Georgia Handgun laws for 18 year olds

[braveheart483]

I'm 18 years old living in Georgia and I legally had a handgun passed down to me. Now I've become a partner in a small business dealing with quantities of cash on hand. Now being 18 years old I have had several police officers tell me that it is a felony for me to possess a gun in my car, place of business, or even at home! On the contrary I have had several tell me otherwise and I have never had a cop show me where it stated that you had to be 21 to own a handgun in the state of georgia. I know that you have to be 21 to buy from a FFL, but not from a private seller or if your parents buy one for you. Can someone please give me a solid answer?

Can I carry a handgun in my car, place of business, and home, even if I'm 18?

Thanks!

 

[utimmer43]

If you haven't done so already, read the Link Removed

I browsed over it real quick. You MUST be 21 to carry it loaded in your vehicle, and also to get a carry permit. Other than that, most of the other mentions pertaining to age and possession addressed minors under 18 Y/O. You should be fine on private property as long as you remain there. If you must travel, you could not do so with the loaded firearm.

Again, I only glanced over it. You should read it for yourself.

 

[braveheart483]

yes of course, can you point out where you saw that at? because i sat down with an officer and went over the codes and we couldnt find it.

 

[utimmer43]

What part in particular are you looking for?

If you're looking for something that says "an 18 Y/O may possess a handgun on private property", you won't find it. Very rarely do laws permit something (unless it has already been banned in the past). Typically, they prohibit. Meaning, if it doesn't say that you cannot do something, then you may.

I can't read the whole thing tonight anymore, but I probably will be able to over the weekend.

 

[braveheart483]

sorry i meant the part about being 21 to carry it loaded in my car

 

[utimmer43]

OK, here's what I found...

I read the entire ATF publication, and as you stated there is no mention of an age requirement to transport in a vehicle. However, if you look again, the publication is missing Link Removed where subsection (e) states : "(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."

According to Link Removed, that means since you are 18 Y/O and not eligible for a license, you are also not permitted to carry loaded in your vehicle.

The problem I have with this interpretation is that it implies that the wording "This Code section shall not forbid any person..." is an exception to a prohibition elsewhere in the code. But I haven't been able to find any language that suggests that carrying inside your vehicle is in anyway regulated. IOW, it seems like they wrote an exception to a rule that doesn't exist.

Long story short, I would suggest that you try contacting the GA AG for clarification.

 

[ronwill]

Georgia law for handguns and those under 18:

(b) Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it shall be unlawful for any person under the age of 18 years to possess or have under such person's control a pistol or revolver. A person convicted of a first violation of this subsection shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than 12 months, or both. A person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and shall be punished by a fine of $5,000.00 or by imprisonment for a period of three years, or both.


Hope this helps. There is more info at the following:

Link Removed

 

[utimmer43]

Georgia law for handguns and those under 18:...

This would be relevant, except that the OP is 18 years old.:biggrin:

 

[ronwill]

This would be relevant, except that the OP is 18 years old.:biggrin:

You are correct and the question was concerning police officers telling him it was illegal for an 18 year old to possess handguns. I posted the law to show that those officers are incorrect.

 

[braveheart483]

further up on Link Removed it says

(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.

so does this mean if i have the clip loaded in my center console and the glock just sitting in my glove compartment that it's ok for me to carry in my car?

 

[braveheart483]

ronwill its under the same code section but d instead of e at: Link Removed

 

[ronwill]

Braveheart I hope the following will help clarify the sometimes unclear Georgia law:

Carry:

It is unlawful to carry a handgun or concealable firearm, openly or concealed, on or about one's person without a license to carry.

Exceptions: No license is required:

1. To carry a firearm, openly or concealed, in one's home or place of business.

2. To transport a firearm, unloaded, enclosed in a case and separated from ammunition, provided the possessor is not ineligible to obtain a license to carry.

3. To transport a loaded firearm in a private motor vehicle, provided it is carried in an open manner fully exposed to view, or is in the vehicle's glove compartment, console, or similar compartment.

4. To carry a firearm while hunting or fishing or sport shooting, provided the person so carrying has any necessary hunting or fishing license, and has written permission from the owner of the land on which the activity is being conducted, and provided any handgun is carried in an open and fully exposed manner.

Think of it this way, if you hand carry a handgun item 2 applies. If you transport a handgun in a vehicle item 3 applies.

 

[utimmer43]

further up on Link Removed it says

(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.

so does this mean if i have the clip loaded in my center console and the glock just sitting in my glove compartment that it's ok for me to carry in my car?

No. What (d) means is that carrying a cased, unloaded firearm, separate from ammo, while on foot (notice there is no mention of a vehicle) in public (**or perhaps on public transit??) is permissible. HOWEVER, it still specifies that you must not be ineligible for a permit. You are ineligible for a permit, therefore you may not carry under the exceptions described in either paragraph (d) or (e).

