ga gun law questions

[blueknight8]

i was over at georgiapacking.org reading up on cc laws . i might be mistaking but if i read the law right i carry in the school only when picking up or dropping off my kid at school . cant hang out/ eat lunch / volunteer at the school with my cc . am i right ?

 

[righter13]

Can't carry in the school, but you can carry in the car while you're picking up or dropping off. At least that's how I understand it.

 

[Grub Master]

I think it's only in the car and only when picking up someone. You can't take it in the building.

 

[Shovelhead]

Stays in the car

 

[blueknight8]

then why does it say only (gwp) holders can when picking up or dropping off ? by all means please dont take this as me argueing with you . just trying to understand the law

 

[sniper22]

If the weapon don't stay in the car, you'll spend 15 w/ Bubba!

 

[inkdaddy]

Going into the office to pick up a child has been in the grey area debate since the change in SB308. The language is so confusing, that the opinion of most is as other posters stated in the vehicle only!!

 

[blueknight8]

Going into the office to pick up a child has been in the grey area debate since the change in SB308. The language is so confusing, that the opinion of most is as other posters stated in the vehicle only!!

this is why i posted i read it as being in the gray . i think i will play it safe and disarm when going to pick up/drop off lil man

 

[Big Ben]

I thought you couldn't even carry on the school property. Not even in the car, that's what I was "told" by a Roswell PD. I would like to learn the truth!

 

[inkdaddy]

There are 9 laws that address where firearms may be borne(carried)
Some apply to weapons (handguns and knives as defined at the top of this page,) and long guns (as defined at the top of this page,) while other places apply to everything else other than a weapon.

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)...

In a government building.
-- "Government Building" means:
The building in which a government entity is housed (Please see the definition for "government entity" below for more information)
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
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).

In a courthouse (a building occupied by judicial courts and containing rooms in which judicial proceedings are held)
In a jail or prison
In a place of worship
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
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)
On the premises of a nuclear power facility (punishment for carry is a misdemeanor, carry with intent to do bodily harm is a felony)
Within 150 feet of a polling location
A person with a Weapons Carry License may have a weapon that is under their control while in a car or the weapon can be left inside a locked compartment, container, or rack on the vehicle parked in a designated parking facility (the place people are supposed to park when visiting one of the unauthorized locations). A person can also approach security upon arrival and notify them of the presence of the weapon and you must follow the instructions for removing, securing, storing or temporarily surrendering the weapon or long gun. There is a list of people who are authorized to carry without the need of a Weapons Carry License (polling locations has its own list 21-3-413) such as law enforcement officers, district attorneys, judges, magistrates, solicitors, persons in the state or US military and more. Please see 16-11-130 for the full list. (16-11-127 )
Weapons on school property and functions: It is unlawful for a person to carry ANY type of weapon onto any real property (real estate... land or buildings) owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education, any public or private technical school, vocational school, college, university, or institution of post secondary education.

This code section does not apply to persons who have a valid Weapons Carry license (formerly the Georgia Firearms License) when such person has a weapon in the vehicle which is parked or in transit through the property or when the license holder carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school. (I'm not sure of the total legality actually carrying into a school building while picking up or dropping off a student, but it appears to be completely legal since the code does not say anything about not being allowed to enter the building while carrying. I wouldn't loiter around in the halls or cafeteria, but instead make a straight bee line to the office and back in order to drop off or pick up a student if you are required to do so.) This code section shall not apply to Teachers and other school personnel who are otherwise authorized to possess or carry weapons, provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle. (note that while you have the ability to park your car on the property (you can leave the weapon inside the car while you go somewhere else) and carry while picking up or dropping off students, outside of that you cannot carry on school property even if you have a license. If you park your car and get out with the weapon still on your person and you do not meet one of the carry exceptions (such as dropping off or picking up a student), you are breaking the law. Be careful!) (16-11-127.1)

