[GlockJeeper]

In Georgia the law says that since I am in the military that the laws on carrying a weapon "do not apply" to me. My CCW liscence hasn't come in yet and it will be a while so do you guys think that I will be safe carrying? What should I do if a cop pulls me over or something? I have a copy of the law that I can show them.

[EOD Guy]

I haven't seen the applicable Georgia law, but I would bet that the exemption only applies when you are performing official duties under military authority.

[GregoryTech]

But I have read that GA does allows carry for military, even when not in official capacity.

[Ohen Cepel]

When I was there I obeyed all the state laws on CCW.

I'm not aware of any exemptions short of official duty. I wouldn't risk it, any weapons charge and you'll be WAY up the creek! Most PC chains of command will nuke you.

[Norm357]

16-11-130.

(a) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:

(1) Peace officers, as such term is defined in paragraph (11) of Code Section 16-1-3, and retired peace officers so long as they remain certified whether employed by the state or a political subdivision of the state or another state or a political subdivision of another state but only if such other state provides a similar privilege for the peace officers of this state;

(2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense;

(3) Persons in the military service of the state or of the United States;

(4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract;

(5) District attorneys, investigators employed by and assigned to a district attorney´s office, assistant district attorneys, attorneys employed by the Prosecuting Attorneys´ Council of Georgia, and any retired district attorney, assistant district attorney, or district attorneys investigator if such retired employee is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system;

(6) State court solicitors-general; investigators employed by and assigned to a state court solicitor-general´s office; assistant state court solicitors-general; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said provision of the Constitution;

(7) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;

(8) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon;

(9) Chief probation officers, probation officers, intensive probation officers, and surveillance officers employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of Division of Probation;

(10) Public safety directors of municipal corporations;

(11) Explosive ordnance disposal technicians, as such term is defined by Code Section 16-7-80, and persons certified as provided in Code Section 35-8-13 to handle animals trained to detect explosives, while in the performance of their duties;

(12) State and federal trial and appellate judges, full-time judges of municipal and city courts, and former state trial and appellate judges retired from their respective offices under state retirement;

(13) United States Attorneys and Assistant United States Attorneys;

(14) County medical examiners and coroners and their sworn officers employed by county government; and

(15) Clerks of the superior courts.

(b) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect persons who at the time of their retirement from service with the Department of Corrections were chief probation officers, probation officers, intensive probation officers, or surveillance officers, when specifically designated and authorized in writing by the director of Division of Probation.

(c) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any:

(1) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired deputy sheriff is receiving benefits under the Peace Officers´ Annuity and Benefit Fund provided under Chapter 17 of Title 47;

(2) Member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation or retired member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees´ Retirement System;

(3) Full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that is registered or certified by the Peace Officer Standards and Training Council; or retired law enforcement chief executive that formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that was registered or certified at the time of his or her retirement by the Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers´ Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or

(4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that is registered or certified by the Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that was registered or certified at the time of his or her retirement by the Peace Officer Standards and Training Council, if such retired employee is receiving benefits under the Peace Officers´ Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system.

In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, active or retired law enforcement chief executive, or other law enforcement officer referred to in this subsection shall be authorized to carry a pistol or revolver on or off duty anywhere within the state and the provisions of Code Sections 16-11-126 through 16-11-128 shall not apply to the carrying of such firearms.

(d) A prosecution based upon a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 need not negative any exemptions.



Look like you do not need a ccw but I would get one anyway. It is not a big deal.

Norm

[GlockJeeper]

norm that is the section I am talking about. I have applied for my CCW liscence but would like to carry until then. If the law says I can i will. I was just wanting to ask some other folks that may have experience with it.

[Byron]

Glockjeeper, as you know I am a former resident of the GREAT STATE of GEORGIA. Be patient for the permit. The PC people that are in the court sytems will try and make it tough on you if you had to use it. GA is quick for turn around time. The military could make it hard on you especilally if you get one of those who do not think anyone should have a firearm. Byron

[Norm357]

Contact the state AG. It's a free call:D

[Lennyjoe]

I was stationed in Georgia for 6 years (Moody AFB) and carried without a CCW permit.

