Legal Question About Firearms on Public School Property.

[sheep dog]

So if you have a GWL and are on school property after hours for a function of some kind and someone shows up to go on a rampage and you successfully eliminate the threat...are you screwed? Loose your GWL? JAIL? Hypothetically, what happens in a situation like that since no one knows you are carrying until you need it.

 

[alnen]

So if you have a GWL and are on school property after hours for a function of some kind and someone shows up to go on a rampage and you successfully eliminate the threat...are you screwed? Loose your GWL? JAIL? Hypothetically, what happens in a situation like that since no one knows you are carrying until you need it.

This is one area where I'm not 100% sure... I BELIEVE if the shooting is a true self defense scenario, that the law stipulates that you can not be charged with carrying a weapon in an off limits location. Again, please double check this...

 

[alnen]

16-11-138 specifies that lethal force, in the defense of self or others, creates an absolute defense and protects you from charges of off limits carry.

Hb60 gave us this little nugget!

 

[sheep dog]

This is one area where I'm not 100% sure... I BELIEVE if the shooting is a true self defense scenario, that the law stipulates that you can not be charged with carrying a weapon in an off limits location. Again, please double check this...

I like that answer if it's true. Anyone know more about this?

 

[sheep dog]

16-11-138 specifies that lethal force, in the defense of self or others, creates an absolute defense and protects you from charges of off limits carry.

Hb60 gave us this little nugget!

So basically, you can still carry and just keep it concealed like anywhere else? I know that stores for example that have a "no guns allowed" sign carry no legal weight. I thought schools were more serious in that regards and carried more severe penalty for offenders. ..

 

[sheep dog]

Then there is this I read...(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) ??

 

[alnen]

So basically, you can still carry and just keep it concealed like anywhere else? I know that stores for example that have a "no guns allowed" sign carry no legal weight. I thought schools were more serious in that regards and carried more severe penalty for offenders. ..

If the officer and court have no respect for hb826, then you will be found guilty of carrying in an off limits location.

The exception that I posted only protects you if you have to actually USE your firearm in self defense/defense of others.

 

[alnen]

Then there is this I read...(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) ??

Yes, this is the old law. Hb826 was passed and removed the "when picking up or dropping off a student". BUT, Nathan Deal had the commission responsible for transferring the law into ga code leave this part of the code section as it was.

 

[Thomas Eeyore]

I looked up the law in the past for my place of employment. I seem to remember that they can't just go searching vehicles randomly unless they have an established practice, system, or method they use checking vehicles.

O.C.G.A. 16-11-135 (2010)
16-11-135. Public or private employer's parking lots; right of privacy in vehicles in employer's parking lot or invited guests on lot; severability; rights of action


(a) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall establish, maintain, or enforce any policy or rule that has the effect of allowing such employer or its agents to search the locked privately owned vehicles of employees or invited guests on the employer's parking lot and access thereto.

(b) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employee's privately owned motor vehicle contains a firearm that is locked out of sight within the trunk, glove box, or other enclosed compartment or area within such privately owned motor vehicle, provided that any applicable employees possess a Georgia weapons carry license.

(c) Subsection (a) of this Code section shall not apply:
Blah Blah, below this it says if it's not prohibited by State or Federal law to have a weapon on the property.


I read through it and it seems that if it is in a locked compartment you are gtg.

If they check the cars in our employee parking lot about 75% of them would have firearms in them. But I do work for a Hand Gun Manufacture. :<)

 

[Ken Ford]

Its legal, but what I'm saying is that most employers can fire you for cause, without a real good reason, and alot of employers have a zero tolerance weapon policy, hell I work for the SC National Guard as a civilian, and attached as a reservist for DSCA mission, and there is a no privately owned weapon clause.

Not in Georgia. It is specifically illegal for a business not to allow carry in their vehicle unless is restricted by law in another manner, such as federal property jail guard lines etc. that is why schools were specifically exempted as there was verbiage elsewhere that restricted carry anywhere within a certain distance of a school.