AD Military exempt from CCW?

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buffdriver

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There's a thread going on over a GlockTalk about some states allowing AD military to carry without a CCW. The example used was Georgia. I'm curious to know what other states have similar laws. Packing.org didn't mention anything for NV, my current domocile. Anyone an expert on these "loopholes"? Especially NV. Thanks.

BD
 
Before carrying with nothing more than active duty ID, I suggest contacting the state attorney general, in the state on which you are planning on carrying, to get the official interpretation of the statute. Better safe than sorry.
 
I am active duty military, and AFAIK there is no excemptions for CCW in any state. I do not live in Georgia, but I would still get the license to be safe. I agree with DMF and contact the local state attorney general for info. go to the source (and possible prosecuter :rolleyes: )

On the side note, I don't think that it would be a good idea for military to get the exemption. I have worked with many young adults in the army, and I sometimes did not feel safe around them. Not everyone would be ideal for carry, and I would like to have them take the required classes (if required for your state) and make the mental choice to carry. If they just had the option to carry without any effort, then they would be more of a danger than a help in a tough situation.

my .02 cents worth

pwolfman
 
Georgia does in fact have a right to carry for Active Duty stationed in Georgia. I confirmed this with the Lowdnes County prosecuters office as well. I carried without a license when I was stationed there. I will dig up the regulation allowing it and post it here. I was advised to have a copy of this regulation with me while carrying cause the majority of LEO's there did not know of it.

As for other states, I am not aware of it.
 
Found it.

Link; http://www.legis.state.ga.us/legis/GaCode/Title16.pdf

16-11-126.
(a) A person commits the offense of carrying a concealed weapon when such person
knowingly has or carries about his or her person, unless in an open manner and fully
exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of
offense and defense, or any other dangerous or deadly weapon or instrument of like
character outside of his or her home or place of business, except as permitted under this
Code section.


16-11-127.
(a) Except as provided in Code Section 16-11-127.1, a person is guilty of a misdemeanor
when he or she carries to or while at a public gathering any explosive compound, firearm,
or knife designed for the purpose of offense and defense.

16-11-128.
(a) A person commits the offense of carrying a pistol without a license when he has or
carries on or about his person, outside of his home, motor vehicle, or place of business, any
pistol or revolver without having on his person a valid license issued by the judge of the
probate court of the county in which he resides, provided that no permit shall be required
for persons with a valid hunting or fishing license on their person or for persons not
required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport
shooting when the persons have the permission of the owner of the land on which the
activities are being conducted; provided, further, that the pistol or revolver, whenever
loaded, shall be carried only in an open and fully exposed manner.

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;
 
I wonder if that section might be interpreted by an overzealous/politically motivated prosecutor to mean an individual carrying a weapon in the course of his or her duties. Just something to be careful of...
 
Speaking as someone that can prosecute (ie. Art 15's), I would not recommend testing that without license. Conceal carry is punishable under article 134 with a max sentence of BCD, 1 year confinment and loss of all rank and pay.

As they say, do what your rank can afford...Military law is different than civilian law. Military judges can twist that law too.

pwolfman
 
Is that if your caught carrying concealed on base?

I would not carry concealed on any base. Most all bases has regs in place that deny concealed carry on base.
 
When I was in the Army, anybody that lived in a barracks had to have any personal weapons (rifles, shotguns, handguns) registered with the Provost Marshal and the weapons had to be secured in the unit arms rooms. And concealed carry on a reservation was prohibited unless specifically authoized by the Provost Marshal or base commander. IIRC, even MP's could not carry concealed. Only CID detectives could carry a concealed weapon when working in civilian clothes.

Living in quarters on base, we had to have weapons listed with the Provost Marshal and it was recommeded that they be in secure storage.
 
Lone_Gunman, that's jealousy talking, not reason. :) (Not that I blame you, natch.) But, the theory is that soldiers are just as much Good Guys as CHL people.

Anyhow, I believe the phrasing in Texas law includes something along the lines of, "...when under orders to be carrying arms." IOW, not the same status as a CHL person.

Ergo, to wit and therefore, it behooves a GI to check the laws in whatever state he's stationed or is traveling through...

:), Art
 
There is a opinion written by the GA AG.

