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Q: Carrying a handgun in my car in Georgia. ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Carrying a handgun in my car in Georgia.
Category: Relationships and Society > Law
Asked by: wcu80-ga
List Price: $10.00
Posted: 13 Jan 2005 12:04 PST
Expires: 12 Feb 2005 12:04 PST
Question ID: 456734
I live in Atlanta Georgia, I am 24, no criminal record, mental illness etc...

Can I carry a handgun in my car without a permit? If so, where in the
car must it be held? If it matters, I just moved here, so I have a
North Carolina drivers license. Response can be very brief.
Answer  
Subject: Re: Carrying a handgun in my car in Georgia.
Answered By: tutuzdad-ga on 13 Jan 2005 12:45 PST
Rated:5 out of 5 stars
 
Dear wcu80-ga;

Thank you for allowing me to answer your interesting question. 

The answer is ?No?. A person may not carry a handgun in his or her
vehicle in the State of Georgia unless he or she has a state issued
permit so do so. You may however, ?transport? a handgun (i.e., from
one place to another, etc) without a permit ?provided the firearm is
enclosed in a case, unloaded, and separated from its ammunition.?

Now, if you have a license to carry a handgun, the law says this
specifically about how to carry it in your vehicle:

?This Code section shall not forbid any person who is not among those
enumerated as ineligible for a license under Code Section 16-11-129
from transporting a loaded firearm in any private passenger motor
vehicle in an open manner and fully exposed to view or in the glove
compartment, console, or similar compartment of the vehicle; provided,
however, that any person in possession of a valid permit issued
pursuant to Code Section 16-11-129 may carry a handgun in any location
in a motor vehicle.?

GEORGIA GENERAL ASSEMBLY
16-11-126
http://www.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/16/11/126

http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=16-11-126


As in most states, there are some places that are off limits to
handguns, even if you are licensed:

GEORGIA GENERAL ASSEMBLY
16-11-127
http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=16-11-127




I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga ? Google Answers Researcher


ADDITIONAL INFORMATION SOURCES

PACKING.ORG
http://www.packing.org/state/index.jsp/georgia




SEARCH STRATEGY


SEARCH ENGINE USED:

Google ://www.google.com


SEARCH TERMS USED:

Georgia

Concealed

Handgun

Permit

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Statute

Request for Answer Clarification by wcu80-ga on 13 Jan 2005 12:58 PST
Thank you for your quick research!! One point seemed a little ambiguous:

?This Code section shall not forbid any person who is not among those
enumerated as ineligible for a license under Code Section 16-11-129
from transporting a loaded firearm in any private passenger motor
vehicle in an open manner and fully exposed to view or in the glove
compartment, console, or similar compartment of the vehicle; provided,
however, that any person in possession of a valid permit issued
pursuant to Code Section 16-11-129 may carry a handgun in any location
in a motor vehicle.?

Is that not saying that they shall not forbid me to carry a gun in
open view or in the glove compartment as long as I am eligible to get
a permit?

Thanks for your time.

Request for Answer Clarification by wcu80-ga on 13 Jan 2005 13:17 PST
Using the links you provided I also found this statement displayed in
the first paragraph:

"This Code section shall not permit, outside of his or her home, motor
vehicle, or place of business, the concealed carrying of a pistol,
revolver, or concealable firearm by any person unless that person has
on his or her person a valid license issued under Code Section
16-11-129 and the pistol, revolver, or firearm may only be carried in
a shoulder holster, waist belt holster, any other holster, hipgrip, or
any other similar device, in which event the weapon may be concealed
by the personīs clothing, or a handbag, purse, attache case,
briefcase, or other closed container. Carrying on the person in a
concealed manner other than as provided in this subsection shall not
be permitted and shall be a violation of this Code section."

Now I'm nervous because you said "no" but your links say yes.  What gives?

Clarification of Answer by tutuzdad-ga on 13 Jan 2005 13:34 PST
I realized I was a bit vague. Let me correct myself.  

The law does not permit just ANYONE to carry a CONCEALED handgun
ANYWHERE in his car.

Where the statute says a "person who is not among those enumerated as
ineligible for a license under Code Section 16-11-129", it means
someone who would not otherwise QUALIFY for a license, but not
necessarily has one. A convicted felon, for example, is someone who is
ineligible for a license and this is the "type" of person the statute
is referring to.

According to the Georgia State University Law Review, the Act allows
those without licenses, but not ineligible for licenses, to have a
loaded firearm in a passenger vehicle, as long as the firearm is in
open view or in the glove compartment. Those with licenses may carry a
handgun in any location in a motor vehicle he or she desires,
concealed or unconcealed.

Georgia State University Law Review
http://www.saf.org/LawReviews/Green1.html

Sorry for the confusion. I hope this clears it up.

regards;
tutuzdad-ga
wcu80-ga rated this answer:5 out of 5 stars and gave an additional tip of: $2.00
Very timely answer. Although a little vague at first, followed up with
very useful links. Thanks for your time.

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