questions on "O.C.G.A. § 16-11-130"

[marionandjohn]

As I am sure most of you know this section is for Exemptions from Code Sections 16-11-126 through 16-11-128
which cover everything from conceal carrying with out a license to carrying to carrying at a public gathering, im not going to list all of them, My question is about paragraph (4) inpaticular and the way i have read 16-11-130 is that if you are serving in the military (for the state or US) then you are exempt from the requirement to have a GFL or the restrictions on where you can carry this. I do have my GFL, weather or not i need it. If it is the way I read it then basically I am allowed to carry anywhere any LEO is allowed to carry for the most part. Again as of now I only carry where it is legal to carry with a GFL issued under 16-11-129 and I am just wandering for myself if this law opens more areas to carry in GA? thanks for everyones help and so far I love this state (been here about 10 months.

 

[james223]

It prob. only applies when uniform and on official business. Fowever it does not go into detail . Try Georgiacarry.org may be the Att. Gen. for GA. has issued a written open.

 

[RugerP345]

I think we've beat this dead horse before.
The GA statute applies to active duty military under orders to carry a weapon in the line of duty, such as an MP, officer, or other soldier going about army business. This was made really clear when I was stationed at Ft. Benning. Of course, if you are willing to be a test case, let us know how it works out for you.

It's really a moot concept. If your on duty, you can carry a pistol, rifle, machine gun, hand grenade, or claymore regardless of GA state law!



.

 

[marionandjohn]

I am not sure when you were at FT. Benning but from my understanding the law did change a few years ago to what it is today. The law is very clear that as long as you are employed by the US military or the state military then you are exempt from 126-128. I have questioned some of the local law enforcement and they have agreed. There is also AG opinion on this which just confirms what the law says. Military are exempt. No where in 130 does it mention "in the line of duty" and the greatest part about it is that it is very clear (unlike some other laws) and laws are not how you "think they meant for them to be" but instead how they ARE. again for military in GA I still encourage to get your permit so that you dont have that argument with a young gun cop at dark 30 (much less hassel). I did not start this thread on what the law means I started it to ask why GA and even a few other states have decided to expemt military? I personally enjoy the fact that they exempt us but still follow the law of the carry permit. But I have met a few people in my career that were unsafe with an m16 during their annual training and I do not agree that they should be able to carry, but on the same note who cant get a carry permit in GA?

 

[ronwill]

I think we've beat this dead horse before.
The GA statute applies to active duty military under orders to carry a weapon in the line of duty, such as an MP, officer, or other soldier going about army business. This was made really clear when I was stationed at Ft. Benning. Of course, if you are willing to be a test case, let us know how it works out for you.

It's really a moot concept. If your on duty, you can carry a pistol, rifle, machine gun, hand grenade, or claymore regardless of GA state law!



.

I have contacted officials on this before and it applies to anyone on active duty, on or off duty, not just those under orders or in uniform. All you need do is present your active duty identification. It does not exempt you from NICS checks during purchase of firearms and you still must be a resident of Georgia or stationed in Georgia to purchase hand guns.

 

[james223]

One must go by what the law states. Not what one thinks the law means. Example a police/sheriff dept. in GA. m Must have a permit to run radar. Issud by the Public Service comm. You would think this applies to a depart. However a case was made against a ind. playing with a radar gun . I guess it was used for a sporting purpose(baseball).

 

[marionandjohn]

AG opinion "U97-13" issued in 97 after the law was changed to current status clearly explains exactly what the law says. The only thing this helps with is I dont have to worry about if its a public gathering or not (i am exempt) however I find it much easier to just follow the laws as set fourth instead of trying to explain the law to a cop. This is the main reason I am getting my TN permit also so while in TN I dont have to explain that the GA permit is good. Less hassel = easier life. but that is kinda dumb about the radar thing.