Carrying in car without license.

[Kahrnut]

I was told by the hall county probate court 3 months ago that if you did not have a carry permit, you can have a firearm in your car but it was illegal to have it loaded.

I asked this question specifically because my permit had expired and I was waiting on my new one when all this covid crap happened.

Expired when? They extended the expiration 120 days since the covid crap.

 

[GeauxLSU]

i found this in another thread. look at bold text

That deals with carrying on your person.
Anyone eligible for a carry license, whether they have one or not, can carry a loaded firearm in their vehicle or the vehicle of another as long as the controlling party doesn't prohibit it.
Here's the actual code. Note it says nothing about loaded vs unloaded.

(d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to exclude or eject a person who is in possession of a weapon or long gun on their private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135.

 

[jpm2953]

2018 Georgia Code
Title 16
Chapter 11
Article 4
Part 3
§ 16-11-126.

Any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun provided that it is enclosed in a case and unloaded.

this is 2018 GA Law. Am I reading this wrong?

 

[jpm2953]

Expired when? They extended the expiration 120 days since the covid crap.

Expired March 4th. I wound up getting it back about 6 weeks later. I didn't know about the extension

 

[ckarr]

I spoke to the deputy director for state patrol on my original question and he said that you are within your legal limits to use your pistol that you’ve had in your car, without a carry permit, If there is any need around you to protect someone else or any other type of need. Obviously not seeking opportunity for an altercation

 

[John Monroe]

I spoke to the deputy director for state patrol on my original question and he said that you are within your legal limits to use your pistol that you’ve had in your car, without a carry permit, If there is any need around you to protect someone else or any other type of need. Obviously not seeking opportunity for an altercation

You got an opinion in Post #3 from a lawyer who wrote a book about gun laws in GA, but decided to get your legal advice from a LEO instead?

 

[Seabass19x]

2018 Georgia Code
Title 16
Chapter 11
Article 4
Part 3
§ 16-11-126.

Any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun provided that it is enclosed in a case and unloaded.

this is 2018 GA Law. Am I reading this wrong?

Probably enacted to prevent people from being prosecuted for transporting it.
i.e Shop/Range to Car/home and vice versa.
Loophole for permitless carry? Maybe, but that's a terrible way to carry if you ever need to get it out in a hurry.
Nothing about that section pertains to firearms in your vehicle.

 

[FreedomUSMC]

GAgunLAWbooklet is correct.

If you have a firearm in your vehicle and witness a criminal act to which you have to respond, then you are well within your legal rights. It's the same as if you were at home and saw someone breaking into your neighbors house. That being said you may very well still be detained or arrested until the circumstances are clarified. We all know that some cops don't know the laws, so just be prepared for that.

 

[GAgunLAWbooklet]

Thanks, y'all.
But take note that in this case the deputy director of the Georgia State Patrol also gave the correct answer to the O.P.!

(That's not always the outcome when asking a law-enforcement officer a question about how gun laws apply to law abiding citizens. Cops are much more familiar with how to apply the most common gun laws to bona-fide criminals who are caught carrying guns illegally while doing other crimes or suspicious activity!)

 

[Georgia Terrapin]

Maybe different by county?

No, it's the same state-wide.