Posted: 3/1/2008 11:47:39 PM EDT
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im visiting my sister in Georgia next week. and i want to take my pistol with me. how may i carry it in my car? i was told openly has anyone had a run in with the cops while doing this? also what statute can i make a copy of to show a leo if a problem arises? can i open carry on my person? |
I do. Have to be 21 to carry a loaded handgun in a vehicle in GA. Lousy law, but then, we're also the last state to exempt pickup drivers from mandatory seat belt use. When my youngest son turned 18, I opted for the scofflaw route. I left a G21 in his glove compartment. Had to weigh the liklihood of his having his vehicle searched (somewhere between infinitesimal and zero) with his being attacked by an uncivilized savage DemocRAT, while on the road. (much higher odds than having vehicle searched.) |
thats retarded ill take my chances i quess i carry with me under the front seat. "sry officer im so used to it being under the seat i forgot about it" |
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§ 16-11-128. Carrying pistol without license (a) A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner. so that is saying it is legal for me to carry at my home,business or motor vehicle without a permit. correct? where does it have to be in open site or in the glovebox? |
Not to hijack, but isn't that the coolest... my 10yo can open carry while he goes fishing.  |
Just put it in the glove compartment or console and don't worry about it. There's also no provision that I know of to inform an officer that you have it. I've never had any problems carying a pistol in my vehicle... 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. |
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You may not carry openly unless you have a valid permit. Even if you have a valid permit only about 1/2 the cops here realize this. As an 18 year old your rights are extremely limited. I believe you can carry in your truck in a open manner fully exposed to view, however this may cause undue concern at a traffic stop. The two big statutes concerning carrying guns both exempt "home, or place of business". The conceal statute only exempts vehicles if you have a valid permit. The open statute exempts vehicles. So having a gun in your vehicle should be accepted by law enforcement. Georgia does not require you to tell the officer who pulls you over you have a gun. |
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The young man from Florida may not carry a gun in his vehicle in any manner. See the highlighted portion of 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." Since he is 18, he is not eligible for a GFL. Therefore, he may not legally carry in his vehicle. |
I believe that you sir, are correct. My bad... 
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What's the title section of 16-11-126? If you look closely you'll see that the provisions of 16-11-126 only concern concealed carry. Which is why I advised he may carry openly and fully exposed to view as required by 16-11-128. You are right that his ability to carry the gun is not granted by 16-11-126, rather by 16-11-128. 16-11-128 Carrying a pistol without a license. (a) A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, |
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If your cool/clean/polite I don't think LEO's care that much. Be a smart mouth and your in trouble..... I got a warning this morning from the State Patrol on the way to work (really nice guy BTW). I had 2 drag bags in the back seat (two long rifles), one rifle with a eagle scope/crown cover. One pistol in the drivers door, one on me concealed and another laid out (unloaded, without a mag) on top of one of the drag bags in the back seat. LEO was cool about it and never even questioned them. I am sure he saw them. (I do have a permit tho...) |
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I believe DKing is entirely correct. No concealed carry (glovebox or center console) for anybody not eligible for a license (which would include anybody under 21). Glovebox or center console carry is an exception to the concealed carry law for those eligible for a license. The original poster is not eligible. This leaves open carry in the vehicle as his only option, which is extremely difficult in Georgia due to the case law which has interpreted it as open and fully exposed to view to "all observers." How do you do that?  At the same time, jmarka is "kind of" correct in that, no matter what the technical answer is, I have never heard of a police officer in Georgia arresting somebody for a firearm in the glovebox based on the person being under 21. By and large, cops here do not necessarily do thing like that. With that having been said, I am not comfortable advising somebody to do something that could get them locked up on a "weapons charge." It does happen. I do not know of one regarding a glovebox, but I know of a concealed carry charge for a pistol in a belt holster while driving (no firearms license). Be careful out there. 
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Read the code again. The "plain view" exception is not distinguished from the "glove box and console" exceptions. In order for a person to carry a loaded firearm in a motor vehicle, that person must be qualified to receive a firearms license, even though that license isn't required for carrying in plain view or in the glove box or console. In GA, one needs to be 21, in order to qualify for a firearms license. I don't suggest that the OP not keep a loaded handgun in his vehicle while in GA. As I said, I opted to arm my then 18-yr-old, weighing the liklihood of his having his vehicle searched vs. his needing to protect himself. He should just be aware that he'll be behaving contrary to the law, if he makes the decision to carry anywhere in his vehicle, in plain view or not.
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THIS CODE SECTION, Reganstein, THIS CODE SECTION. That means it only applies to "concealed carry" not open. Let's play with it this way. What statute can we charge him with violating? 16-11-126 Carrying a concealed weapon. Nope, because the weapon is open and fully exposed to view. Therefore he cannot be charged under this statute. 16-11-127 Public gathering. With any luck his car will not be called a public gathering so no conviction there. 16-11-127.1 Schools. He didn't say he was going to be going to schools so no problem there. 16-11-127.2 Nuclear facilities. See above 16-11-128 Carrying a pistol with out a license. hummm pistol, no license we may have a winner. But wait the first line says "outside of motor vehicle" so he cannot be convicted under 16-11-128 either. So which statute of those above has he violated and how? |