I don't have the link on the ship, I'm at work. But there is a link to a website with the opnion posted. I bet if you asked on Packing.org, someone could post that link.
The opinion, IIRC stated that Active duty military were covered without a CCW. This was due to the vague wording of the statute in that it did not specify "in the performance of duties" as it does in many states.
One catch, that does not apply to on-base as that is Federal Property. So don't even try there.
I have to get back to work, E-5 evals are due to chief soon
 
This is an UNOFFICIAL OPINION from the GA AG Office, it is not law.
The actual law is very short and somewhat ambiguous, it just says persons in military service of the state or the United States, doesn’t specify active duty while in the official discharge of his duties etc… this opinion is nothing more than that, just an opinion and has no weight in a court of law in GA. This will not stop a prosecutor from pressing forward with any charges you have filed against you.
It appears that the AG feels that all military personnel are lumped into the same category as all local and state LEO in regards to CCW w/o a license.
If your willing to spend several nights in jail while all this gets hashed out cause you decided to carry w/o a license in GA then go for it, I cannot guarantee that you will encounter a cop who has read this, agrees with this or just doesn’t care either way.

This unofficial opinion is issued in response to the questions you have raised concerning the proper application of O.C.G.A. § 16-11-130 to military and law enforcement personnel. For clarity, I have set forth each of your questions and responded seriatim.
First, you have inquired if active duty military personnel are exempt from the permit requirements. The exemptions are set forth in O.C.G.A. § 16-11-130. I note that this Code Section exempts certain persons from "Code Sections 16-11-126 through 16-11-128." Thus, persons so exempt are exempted not only from the requirement of a permit to carry a firearm (O.C.G.A. § 16-11-128), but are also exempt from the provisions regarding the carrying of concealed weapons (O.C.G.A. § 16-11-126), carrying deadly weapons to or at public gatherings (O.C.G.A. § 16-11-127), and carrying weapons within school safety zones or at school functions (O.C.G.A. § 16-11-127.1) But see O.C.G.A. § 16-11-127.1(c)(3), which appears to limit the exemption to persons actually participating in military training programs.
Under prior versions of this statute, it was clear that the exemption applied only to the performance of official duties. See, e.g., Talley v. State, 129 Ga. App. 479, 481 (1973); 1987 Op. Att'y Gen. U87-28. However, at that time the exemptions applied to these persons while engaged in the pursuit of official duties or when authorized by law. Since that time, the statute has been amended. Official Code of Georgia Annotated § 16-11-130(a) now provides that the exemptions apply to "persons . . . employed in the offices listed below." Persons in the military service of the State of Georgia or of the United States are among those so listed. O.C.G.A. § 16-11-130(a)(3). Thus, it is my unofficial opinion that active duty military personnel are exempt under Georgia law from the requirement for a firearms permit.
Secondly, you have asked if the exemption is limited to the performance of military duties on the base. As noted above, under the current version of the statute, persons so employed are exempt; the statute no longer limits the scope of the exemption to the performance of official duties. Thus, my response to your question is in the negative.
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An A.G. opinion does not carry any force in the legal system. It is just that, an advisory opinion, written by a Deputy A.G. who did some research on the issue. I know, because I've requested an opinion for the Ohio A.G. before. It came back, we didn't like what it said, so we ignored it and went on. At best, it is someone's "best guess" as to how a judge might interpret a law.

Be careful if relying on one. It might not save you when you need it to.
 
I did carry concealed for the last 6 months I was in Georgia under the provisions noted above. I felt I was well within my right to do so.

But if I was stationed there again I would definitely get a Georgia CCW permit.
 
It is a moot point.

Things that make the law, even if it is allowed, a moot point:

- It is illegal to transport or possess a firearm or dangerous weapon onto any federal installation unless it is in the performance of official duties. I know guys who went to Court Martial over ammunition, transporting a firearm (locked up per California state standards), and a knife with a blade exceeding 4.5 inches. One stopped on base for gas. (going home from the range) Another had his diving gear in the trunk. (knife)

- A lot of military live on base.

This makes it totally impractical, although there are procedures for owning firearms and still being able to keep them on base. It involves filling out the right paperwork to reserve a place in the base armory; notifying the gate guard ahead of time that you are transporting to/from the base so you may get an escort; and just a general pain in the butt because the armory may have funky hours or guys who like handling your collectibles. MPs aren't always excited about driving you and your Ruger Mark II .22 to and from the gate, either.

"That scratch and nick was there when you checked it in, man."
"I was just about to go off shift. Next time don't show up at a quarter to 4."


Bill in SD
 
That's a bunch of *@&$^

Ya know, we throw M-16s, and Pistols, etc. into the hands of these kids, tell them to go fight for our freedoms, and then take theirs away! I realize there is a security issue, but C'mon...how many times has the burger king on base( or Post for all you ground pounders ;) ) been robbed?
 
Birukun,

I'm in the Air Force. I've lived in the dorms. I've read the rules for housing.

