I have a gun law question

[js415]

Jesus Christ. This myth is worse than herpes the way that it keeps popping up.

You vehicle is not "an extension of your home." Never has been. That phrase (or any similar phrase) is totally absent from statutes or cases. in fact, your vehicle is so much NOT AN EXTENSION OF YOUR HOME that there is an entirely different set of laws regarding search and seizure of you home, or your automobile.

THIS.....

The answer to the original question is you can carry in your car because of O.C.G.A. 16-11-126(a)

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.

If you are legally able to posses the handgun, then you can carry in those 4 locations, regardless of whether you have a GWCL or not.

"Extension of your home" is not a reason and does not exist in Georgia's firearm carry laws.

Jerry

 

[BLIP]

The correct answer is always "Am I being detained?"

If they stop you the answer is yes

 

[GAgunLAWbooklet]

You don't need a GWL to carry a handgun (even loaded and concealed) in your home, on your land, in your vehicle, or at your "place of business."

16-11-126.

So this law puts "your home" in the same classification as "your motor vehicle" but only for this law.

Also, the "defense of habitation" law also equates your home with your vehicle.


But for most other legal purposes, and especially as to the fourth amendment search and seizure question, your home is not at all like your vehicle.


P.S. J.S. Was posting while I was typing this. Good post, Jerry!

 

[inkdaddy]

Officer....I have nothing illegal in my vehicle.....

 

[MegaFan]

Take it a step further... the OP said he was driving his Father's truck; if under the age to legally possess a handgun, would you say there is a pistol in the arm rest? Have we been down this road before? For those with a "truck gun", do you ever let a minor drive your vehicle? Any concerns?

 

[BLIP]

Take it a step further... the OP said he was driving his Father's truck; if under the age to legally possess a handgun, would you say there is a pistol in the arm rest? Have we been down this road before? For those with a "truck gun", do you ever let a minor drive your vehicle? Any concerns?

Yes... well a few years ago anyway.

 

[gh1950]

Take it a step further... the OP said he was driving his Father's truck; if under the age to legally possess a handgun, would you say there is a pistol in the arm rest? Have we been down this road before? For those with a "truck gun", do you ever let a minor drive your vehicle? Any concerns?

A "minor" may legally possess a handgun in Georgia.

A minor under the age of 18 may not.

 

[js415]

Take it a step further... the OP said he was driving his Father's truck; if under the age to legally possess a handgun, would you say there is a pistol in the arm rest? Have we been down this road before? For those with a "truck gun", do you ever let a minor drive your vehicle? Any concerns?

I wondered also if the OP was under the age of 18.

Did the OP have a GWCL at the time?

Maybe he had a GWCL but did not know if his fathers pistol was in the truck?

Jerry

 

[greg vess]

I wondered also if the OP was under the age of 18.

Did the OP have a GWCL at the time?

Maybe he had a GWCL but did not know if his fathers pistol was in the truck?

Jerry

I was in my early 40's. I didn't even think to look to see if it was in the truck. The statement " it is an extension of your home " came out of the mouth of the Police Officer not mine. I was simply stating what he said after we discovered it in the armrest. I said I don't know it's my father's truck and looked in the armrest I did not want relay information I was not sure about so I took a look at where he kept it when he carried it.

My intention was to never get personal with any individual in this thread. I did make a blanket statement about what happens in America a lot. My original question was to obtain accurate information I was not getting in my search. I was getting bounced around and got frustrated. I really don't care how anyone handles their encounter with the law that is totally their business but I did explain my method of operation when confronting a law enforcement officer. This method has got me off the hook a lot of times in my misspent youth and continues to net me positive interactions like if I do a Texas roll stop. Got out that one just a month or two ago. I said sir I did roll through the stop sign, I am guilty and there was no excuse for it. He said next time come to a full stop. He handed me license and registration back and let me go.

 

[js415]

I was in my early 40's. I didn't even think to look to see if it was in the truck. The statement " it is an extension of your home " came out of the mouth of the Police Officer not mine. I was simply stating what he said after we discovered it in the armrest. I said I don't know it's my father's truck and looked in the armrest I did not want relay information I was not sure about so I took a look at where he kept it when he carried it.

My intention was to never get personal with any individual in this thread. I did make a blanket statement about what happens in America a lot. My original question was to obtain accurate information I was not getting in my search. I was getting bounced around and got frustrated. I really don't care how anyone handles their encounter with the law that is totally their business but I did explain my method of operation when confronting a law enforcement officer. This method has got me off the hook a lot of times in my misspent youth and continues to net me positive interactions like if I do a Texas roll stop. Got out that one just a month or two ago. I said sir I did roll through the stop sign, I am guilty and there was no excuse for it. He said next time come to a full stop. He handed me license and registration back and let me go.

I have no problem with how you handled it. That's your business and not mine. I would probably do the same thing you did.

I was asking the questions in order to provide an exact answer for you and others.

If you were over 18, and without a GWCL then you could have the handgun in the car your driving, based on 16-11-126, which is the "correct" answer you were looking for.

The issue comes with the wording of "your" car. Many people have discussed whether "you" can carry, without a GWCL, if "you" are in your dad's car. The law reads "your motor vehicle", not your dad's. That could make a difference.

No case law on this subject yet, so it is certainly open to an officers interpretation.

If you had your GWCL at the time, then it's a moot point.

I mostly wanted to point out the same thing others have said. You can carry because 11-16-`126 says you can, nor because your car is an extension of your home. I have no doubt that the officer said that. I've heard people say other things about carrying that would blow your mind.

Thanks for the info and clarification,

Jerry