Constitutional Carry in Georgia

[FreedomUSMC]

All the points he made as “changes” were already addressed in other laws. That’s why I asked you to cross reference other laws on the books. The law spells out things already legal or illegal. But doesn’t change anything except the wording of “weapon carry license holder” to “lawful weapon carrier” (or close for exact wording).
This long drawn out bill could have been written in one paragraph.

For schools, this new law states a lawful weapon carrier can have a firearm when picking up/ dropping off in school zones. Previously, it was no firearms within 1000ft of any school zones. Is that incorrect?

And the verbiage contradicts carrying in places such as Post Offices. Those are publicly funded, open to the public, and have no security. However, Federal law says we can't carry there.

 

[Ken Ford]

For schools, this new law states a lawful weapon carrier can have a firearm when picking up/ dropping off in school zones. Previously, it was no firearms within 1000ft of any school zones. Is that incorrect?

And the verbiage contradicts carrying in places such as Post Offices. Those are publicly funded, open to the public, and have no security. However, Federal law says we can't carry there.

No that was already law for nearly a decade. (School pick up.)
Post offices are not state Govt. That is federal property and there are federal laws addressing this. State law cannot supersede Federal Laws.

 

[FreedomUSMC]

No that was already law for nearly a decade.
Post offices are not state Govt. That is federal property and there are federal laws addressing this. State law cannot supersede Federal Laws.

Thanks. I'm aware, just thought maybe something changed.

 

[Malum Prohibitum]

For schools, this new law states a lawful weapon carrier can have a firearm when picking up/ dropping off in school zones. Previously, it was no firearms within 1000ft of any school zones. Is that incorrect?

And the verbiage contradicts carrying in places such as Post Offices. Those are publicly funded, open to the public, and have no security. However, Federal law says we can't carry there.

FreedomUSMC, the problem with school zones is the federal law, which applies 1000 feet from the school property. You are only exempt from the federal law with a state issued carry license.

Those carrying within 1000 feet of a school without a license are not violating Georgia state law, but they are violating federal law. See

18 U.S.C. Section 922(Q)(2)​

While it is a "misdemeanor" under federal law, the punishment is 5 years in prison, see 18 use 924(a)(4) and this sentence is not to run concurrently with any sentence for another charge.

 

[Ken Ford]

FreedomUSMC, the problem with school zones is the federal law, which applies 1000 feet from the school property. You are only exempt from the federal law with a state issued carry license.

Those carrying within 1000 feet of a school without a license are not violating Georgia state law, but they are violating federal law. See

18 U.S.C. Section 922(Q)(2)​

While it is a "misdemeanor" under federal law, the punishment is 5 years in prison, see 18 use 924(a)(4) and this sentence is not to run concurrently with any sentence for another charge.

Need to quote all of it and the exemptions to said law.

2)
(A)
It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B)Subparagraph (A) does not apply to the possession of a firearm—
(i)
on private property not part of schoolgrounds;
(ii)
if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii)that is—
(I)
not loaded; and
(II)
in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv)
by an individual for use in a program approved by a school in the school zone;
(v)
by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi)
by a law enforcement officer acting in his or her official capacity; or
(vii)
that is unloaded and is possessed by an individual while traversing schoolpremises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
(3)
(A)
Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone.
(B)Subparagraph (A) does not apply to the discharge of a firearm—
(i)
on private property not part of schoolgrounds;
(ii)
as part of a program approved by a school in the school zone, by an individual who is participating in the program;
(iii)
by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or
(iv)
by a law enforcement officer acting in his or her official capacity.
(4)
Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.

 

[GAgunLAWbooklet]

Ken, what's the point of quoting that giant wall of text? Does anything in there refute what Malum said?

(of course we have to use common sense and understand in this context when we gun owners talk about "carrying a gun" in a school zone we're not talking about unloaded, fully encased transport-- we are talking about carrying in a way that the weapon is useful for us in case of an emergency).
And for those people taking advantage of constitutional carry because of a new Georgia law, they don't get any applicable exception under the federal law.

 

[Ken Ford]

Ken, what's the point of quoting that giant wall of text? Does anything in there refute what Malum said?

(of course we have to use common sense and understand in this context when we gun owners talk about "carrying a gun" in a school zone we're not talking about unloaded, fully encased transport-- we are talking about carrying in a way that the weapon is useful for us in case of an emergency).
And for those people taking advantage of constitutional carry because of a new Georgia law, they don't get any applicable exception under the federal law.

Wasn’t meant as a refute.

 

[Deleted member 126862]

FreedomUSMC, the problem with school zones is the federal law, which applies 1000 feet from the school property. You are only exempt from the federal law with a state issued carry license.

Those carrying within 1000 feet of a school without a license are not violating Georgia state law, but they are violating federal law. See

18 U.S.C. Section 922(Q)(2)​

While it is a "misdemeanor" under federal law, the punishment is 5 years in prison, see 18 use 924(a)(4) and this sentence is not to run concurrently with any sentence for another charge.

I would like to know how many times a (federal) US Attorneys office has prosecuted anyone that did not commit a bundle of crimes (shootings, drug sales or a prohibited person etc) that they actually took the time to prosocute any otherwise lawful citizen, for having a weapon (firearm) in their glovebox while picking up there kid based on a "war on drugs/guns".

 

[jaxyaks]

I would like to know how many times a (federal) US Attorneys office has prosecuted anyone that did not commit a bundle of crimes (shootings, drug sales or a prohibited person etc) that they actually took the time to prosocute any otherwise lawful citizen, for having a weapon (firearm) in their glovebox while picking up there kid based on a "war on drugs/guns".

In GA I would say probably close to zero...other states like California and New York probably a bunch. The Federal law is antiquated and written before widespread constitutional carry, it is due for a challenge. I would give it 50/50 that you could argue constitutional carry serves as defacto permitting as it is applied to the law and the language in the Federal statute would have to change.

I don't wanna be the guy that has to challenge it, but it is due for a challenge for sure...

 

[jaxyaks]

I would like to know how many times a (federal) US Attorneys office has prosecuted anyone that did not commit a bundle of crimes (shootings, drug sales or a prohibited person etc) that they actually took the time to prosocute any otherwise lawful citizen, for having a weapon (firearm) in their glovebox while picking up there kid based on a "war on drugs/guns".

Since the GA constitutional carry basically just changed everything over from weapons permit holder to authorized weapons carrier without changing the rules....It would be quite difficult for the federal govt to prosecute unless they were going to start putting federal police in the parking lots of schools checking every car in the drop off line and making arrests themselves. They would have to make the arrest as there would be no local GA police arrest in that case to adopt.

A lot of federal laws are pretty much not enforced as they don't have the manpower to chase them, and without local law enforcement handing them a case to adopt...they don't have a case.