The extent of the rules (for the Air Force), seems to be:
1. Weapons have to be stored in the Armoury if you live in the dorms. This included(when I was in), guns, bows&arrows, non-cooking knives over 3.5"(but my 6" deboning & chefs knives were just fine), air guns(including paintball), etc. The problem that's coming up is that the Air Force reading of the rules is that they HAVE to provide 24 hour access and storage for anything legal they prohibit at the dorms. Thus at many bases they're running out of room due to the popularity of paintball. So I've heard of some places waive the requirement for paintball guns.
2. Firearms have to be registered if you live in housing.
3. Transport is unloaded & secured. IE in the trunk, cased, or something. Inside the cab of a pickup is prefered over the back of the truck, as they'd rather the legal owner have easier access than thieves.
4. No firearms in TLF, or left in vehicles overnight. I was looked at funny when I informed the gate guards that the trunk contained a firearm. Apparently they don't require that here. Didn't in Colorado either, but I'm always on the paranoid side. The armorer wasn't too happy when I checked my gun in, because they really didn't have the paperwork set up for temporarly storage. It requires a commander's signature to "de-register" a gun when an airman moves off base (but doesn't require said signature to register it). Solution: Paperwork wasn't filed, and disappeared when I checked my gun out three days later. :)

The army/navy must be alot more anal about it.
 
I am sorry I should have also prefaced my post with the Navy and Marines being the focus of my info. The Marines are definitely hard about this, but their armory may be more amicable to personal storage. The Navy? well, it is not exactly their thing. The Marines, like the Army, live, eat and breath with their guns.

We have one or two major bases around here, that I now frequent as a civilian and reservist. After being in the Navy for 10 years, I learned that I could trust about half of my comrades with firearms, and the other half were questionable. The other half were not bad folks, they just did not like guns. They were in for the travel, not the firepower. Nothing worse than a gun in someone's hand that was honestly afraid of it.

It is nice to hear other places are at least a little more livable, maybe the Marines and Navy will figure it out someday.

Bill in SD
 
Heck, we even have/had a shotgun club on base.

Of course, the local rifle club is banking because the base firing range is closed down for renovations, so training is being done at the club's outdoor range for a fee of something like $200 a day.

Not too expensive for the Air Force, but it adds up over time for the club... It's like three member's dues everytime the AF goes to shoot there. And they have to clean up. :cool:
 
That reminds me.....

MCAS Miramar had, yes had, an outdoor rifle and pistol range. It was on the East side of the base. I never went.

- hours were not exactly clear on when they were open
- I was already extremely uneasy about going on base with firearms
- they eventually were restricted to pistols
- I believe it has since been shut down, but information on it is scarce.

Bill in SD

I forgot to add that we did some skeet shooting off the back of the ship in the Red Sea, but the Navy has probably gotten away from that now....
 
A lot of military live on base
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As did I for the last 4 years. I got here in 2000, got my CCW in 2001 and have been living in base housing and carrying CCW ever since. (recently moved off base so now its a non issue)

I had to fill out the appropriate form and then take it to the orderly room. Also didnt have to store anything in the armory. I kept all my weapons in base housing with me. It was not illegal to do so. Just had to properly store them.

When I went off base I loaded the pistol after I exited the installation and then unloaded prior to entering base. I have been stopped several times for random inspections and every time I had my CCW with me. I told them where the pistol was and that I am licensed to CCW in Arizona. "Thats fine" says the SP's and did their search. Yep, found the pistol right where I told them and the mags were in another spot. They never handled the pistol or mags.

On my way I went.

Now living in the dorm, thats a different point. Your required to do the ole store the weapons in the armory bit and check them out whenever you want them.

That drives the armory nuts when I go TDY to Texas. I always take my CCW with me and check it in when I arrive and check it out anytime I go off base for whatever reason. Keeping the weapon in billeting is also illegal. I have kept guns in my car while staying in billeting but would advise against it long term.

Find out the regulations for your installation and stick to them.

Now, I am assuming the original question was military and CCW off base, So I answered the question for CCW off base.

Best
 
Lone_Gunman, that's jealousy talking, not reason.
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Well, I already have a firearms permit in GA and can carry concealed, so how can I be jealous?

It is not jealousy. It boils down to just creating another class of citizen that have special priviledges.

An off duty soldier in McDonald's is no more or less justified in carrying a weapon than the guy in the back flipping the burgers.
 
Speaking as AD svm, Lone Gunman is right. Besides, as someone pointed out already, just because they're in the military doesn't mean they can shoot handguns. The average grunt is a rifleman.

IMHO, not even retired LEO should get free CCW. They're not cops anymore. But I understand that some piss alot of ppl off over their career.
 
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