Quick Confirmation on CC in Georgia

[kelcarry]

In about 2 weeks I'm travelling from SC, thru GA to FL. I have an SC CCWP. From the forum maps, I understand that CC in FL is OK but not GA. Just a confirmation--travelling thru GA, I can still have loaded firearm in car as long as it is locked up in say the glove compartment or the trunk--am I correct?

 

[marionandjohn]

In about 2 weeks I'm travelling from SC, thru GA to FL. I have an SC CCWP. From the forum maps, I understand that CC in FL is OK but not GA. Just a confirmation--travelling thru GA, I can still have loaded firearm in car as long as it is locked up in say the glove compartment or the trunk--am I correct?

From my understanding of the law and IANAL, but you are correct except it doesnt have to be "locked" it just has to be in a compartent like the glove compartment ie.. one that latches. there was a case law or AG opinion (cant remember which) that said the door panel was not a "like compartment" because it had no latch or cover. I personally would recommend the center console if it latches that way if you get pulled over and have to get your registration and insurance it is your choice to inform or not (i always inform) but you have a choice.

 

[mrjam2jab]

From my understanding of the law and IANAL, but you are correct except it doesnt have to be "locked" it just has to be in a compartent like the glove compartment ie.. one that latches. there was a case law or AG opinion (cant remember which) that said the door panel was not a "like compartment" because it had no latch or cover. I personally would recommend the center console if it latches that way if you get pulled over and have to get your registration and insurance it is your choice to inform or not (i always inform) but you have a choice.

Maybe I'm not looking at correct law...but i don't see anything that mentions compartment:

§ 16-11-126. Carrying a concealed weapon

(a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, knuckles, whether made from metal, thermoplastic, wood, or other similar material, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.

(b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows:

(1) For the first offense, he or she shall be guilty of a misdemeanor; and

(2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years.

(c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person's clothing, or a handbag, purse, attache case, briefcase, or other closed container. Any person having been issued a license to carry a concealed weapon pursuant to Code Section 16-11-129 shall be permitted to carry such weapon, subject to the limitations of this part, in all parks, historic sites, or recreational areas as defined by Code Section 12-3-10 and in all wildlife management areas.

(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.

(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.

(f) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state.

HISTORY: Laws 1837, Cobb's 1851 Digest, pp. 848, 849; Ga. L. 1851-52, p. 269, §§ 1-3; Code 1863, § 4413; Ga. L. 1865-66, p. 233, §§ 1, 2; Code 1868, § 4454; Code 1873, § 4527; Ga. L. 1882-83, p. 48, § 1; Code 1882, § 4527; Ga. L. 1898, p. 60, § 1; Penal Code 1895, § 341; Penal Code 1910, § 347; Code 1933, § 26-5101; Code 1933, § 26-2901, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 1430, § 1; Ga. L. 1982, p. 3, § 16; Ga. L. 1992, p. 6, § 16; Ga. L. 1996, p. 108, § 1; Ga. L. 1998, p. 1153, § 1; Ga. L. 2000, p. 1630, § 3; Ga. L. 2007, p. 47, § 16/SB 103; Ga. L. 2008, p. 533, § 3/SB 366; Ga. L. 2008, p. 1199, § 3/HB 89; Ga. L. 2009,

 

[kelcarry]

Hey Y'all: If mrjam is quoting from GA regs, sure does sound like I can CC on my person while in my car travelling thru GA but if I get out of car in GA it is probably a good idea to secure firearm in car and not on my person. I'll probably secure firearm in car from SC to FL destination anyway, but might as well know the whole story about the regs. I assume reciprocity in FL will allow my SC CCWP to be honored in FL.

 

[marionandjohn]

Maybe I'm not looking at correct law...but i don't see anything that mentions compartment:

Ok you are looking at the correct law but, maybe I am reading to much into it, but you have to be elgible for a license under 16-11-129 which states you must live in GA or be military. If your not elgible for a license under 16-11-129 then the pistol must be in full view which meanse can not be covered by anything.

Also look at case law "Lindsey v. State, 277 GA 772 (2004)"

Link Removed

Which basically says that if it is in the glove box or like compartment then you are good but the door pocket is NOT a like compartment because it has no latching cover. Again IANAL just trying to share my understanding and belief of the law to give you another view point.

[/I](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.[/I]

So when I read this it tells me that if your eligible for a license then you can transport it loaded. Since your not a resident of GA that makes you ineligible.

awwwww forget it my head hurts and I cant decided what means what anymore I will let you read the caselaw and law and decide or maybe someone else can make since of my gibberish. GL I'm tired and I tried but confuse myself in the middle. :cray:

Again sorry I cant help anymore then I did but I cant figure out where i was heading with this.

 

[mrjam2jab]

IANAL either ....however....

Ok you are looking at the correct law but, maybe I am reading to much

into it, but you have to be elgible for a license under 16-11-129 which states you must live in GA or be military. If your not elgible for a license under 16-11-129 then the pistol must be in full view which meanse can not be covered by anything.

Also look at case law "Lindsey v. State, 277 GA 772 (2004)"

Link Removed

Which basically says that if it is in the glove box or like compartment then you are good but the door pocket is NOT a like compartment because it has no latching cover. Again IANAL just trying to share my understanding and belief of the law to give you another view point.

[/I](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.[/I]

So when I read this it tells me that if your eligible for a license then you can transport it loaded. Since your not a resident of GA that makes you ineligible.

awwwww forget it my head hurts and I cant decided what means what anymore I will let you read the caselaw and law and decide or maybe someone else can make since of my gibberish. GL I'm tired and I tried but confuse myself in the middle. :cray:

Again sorry I cant help anymore then I did but I cant figure out where i was heading with this.

Looks like it says those who are listed as ineligilbe under that statute which to me is this section:

b) Licensing exceptions. No license or renewal license shall be granted to:

(1) Any person who is prohibited from possessing firearms pursuant to 18 U.S.C. Section 922;

(1.1) Any person under 21 years of age;

(2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11-126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated;

(3) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation or any person who has been convicted of a forcible misdemeanor and has not been free of all restraint or supervision in connection therewith for at least five years or any person who has been convicted of a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application;

(4) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his or her application. The probate judge may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether a license to carry a pistol or revolver should be issued. When such a waiver is required by the probate judge, the applicant shall pay to the probate judge a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Human Resources, which the probate judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the license or renewal license;

(5) (A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug.

(B) As used in this paragraph, the term:

(i) "Controlled substance" means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21.

(ii) "Convicted" means a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief.

(iii) "Dangerous drug" means any drug defined as such in Code Section 16-13-71; or

(6) Any person not lawfully present in the United States.

But I too am just "guessing".... leasantry:

 

[SCfromNY]

I will assume that the console or glovebox conforms to what is generally considered a two step procedure.

First open compartment. . . . Then retrieve handgun.

Putting in a door pocket would only satisfy one step.