carrying in car without permit

[gh1950]

The law has changed. As has been stated, your car = your house. No government permission slip is needed to exercise your 2A rights in those two places at least.

Then the state figured out they could make money on it...

Actually I think it was an accident of history. The result of some poor legislative drafting by some people who did not understand the history of licensed carry, or trouble themselves to look at the current status of the law. I've studied it quite a bit, as I was around when the change was made, and I think there wasn't any "intent" at all - just ignorance.

 

[dondon48]

Actually I think it was an accident of history. The result of some poor legislative drafting by some people who did not understand the history of licensed carry, or trouble themselves to look at the current status of the law. I've studied it quite a bit, as I was around when the change was made, and I think there wasn't any "intent" at all - just ignorance.

so the state accidentally votes themselves a tax windfall that brings in tens of millions of dollars a year? the only thing i believe about that is they accidentally made it so the counties get the money instead of the state...

 

[brutal]

Does GA have a Castle Doctrine?

Does that same protection also apply to you in a motor vehicle?

I think not.

While you may still use force to protect yourself, Castle Doctrine laws apply only to your immediate residence, and that does not include a motor vehicle. There's potentially a grey area I suppose if you're currently residing in an RV that is designed with sleeping quarters.

You do not have the same extent of expectation of privacy, etc. in a motor vehicle that you do in your home. IMHO, your vehicle is not an extension of your home and there's nothing in any of those statutes that indicates it is.

 

[brutal]

Refer to Sub Paragraph (d)

O.C.G.A. § 16-11-126
Having or carrying handguns, long guns, or other weapons; license requirement; exceptions for homes, motor vehicles, private property, and other locations and conditions



(a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license.

(b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun without a valid weapons carry license, provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner.

(c) 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.

(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.

(e) Any person licensed to carry a handgun or weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to carry a weapon in this state, but only while the licensee is not a resident of this state; provided, however, that such licensee shall carry the weapon in compliance with the laws of this state.

(f) Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land on which the activities are being conducted may have or carry on his or her person a handgun or long gun without a valid weapons carry license while hunting, fishing, or engaging in sport shooting.

(g) Notwithstanding Code Sections 12-3-10, 27-3-1.1, 27-3-6, and 16-12-122 through 16-12-127, any person with a valid weapons carry license may carry a weapon in all parks, historic sites, or recreational areas, as such term is defined in Code Section 12-3-10, including all publicly owned buildings located in such parks, historic sites, and recreational areas, in wildlife management areas, and on public transportation; provided, however, that a person shall not carry a handgun into a place where it is prohibited by federal law.

(h) (1) No person shall carry a weapon without a valid weapons carry license unless he or she meets one of the exceptions to having such license as provided in subsections (a) through (g) of this Code section.

(2) A person commits the offense of carrying a weapon without a license when he or she violates the provisions of paragraph (1) of this subsection.

(i) Upon conviction of the offense of carrying a weapon without a valid weapons carry license, 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 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, 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.

(j) Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-13

There's still nothing in the statute that would indicate a motor vehicle is an extension of your home. Nothing.

You're trying to draw a correlation where none exists. Rights afforded to you in your home are not necessarily extended to you in a motor vehicle. Any LE here should be able to attest to that. You have significantly less rights when you are on a public conveyance in a motor vehicle than you do when on your own property.

I suggest you read this excellent post and then rethink your logic. https://www.ar-15.co/entries/39-quo...-of-Your-Home-quot-Why-that-s-not-really-true

 

[dondon48]

Does GA have a Castle Doctrine?

Does that same protection also apply to you in a motor vehicle?

I think not.

While you may still use force to protect yourself, Castle Doctrine laws apply only to your immediate residence, and that does not include a motor vehicle. There's potentially a grey area I suppose if you're currently residing in an RV that is designed with sleeping quarters.

You do not have the same extent of expectation of privacy, etc. in a motor vehicle that you do in your home. IMHO, your vehicle is not an extension of your home and there's nothing in any of those statutes that indicates it is.

castle doctrine has nothing to do with where you can carry a handgun...at least not in ga...

 

[dondon48]

There's still nothing in the statute that would indicate a motor vehicle is an extension of your home. Nothing.

You're trying to draw a correlation where none exists. Rights afforded to you in your home are not necessarily extended to you in a motor vehicle. Any LE here should be able to attest to that. You have significantly less rights when you are on a public conveyance in a motor vehicle than you do when on your own property.

I suggest you read this excellent post and then rethink your logic. https://www.ar-15.co/entries/39-quo...-of-Your-Home-quot-Why-that-s-not-really-true

you do know you're posting in a georgia based forum? the laws in ga aren't the same as co...

 

[gh1950]

IMHO, your vehicle is not an extension of your home and there's nothing in any of those statutes that indicates it is.

I really wish people would quit saying this. It's one of those things that some how started on the internet, and now is constantly repeated like it is the 11th Commandment.

Your automobile is not an extension of your home in Georgia, nor is it in the vast majority of the other states. That phrase (and any similar phrase) appears no where in Georgia case law or Georgia statutes. It has never been used in any court in Georgia. The phrase has only been used on the internet.

As you note, there are several differences between an automobile and your home, many of which have to do with Fourth Amendment issues. A passenger in a car has a different set of gun rights than a roommate of a house. AS you note, the laws on self defense are different. There is no curtelige for a car. You can be passed out drunk in your house, try that in an automobile and see how it works out.

It's just fingernails grating on a blackboard every time someone pops off "your car is an extension of your home." No it's not.

 

[brutal]

you do know you're posting in a georgia based forum? the laws in ga aren't the same as co...

Yes I do, and I made a distinction.

GA law still doesn't equate a motor vehicle as "an extension of your home," and it's tiring seeing the same misconception posted everywhere.

Just my $0.02.

 

[GeauxLSU]

Yes I do, and I made a distinction.

GA law still doesn't equate a motor vehicle as "an extension of your home," and it's tiring seeing the same misconception posted everywhere.

Just my $0.02.

It does for carrying.... which is what the thread is about.

 

[brutal]

It does for carrying.... which is what the thread is about.

My comment wasn't about carrying per se, it was about the oft claimed and incorrect statement, "you car is an extension of your home."

Oh, and before someone else posts it...