point - Federal facilities even on state soil are Federal not state facilities. Once you cross the barrier of a Federal facility you are no longer "in Georgia"; therefore, "Georgia" laws do not apply on a Federal military base. Ga firearms laws do not apply inside the perimeter.


Well the issue wasn't that he was enforcing HAAF policy but that he was attempting to demonstrate knowledge and authority over a law he clearly does not understand. He has every authority to search and detain personnel seeking entry into a military installation bit he does not have the authority to dictate how GA law is interpreted.
Link Posted: 12/15/2010 3:56:15 PM EDT
[#16]
I carry my guns in the perimeter of a Federal military base all the time







Fort Stewart has some good hunting!
Link Posted: 12/15/2010 4:12:56 PM EDT
[#17]
Quoted:
Here is the key point - Federal facilities even on state soil are Federal not state facilities. Once you cross the barrier of a Federal facility you are no longer "in Georgia"; therefore, "Georgia" laws do not apply on a Federal military base. Ga firearms laws do not apply inside the perimeter of a Federal military base. That is why it is truly a Federal offense if you break a law inside the perimeter of a military base - speeding for example. Notice that you do not get a ticket from the GA State Patrol on the highways at FSGA, you get a ticket from the MPs or Federally contracted law enforcement unit.

That is why there are signs at FSGA when you enter and leave the Georgia Garrison Training Center (GGTC formerly NGTC) at FSGA - that site is a State National guard Facility licensed from the Federal Government to the Georgia Army National Guard.


Not exactly true........discuss

http://edocket.access.gpo.gov/cfr_2002/julqtr/pdf/32cfr552.102.pdf

(4) Persons not affiliated with DOD
or this installation must remain on
Georgia State Highways 119 and 144
when carrying or transporting weapons
through the installation and must be
in full compliance with Georgia State
Law governing possession, use and
transportation of said weapons. Travel
off of these highways or stopping, for
other than emergency purposes, while
on the installation, is prohibited.
Link Posted: 12/15/2010 9:33:46 PM EDT
[#18]
A friend of mine had gotten a ride to whatever fort (I think it was Ft. Gillem) is near mooreland avenue, and she needed me to go pick her up.  Now, I have always brought firearms onto Ft. Benning without any issue.  I have always stopped and declared my weapons, and upon hitting the gate and showing my credentials and weapons decleration form, I have always been waved through.

So I show up at the front gate, and tell the security guy that I'm a law enforcement officer and I have a weapon I need to declare.  Wow, the guy about came unglued on me.  I explained that I wished to seperate the ammunition from the gun, pick this chick up, and then leave.  He went even more stupid.  I couldn't believe it when I asked if there was a place I could park to wait for my friend to walk off post to me, and he pointed to the main drive just outside of the gate area.  So, I parked my damn truck in the middle of the road and sat and waited.  And the dumbasses were ok with that!  Oh well.  At least I am still welcome on Ft. Benning with my properly declared weapons.
Link Posted: 12/15/2010 11:17:37 PM EDT
[#19]
I had overheard in a pawn shop in Griffin the other day a salesman telling a buyer of an lcp that he COULD NOT carry the gun in his pocket without a holster even with a GFL


Seriously, is this not true?  I've heard that concealed carry in GA requires a holster, so please correct me if I am wrong.

I wish stupid people make me sick !


Hmmm, must be something missing in the translation.  You were saying something about stupid people??
Link Posted: 12/16/2010 2:09:07 AM EDT
[#20]
Quoted:
I had overheard in a pawn shop in Griffin the other day a salesman telling a buyer of an lcp that he COULD NOT carry the gun in his pocket without a holster even with a GFL


Seriously, is this not true?  I've heard that concealed carry in GA requires a holster, so please correct me if I am wrong.

I wish stupid people make me sick !


Hmmm, must be something missing in the translation.  You were saying something about stupid people??


I believe the holster requirement went away this year with SB308.  Not looking it up right now so I could be wrong.  Personally, I would never carry a pocket pistol without a holster
Link Posted: 12/16/2010 4:42:19 AM EDT
[#21]
I went to the GA state F Class match a benning a few years ago and got stopped for one of those random screenings, lol. I was in the right - but that poor security guy had a time with my truck, lol. My truck was a disaster, lol. It was pretty funny. Coffee cups, cans and fast foods bags were falling out from the drive down...when he was done I said thank for helping clean out my truck...where is your trashcan? He did not think it so funny.
Link Posted: 12/16/2010 7:30:13 PM EDT
[#22]
I believe the holster requirement went away this year with SB308. Not looking it up right now so I could be wrong. Personally, I would never carry a pocket pistol without a holster


Hmmm, me either....nevertheless, a Smith Airweight fits very well in a front pocket!
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