I went thru the same dilema you did. So I talked to the folks at the Lowdnes County Sherrifs dept about the situation.

They informed me that if I dont have a CCW It would be benificial for me to at least have a copy of 16-11-130 along with me while I was carrying.

So I did. Never had any problems cause no one ever knew I was carrying.

If you dont feel comfortable, then by all means wait on your permit.

[Lone_Gunman]

You know, I am all for everyone who wants a gun to be able to carry it concealed, but selectively exempting the military from the laws of the rest of us serfs is just stoopid.

I can't think of any reason why a service man out in town should need, or be allowed to have, a gun, if everyone else can't.

[Norm357]

I can't think of any reason why a service man out in town should need, or be allowed to have, a gun, if everyone else can't.




It is because most military members are not residents of the state they are stationed. (At least according to the Clayton County Sheriff)

Norm

[Lone_Gunman]

Norm,

Your statement doesnt answer the question.

Instead of just letting military people carry guns without the limitations the rest of the citizens have, they should still make them get non-resident permits.

[Norm357]

Ga does not have non reident permits.





How deep in Georgia are you anyway? :D

[Lone_Gunman]

Yes I know that norm, but they need to permit them in some way, if the rest of us have to be permitted.

Otherwise, we have seperate rules for civilians and military.

And I am pretty dang deep by the way. Its south of 285, so you Atlantans would not recognize it as GA.

[keederdag]

Get out the Ca boy, NOOObody cut's and run's on Sheriff J.W. Pepper. hey you look mo like a sow dan a boar to me boy!Sqeeeel piggy, Sqeeeeeel.:D

[GlockJeeper]

Lone...it isn't just military that is exempt. There is a list of about 30 different offices, etc. that are exempt. Check out the post further up.

Lone_Gunman---"I can't think of any reason why a service man out in town should need, or be allowed to have, a gun, if everyone else can't."

Everyone else CAN have a gun. What are you saying?? Everyone else didn't have to have an extensive background check before they got their job either!!

Maybe they feel that because I work my A$$ off to protect OUR right to carry a gun that I should be able to carry one in the state I live in.

[Lone_Gunman]

GlockJeeper,

I dont mean this in a bad way, but you, and everyone else in the military, are still just citizens.

I don't care whether you dig ditches or command an army; every is supposed to have the same rights, and no offense but that is one of the things the military is supposed to be defending as well.

I realize it is not just the military that is exempt. Some if not all of the people on that list above should not be exempt either.

Everyone else can have a gun, thats true, but they can't carry it concealed. The law apparrently allows a military person to carry a gun concealed without having to obtain a permit.

You would be surprised also how many people have to have background checks for their jobs, but then still can't carry.

[greyhound]

Remember that there is legislation afoot to allow nationwide CCW for LEOs. I wonder if they are trying to use the military carry laws in some states as a precedent? It seems to be a hot topic in the gun culture, generating 100+ posts on another gun board.

I, for one, had no idea that some states allowed military personnel to carry without a CCW.

Personally, I'm for equal status for all, but for some reason (I have no facts or anything), military folks carrying doesn't bother me as much as nationwide LEO carry. Yes, its probably mostly jealousy, I have to admit.:(

[Heat Miser]

any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order: The applicable part of the law is the "when authorized" clause. Is that a gray area, sure, but when authorized usually means when acting in official capacity, in uniform, on mission, etc... I am sure you will never find a base commander that thinks that his boys are authorized to carry while out trying their luck with local ladies.

[C.R.Sam]

quote:
--------------------------------------------------------------------------------
any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:
--------------------------------------------------------------------------------

I read that to say that the folks on the list PLUS anyone else who is authorized by fed or state law, reg or order.

The word OR makes the difference.

Sam