Deadly Weapons on the premises of a nuclear power facility; It is (misdemeanor offense) against the law for a person (licensed or not) to carry, possess, or have under such person's control while on the premises of a nuclear power facility a firearm or weapon. (There are some exceptions, but they all have to do with official duties or training.) (16-11-127.2)

Carrying deadly weapons on public transportation: Except for those with a valid license to carry, it is a felony offense to carry a deadly weapon onto a publicly owned rail vehicle, or bus. Carrying into a public building that houses the public transportation is also ok if you have a valid license to carry. In order to carry on a commercial airline, the firearm must be unloaded, locked in a case inside your checked luggage and separate from its ammunition and declared to the transportation company. It is against Federal Law to carry a firearm into the secure areas (Past the TSA metal detectors) of the airport(16-12-123, 16-12-127)

State parks, historic sites, and recreational areas: Except for those with a valid license to carry when carrying a handgun (as defined at the top of this page), it is against the law in Georgia to carry or attempt to carry a deadly weapon onto a park, historic site, or recreational area. The term 'park, historic site, or recreational area' means a park, historic site, or recreational area which is operated by or for and is under the custody and control of the Department of Natural Resources (DNR). Without a valid license to carry when carrying a handgun (as defined at the top of this page) it is unlawful for any person to use or possess in any park, historic site, or recreational area any firearms (with a WCL/GFL it is also legal to carry that handgun into buildings on the property). It is unlawful to carry onto park, historic site or recreational area property, bows and arrows, spring guns, air rifles, slingshots, or any other device which discharges projectiles by any means (unless it is handgun and you have a WCL/GFL), unless the device is unloaded and stored so as not to be readily accessible or unless such use has been approved within restricted areas by prior written permission of the commissioner of natural resources or his authorized representative. It shall be unlawful to refuse to leave a park, historic site, or recreational area after violating any law or regulation of the Board of Natural Resources promulgated pursuant to Code Section 12-3-9 and after being directed to leave by an authorized representative of the department. (If you are caught carrying a handgun without a license or any other firearm or breaking any of the other rules, then you can be asked to leave the park area by an authorized rep from DNR.) Any person who violates any of the provisions of this Code section commits the offense of criminal trespass. (If you refuse to leave after being asked too, then you can be arrested for criminal trespass) (12-3-10, 16-11-127)

Wildlife management areas: Except for those with a valid license to carry, it is against the law in Georgia to possess a firearm during a closed hunting season for that wildlife management area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible or to possess a loaded firearm in a motor vehicle during a legal open hunting season for that area. (27-3-1.1, 16-11-127)

Possession of firearm while hunting with bow and arrow: Except for those with a valid carry license, it shall be unlawful for any person to possess any center-fire or rim fire firearm while hunting with a bow and arrow during archery or primitive weapons season for deer or while hunting with a muzzle loading firearm during a primitive weapons season for deer. (You can now protect yourself from 2 legged creatures while using primitive weapons to hunt for the 4 legged kind) (27-3-6, 16-11-127)

State Capitol and related buildings: Except as provided in the unauthorized locations section above regarding carry of weapons, it is illegal to carry a firearm, knife (as defined at the top of this page), explosive or incendiary device or compound, bludgeon, metal knuckles, or any other dangerous or deadly weapon, instrument, or device into the state capitol building or any building housing committee offices, committee rooms, or offices of members, officials, or employees of the General Assembly or either house (unauthorized locations cover the carry of a weapon (handgun or knife) with a license, however carry of any other device like a long gun or metal knuckles is prohibited by this law whether you have a license to carry or not) . (16-11-34.1, 16-11-127)

Jail/Prison Guard Line: Except as provided in the unauthorized locations section above regarding carry of weapons, it is illegal to carry a gun or other dangerous inside a guard line without permission from the jailer or law enforcement personnel (unauthorized locations cover the carry of a weapon (handgun or knife) with a license, however carry of any other device like a long gun is prohibited by this law (without specific permission) whether you have a license to carry or not) . (42-4-13, 16-11-127)