 

[ronwill]

No. What (d) means is that carrying a cased, unloaded firearm, separate from ammo, while on foot (notice there is no mention of a vehicle) in public (**or perhaps on public transit??) is permissible. HOWEVER, it still specifies that you must not be ineligible for a permit. You are ineligible for a permit, therefore you may not carry under the exceptions described in either paragraph (d) or (e).

This is what I was trying to get across. At 18 you can have your handgun in the car as stated in:

3. To transport a loaded firearm in a private motor vehicle, provided it is carried in an open manner fully exposed to view, or is in the vehicle's glove compartment, console, or similar compartment.


You can not carry a weapon outside of your car (except from the house to the car and back or while hunting).

 

[utimmer43]

Braveheart I hope the following will help clarify the sometimes unclear Georgia law:

Carry:

It is unlawful to carry a handgun or concealable firearm, openly or concealed, on or about one's person without a license to carry.

Exceptions: No license is required:

1. To carry a firearm, openly or concealed, in one's home or place of business.

2. To transport a firearm, unloaded, enclosed in a case and separated from ammunition, provided the possessor is not ineligible to obtain a license to carry.

3. To transport a loaded firearm in a private motor vehicle, provided it is carried in an open manner fully exposed to view, or is in the vehicle's glove compartment, console, or similar compartment.

4. To carry a firearm while hunting or fishing or sport shooting, provided the person so carrying has any necessary hunting or fishing license, and has written permission from the owner of the land on which the activity is being conducted, and provided any handgun is carried in an open and fully exposed manner.

Think of it this way, if you hand carry a handgun item 2 applies. If you transport a handgun in a vehicle item 3 applies.

I think you are referencing an outdated source. I am looking on Link Removed, and I have not seen the specific paragraph you cite. Furthermore, Link Removed states that:

" Previously the law required that the weapon be carried in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle. This is no longer the case and this statement was taken out of the law effective January 1, 2009."

It also says

"If I am under 21 years of age can I carry a pistol or revolver in my vehicle?

In order to carry a pistol or revolver in a vehicle Georgia law requires that a person not be among those enumerated as ineligible for a license under Code Section 16-11-129. This means that if you do not meet the minimum requirements for a firearms license then you are not allowed to carry a handgun in your vehicle. One of the requirements of a firearms license is that the person be at least 21 years of age. There are some instances when someone under 21 years of age can carry a handgun in a vehicle."

Those exceptions appear to be:

"* A certified peace officer in good standing with P.O.S.T
* A member of the National Guard or of the armed forces of the United States to wit: the Army, Navy, Marine Corps, Air Force, or Coast Guard who, while serving therein, possesses such firearm in the line of duty."

Now, like I said before, I don't particularly agree with that interpretation, but that appears to be the way it IS being interpreted.

 

[drawdy64]

the thing that I have always found is that officers of the law dont always have the right inturprataion of the law go talk to the states attorny or contact the attorney generals office here in GA and get the inturpratation from some one who spent several years in school to know what the law really states

 

[drawdy64]

one more thing ,contact the NRA they have people who can answer you on gun laws

 

[ronwill]

I think you are referencing an outdated source. I am looking on Link Removed, and I have not seen the specific paragraph you cite. Furthermore, Link Removed states that:
It also says

Those exceptions appear to be:


Now, like I said before, I don't particularly agree with that interpretation, but that appears to be the way it IS being interpreted.

The best thing to do is ALWAYS ask a legal adviser but Georgia code allows those 18 and above to own handguns but you must be 21 to get a GFL and carry on your person. Look at the following code (bold mine):

O.C.G.A. § 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.

 

[utimmer43]

outside of his home, motor vehicle, or place of business

Yes, which is why I mentioned before that the way the Dalton Police Blog is interpreting it doesn't make sense. Actually, the language itself doesn't make sense, because to include "(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." implies that if it were not included, it would be prohibited by some other language elsewhere in the code. But since there is nothing else that could be construed as prohibiting it, it seems that (e) is unnecessary.

The best thing to do is ALWAYS ask a legal adviser...

100% agreed. In fact, as I mentioned before, it would be worth a phone call or email to the GA attorney general to seek clarification or bring to his attention that there is confusion over it. At the very least, it might save some poor 18-20 year olds in Dalton alot of headaches.

 

[Ben Bryant]

It's a stupid law that runs contrary to what's expected of young people becoming responsible citizens. They're expected to vote and serve in the military; Why can't they own and possess handguns? I personally would ignore the law cause my personal safety is more important than an asinine law that's not equally applied to peers in the military who are exempted just because they are in the military.