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What is the dumbest thing you've seen/heard in a gun shop?
- Thread starter Hasselhoss
- Start date
you guys kill me......
No the officer was not incorrect in his conclusion. He was incorrect in the reason for his conclusion as reported by the poster.
So, yes the officer was incorrect in his explanation, and the poster is incorrect in repeating it as "law."
They were.
Ok, would you mind explaining what was incorrect about the officers explanation?
If this is simply a "Georgia code does not use the phrase 'your vehicle is an extension of your home' " then I will agree with you. That is more of the layman's way of explaining it though.
Bottom line, in Georgia, a person who isn't prohibited from possessing a firearm can do so in/on their property, to include their vehicle.
Not trying to have an internet argument here, but it sounds like we are merely discussing semantics, or am I understanding your statement incorrectly?
The concept that "your automobile is an extension of your home" has never been a part of Georgia law. It has never been articulated by any appellate court in Georgia. I haven't made an exhaustive search but it appears that is has never been articulated by any state court in any state.
In Georgia, you can carry a concealed weapon in your automobile without a permit because the legislature has passed a statute that says that you can carry a concealed weapon in your automobile without permit. The privilege of doing so has nothing to do with your home, your business or anything else other than an act of the legislature.
The right to carry a concealed weapon in your automobile without a permit is a very recent development in Georgia law. Before this amendment, you could carry a gun in plain sight, or concealed in a holster or other container.
During this restrictive period, you could carry a firearm in your home or your place of business without a permit. If your automobile is an "extension of your home" you would have been able to freely carry a firearm in your automobile, which you could not do at that time. The law books of the period are full of cases of citizens without permits being arrested for carrying a concealed weapon in their automobile. There are many interesting cases of how much of the gun has to be visible (usually under the seat) for the gun to not be "concealed."
So no one disputes that a citizen who is able to legally own a gun may have it anywhere in his automobile, at this time, but only because the legislature amended existing law to allow you to do so.
Just a personal peeve of mine that people keep on repeating "your automobile is an extension of your home" when it is not, and has never been the law in Georgia.
This may or may not be true.
It's an open question about whether a person without a permit can carry a firearm on property of which he is the landlord, or other property that does not meet the definition of home, place of business or vehicle.
If I own a duplex, and live in one half of it, can a I take a gun to the other rented half? If I am a landlord, is that my place of business?
Again each type of property is not fungible, you are only allowed to carry there because the legislature has specified that you can do so on that particular class of property.
The example you gave, while interesting, does not affect the situation that you originally commented on (vehicle).
