My Letter to them today.
To whom it may concern.
On 2/24/13 at or about 2pm My family and I entered your establishment to have an after church dinner. Upon entering, I went to the restroom to wash my hands. Upon exiting the restroom, I saw a sign that said â No concealed weapons permittedâ below was a picture of a pistol with the red circle with a red slash, and below that was a statement that read â Notice per Georgia Lawâ .
My inquiry is this. To which Georgia law is this sign referring? I am unaware of any law that restricts the concealed carry of firearms into a restaurant.
I would like to have you clarify by citing which Georgia Code section to which this sign is based. Myself and others who carry concealed, do not want to violate any laws be it Local, State, or Federal.
If this sign is referring to a law that doesnât apply to your establishment, and the sign is just an error, please correct it promptly.
Below is a list of the ONLY areas Currently off limits to carry concealed. Which one of these laws is the one to which you are referring?
O.C.G.A. 16-11-120 The Georgia firearms and weapons act. Source of information below.
Carrying a Weapon in an Unauthorized Location: Carrying a weapon or long gun in any of the following places is against the law (misdemeanor offense, exceptions are below the list)...
a. In a government building.
-- "Government Building" means:
A. The building in which a government entity is housed (Please see the definition for "government entity" below for more information)
B. The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or
C. The portion of any building that is not a publicly owned building that is occupied by a government entity. (if a government entity rented out space in a mall and actually occupies it with people, only the "store" space they rented would be off limits)
--"Government Entity" means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state (This part of the law is kind of vague depending on who exactly is included regarding an "office" or "department" as to where they are "housed" or "occupied". The meaning most favorable to a person charged with violating this law (which is the way a court should rule) is limited to the location that contains the person that is in charge of the entire entity. Example: Your local tax office has 3 locations (all publicly owned) where you can make payments, the county tax commissioner is housed in building A and is off-limits, buildings b and c are not off limits because they do not house the Office of the tax commissioner. The meaning least favorable to a person charged with violating this law (which is a way police and prosecutors could interpret it and a court might rule) includes any location where an employee operates out of. Example: Your local tax office has 3 locations (all publicly owned) where you can make payments, all 3 locations are off limits. This does not include a blanket ban on all publicly owned buildings since the law says that a publicly owned building is only off-limits if an entity is housed or meets in the building).
b. In a courthouse (a building occupied by judicial courts and containing rooms in which judicial proceedings are held)
c. In a jail or prison
d. In a place of worship
e. In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease
f. In a bar unless the owner permits carry (the owner has to grant permission for you to be able carry, a bar is defined as an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, like taverns, nightclubs, cocktail lounges, and cabarets)
g. On the premises of a nuclear power facility (punishment for carry is a misdemeanor, carry with intent to do bodily harm is a felony)
h. Within 150 feet of a polling location
I like the food here at Cheekeyâs and the overall atmosphere and service, however, if Cheekeyâs cannot guarantee my safety and the safety of my family, and is unwilling to allow me to protect my family while at your restaurant, then, as unfortunate as it is, I and my family will no longer be customers of Cheekeyâs and will inform other like minded individuals who may be unaware of your potentially deadly policy.
Should my inquiry go unanswered for two weeks or more, I will have to assume that the sign is being used for intimidation and not a reflection of any Georgia laws. The misrepresenting of Georgia law to bully and intimidate law abiding citizens into not exercising their second amendment Rights may in fact be a violation of Georgia Law itself.
Your prompt attention to this matter is appreciated.
Regards,
To whom it may concern.
On 2/24/13 at or about 2pm My family and I entered your establishment to have an after church dinner. Upon entering, I went to the restroom to wash my hands. Upon exiting the restroom, I saw a sign that said â No concealed weapons permittedâ below was a picture of a pistol with the red circle with a red slash, and below that was a statement that read â Notice per Georgia Lawâ .
My inquiry is this. To which Georgia law is this sign referring? I am unaware of any law that restricts the concealed carry of firearms into a restaurant.
I would like to have you clarify by citing which Georgia Code section to which this sign is based. Myself and others who carry concealed, do not want to violate any laws be it Local, State, or Federal.
If this sign is referring to a law that doesnât apply to your establishment, and the sign is just an error, please correct it promptly.
Below is a list of the ONLY areas Currently off limits to carry concealed. Which one of these laws is the one to which you are referring?
O.C.G.A. 16-11-120 The Georgia firearms and weapons act. Source of information below.
Carrying a Weapon in an Unauthorized Location: Carrying a weapon or long gun in any of the following places is against the law (misdemeanor offense, exceptions are below the list)...
a. In a government building.
-- "Government Building" means:
A. The building in which a government entity is housed (Please see the definition for "government entity" below for more information)
B. The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or
C. The portion of any building that is not a publicly owned building that is occupied by a government entity. (if a government entity rented out space in a mall and actually occupies it with people, only the "store" space they rented would be off limits)
--"Government Entity" means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state (This part of the law is kind of vague depending on who exactly is included regarding an "office" or "department" as to where they are "housed" or "occupied". The meaning most favorable to a person charged with violating this law (which is the way a court should rule) is limited to the location that contains the person that is in charge of the entire entity. Example: Your local tax office has 3 locations (all publicly owned) where you can make payments, the county tax commissioner is housed in building A and is off-limits, buildings b and c are not off limits because they do not house the Office of the tax commissioner. The meaning least favorable to a person charged with violating this law (which is a way police and prosecutors could interpret it and a court might rule) includes any location where an employee operates out of. Example: Your local tax office has 3 locations (all publicly owned) where you can make payments, all 3 locations are off limits. This does not include a blanket ban on all publicly owned buildings since the law says that a publicly owned building is only off-limits if an entity is housed or meets in the building).
b. In a courthouse (a building occupied by judicial courts and containing rooms in which judicial proceedings are held)
c. In a jail or prison
d. In a place of worship
e. In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease
f. In a bar unless the owner permits carry (the owner has to grant permission for you to be able carry, a bar is defined as an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, like taverns, nightclubs, cocktail lounges, and cabarets)
g. On the premises of a nuclear power facility (punishment for carry is a misdemeanor, carry with intent to do bodily harm is a felony)
h. Within 150 feet of a polling location
I like the food here at Cheekeyâs and the overall atmosphere and service, however, if Cheekeyâs cannot guarantee my safety and the safety of my family, and is unwilling to allow me to protect my family while at your restaurant, then, as unfortunate as it is, I and my family will no longer be customers of Cheekeyâs and will inform other like minded individuals who may be unaware of your potentially deadly policy.
Should my inquiry go unanswered for two weeks or more, I will have to assume that the sign is being used for intimidation and not a reflection of any Georgia laws. The misrepresenting of Georgia law to bully and intimidate law abiding citizens into not exercising their second amendment Rights may in fact be a violation of Georgia Law itself.
Your prompt attention to this matter is appreciated.
Regards,
