Carry in own business.

[tmoore912]

seems to me like it should be fine, if its his business thats his property right?

In Georgia, it has nothing to do with property rights and has everything to do with employers and employees having the ability to defend themselves with or without permission while working at their "Place of Business". It is long standing legal precedent in Ga. that you have the right to defend yourself or others at your "Place of Business" Two court rulings on this in Ga.

Now, with that said.....................if you use your gun or are found out at work.....................you can be fired.

 

[Retread]

Unemployed beats dead!

 

[GAgunLAWbooklet]

JS415: What you quoted was NOT the actual Code section. Your post makes it look like it's a quote or citation to the actual law.
It was somebody's summary or plain-English recap of what the law says. I don't disagree with it, and I see that it's from GeorgiaPacking.Org, which is a good site full of useful information. But more should be said about this, because I see a difference in what the statute says, what the courts said about it in the past, and what courts may say about it today.

TMoore: Thank you for posting the relevant caselaw.

If we didn't have a couple of cases from the Georgia Court of Appeals, I'm sure any modern court would say that "your place of business" means the same as "your vehicle" and "your property." YOURS. Not somebody else's where you can carry if they don't object (or even if they do). If not for those pre-WWI cases involving rural ranch hands or farm workers carrying pistols on the farms and plantations where they are employed, I think modern courts would say that it's not "your" place of business if you don't own it or manage it or at least carry as part of your job duties so that your gun serves the employer's needs, not just your personal security needs.

But we DO have those old cases, and the Court of Appeals did say that the law's provisions for carrying at "your place of business" was not intended to give greater rights to the wealthy land-owning class while leaving the working class without equal protection of the laws.

So it looks like you "can" carry at work where you are a mere employee, but I STILL SAY that there's a risk that a modern court in an urban area will not follow precedent and will try to find a way to convict you, if your ONLY connection to the job site is that you "work there."

If you work there AND are the general manager or somebody else in charge of handling money or who is responsible for the safety of your customers and employees, fine, you make it that much better and more likely the criminal justice system will say you don't need a permit. If you have permission to carry from the owner or a high-level manager, or if you work there and one of your job duties is to provide security for the business, then it's much more likely that courts will follow this 100-year old precedent and recognize your right to carry on the job.

SIDE NOTE: People DO get arrested for carrying a Weapon without a license at their jobs. I've read about it several times. If you think that's crazy, and illegal, let me ask you this: If the manager of a McDonald's calls 911 and reports that one of his employees, an 18 year old guy who was just hired last week, is packing a pistol in the waistband of his polyester uniform pants, completely in violation of company rules and policies, and he asks you do (as a cop) to do something about it, what are you going to tell him?
That this teenage boy doesn't need any license, and he can pack that pistol in "his" place of business, legally?

 

[jlw]

Folks, the code sections are all online. You can look them up as easily as you can post in a discussion forum. Take a gander at 16-11-138...

On another note, if a tenant agrees to a "no firearms" provision in a lease, that portion would be enforceable for the purposes of the lease, but it wouldn't make it illegal to carry onto the property.

 

[GAgunLAWbooklet]

Folks, the code sections are all online. You can look them up... Take a gander at 16-11-138...

...

I don't think that 16-11-138 means what you think it means.

Do you assume that it means as long as your gun is carried for self-defense and only used for a lawful act of force against a bad guy, you can't be prosecuted for any gun laws you violated?

Actually, it means that you get a free pass to break Georgia's gun control laws only AFTER you see the need to obtain a weapon that normally it would be unlawful for you to obtain, or for you to take a gun into an area that is normally off-limits AFTER you see a crime happening there and need to bring your weapon into that gun-free zone to deal with a problem.
It's not permission to carry in violation of other gun control laws on the speculation that "maybe" you might "one day" need that gun.

16-11-126 is the correct law to look at here. It discusses carry and possession generally, both with and without a GWCL.

 

[jlw]

I don't think that 16-11-138 means what you think it means.

Do you assume that it means as long as your gun is carried for self-defense and only used for a lawful act of force against a bad guy, you can't be prosecuted for any gun laws you violated?

Actually, it means that you get a free pass to break Georgia's gun control laws only AFTER you see the need to obtain a weapon that normally it would be unlawful for you to obtain, or for you to take a gun into an area that is normally off-limits AFTER you see a crime happening there and need to bring your weapon into that gun-free zone to deal with a problem.
It's not permission to carry in violation of other gun control laws on the speculation that "maybe" you might "one day" need that gun.

16-11-126 is the correct law to look at here. It discusses carry and possession generally, both with and without a GWCL.

I made no statement as to what I think it means; so, your assertions as to what I think it means are completely without foundation and based purely upon your own supposition.

I don't need a lesson on the carry laws. I teach lessons on the carry laws.

 

[protective measures]

I don't think that 16-11-138 means what you think it means.

Do you assume that it means as long as your gun is carried for self-defense and only used for a lawful act of force against a bad guy, you can't be prosecuted for any gun laws you violated?

Actually, it means that you get a free pass to break Georgia's gun control laws only AFTER you see the need to obtain a weapon that normally it would be unlawful for you to obtain, or for you to take a gun into an area that is normally off-limits AFTER you see a crime happening there and need to bring your weapon into that gun-free zone to deal with a problem.
It's not permission to carry in violation of other gun control laws on the speculation that "maybe" you might "one day" need that gun.

16-11-126 is the correct law to look at here. It discusses carry and possession generally, both with and without a GWCL.

Agreed.

16-11-126 is the code section we reference in our classes on this matter.

 

[wnchstrtnfldvlle]

Thanks for the responses. No he's not worried about the long wait responses lol, they actually keep it to only about a 10-15 minute wait. Unless you show up too early for your appointment. I was just discussing it with my wife, and figured I would ask. He tried to get a GWL, but there is/was a restraining order against him from a past psycho girlfriend and he was told he couldn't get it. In the office they have been getting nervous about patients that have been bringing the weapons onto the property, and I have been trying to convince her that instead the sign saying no weapons, they need take their defense into their own hands. They shouldn't strip people of their right to self defense, especially when they have no way to defend their patients.

 

[wnchstrtnfldvlle]

Folks, the code sections are all online. You can look them up as easily as you can post in a discussion forum. Take a gander at 16-11-138...

On another note, if a tenant agrees to a "no firearms" provision in a lease, that portion would be enforceable for the purposes of the lease, but it wouldn't make it illegal to carry onto the property.

Yes, but some people like to engage in discussion rather than sifting through google results.

 

[polaris30144]

Thanks for the responses. No he's not worried about the long wait responses lol, they actually keep it to only about a 10-15 minute wait. Unless you show up too early for your appointment. I was just discussing it with my wife, and figured I would ask. He tried to get a GWL, but there is/was a restraining order against him from a past psycho girlfriend and he was told he couldn't get it. In the office they have been getting nervous about patients that have been bringing the weapons onto the property, and I have been trying to convince her that instead the sign saying no weapons, they need take their defense into their own hands. They shouldn't strip people of their right to self defense, especially when they have no way to defend their patients.

If he is prohibited from a GWL, he is prohibited from having a weapon anywhere...... in other words he can't posses a weapon period...