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Concealed carry in ga parking lots

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lovin_it_strong

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I live in GA and i know that i can't carry into restraunts that serve alchohol. i also know that case law says that includes the parking lot of places that serve. my question is, what if i'm not going to the restraunt but still have to park in the parking lot? for instance at strip mall type place that may have a restraunt in it but i'm going to the store next to the restraunt. or at a mall that might have a ruby tuesday or something that else that serves alcohol in it? thoughts?
 
I would think that if you're in the common parking lot and don't go to the bar/restaurant there's no problem.

That's only an opinion.
 
"i also know that case law says that includes the parking lot of places that serve."

Have you confirmed that? I don't think that is the law.
 
First off, I am not a lawyer, and legal advice obtained over the internet is worth exactly what you pay for it.

Anyway, in Hubbard v. The State of GA in 1993, the GA Supreme Court ruled that the parking area on the grounds of and in close proximity to a public gathering is itself a public gathering, and therefore carry would be prohibited. I do not know of any case law directly relating to a restaurant serving alcohol and the parking lot thereof, but it seems reasonable to assume that if one prohibited area's parking lot is off limits, they all are.

Just my opinion.
 
(c) “A person is guilty of a misdemeanor when he carries to or while at a public gathering any ... firearm.... For the purpose of this Code section, ‘public gathering’ shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises,” OCGA § 16-11-127(a), (b). (Indentation omitted.) Appellant contends that he was not guilty of carrying a firearm at a public gathering because he did not carry it inside the Lodge where alcoholic beverages were being sold. However, we have held that the offense of carrying a firearm at a public gathering may occur in a parking area on the grounds of and in close proximity to a public gathering. See Farmer v. State, 112 Ga.App. 438(1c), 145 S.E.2d 594 (1965). Moreover, there was testimony from which the jury could conclude that the “younger crowd” who could not go into the Lodge often gathered in the Lodge's parking lot on Saturday nights and that on the Saturday night of the incident a large number of people were gathered there, “hanging out,” eating and talking. From this, the jury could reasonably find that the parking lot itself was the site of a public gathering, so that appellant brought the pistol to a public gathering *144 when he brought it to the parking lot regardless of whether he took it inside the building. See Jordan v. State, 166 Ga.App. 417(4), 304 S.E.2d 522 (1983). Compare State v. Burns, 200 Ga.App. 16, 406 S.E.2d 547 (1991).

Hubbard v. State, 210 Ga.App. 141, 435 S.E.2d 709

That's the whole problem. It's a grey area. Does Hubbard say the Lodge that served alcohol and its parking lot is a public gathering, or the parking lot is a public gathering because of the separate reason that a lot of young people were gathered in the parking lot separate from the Lodge?
 
gtd, sorry. When I said case law i was referring to Hubbard v. The State of GA. I guess I just meant precedent.

However, having read the actual decision in that case that you posted, it seems like the parking lot was a seperate public gathering.
 
I am not positive but I think a law was just passed in Ga that goes into effect on July 1 that allows the carry of a conceled weapon into a a resturant that serves alcohol. I am not sure what all it will include. Oh yeah and though I would not recomend it its a misdemenor.
 
camsdaddy said:
I am not positive but I think a law was just passed in Ga that goes into effect on July 1 that allows the carry of a conceled weapon into a a resturant that serves alcohol. I am not sure what all it will include. Oh yeah and though I would not recomend it its a misdemenor.
Click to expand...

That would be HB89 that was passed by both houses of the General Assembly back in April. Gov. Perdue has until tomorrow to deal with it. If he signs it or ignores it, it will become law on July 1, 2008. If he vetoes it, it’s back to the drawing board for next year.

HB89 makes several improvements in GA’s gun laws:

-Restaurants that earn less than 50% of their revenue from alcohol will no longer be off limits.
-Consuming alcohol while carrying will now be illegal.
-State Parks, WMAs, and historic sites will no longer be off limits.
-Public transportation will no longer be off limits.
-Restrictions on unlicensed car carry will be lifted.
-Licenses will be issued faster.
-Straw purchases will become a state felony (Bloomberg Provision).
-Constables added to the list of those not prohibited from carrying in publicly owned buildings.
-Certain employees who park in certain areas with certain employers can no longer be prohibited from having a gun in their car at work (a convoluted and nearly useless provision brought to you by the NRA).

Here is the official HB89 page: http://www.legis.state.ga.us/legis/2007_08/sum/hb89.htm
 
DJAteOhAte said:
-Restaurants that earn less than 50% of their revenue from alcohol will no longer be off limits.
-Consuming alcohol while carrying will now be illegal.
-State Parks, WMAs, and historic sites will no longer be off limits.
-Public transportation will no longer be off limits.
-Restrictions on unlicensed car carry will be lifted.
-Licenses will be issued faster.
-Straw purchases will become a state felony (Bloomberg Provision).
-Constables added to the list of those not prohibited from carrying in publicly owned buildings.
-Certain employees who park in certain areas with certain employers can no longer be prohibited from having a gun in their car at work (a convoluted and nearly useless provision brought to you by the NRA).
Click to expand...

This sounds very similar to Texas law in these provisions.
 
SO if I am A thief I would hang out in parking lots for EASY money.

DUH, what are these lawmakers doing to us.

GUN FREE zones are worthless.
 
It would be a shame to be killed in a restaurant, or a restaurant parking lot in GA.

I live in GA, figure it out for yourself. This will only get worse after Obama is elected.

Maybe get a black maxpedition, I hear if you put a gun in there they attract little attention, and if someone says "Nice purse", look at it, look back at them and say, "Yes, I hear it's of high caliber."
 
Yes, even more than California. Actually, CA doesn't have that many places off limits. It may be hard to get a permit in most counties, but if you can get one you can carry just about everywhere.

In Georgia, it's easy to get a permit ("shall issue"), but you almost can't use it.

Here's a list of off-limits in Georgia I have compiled:

- Restaurants (sell alcohol).
- Highway rest stop / city / county park bathroom facilities and pavilions (publicly owned buildings).
- On, or even "a reasonable distance from the route" of public transportation, including terminal facilities and bus stops, or terminals of common carriers (like UPS) including the parking lots and "infrastructure relating thereto"--This one is a felony (anti-hijacking law passed after 9/11).
- Churches and church functions, whether on church property or not.
- Sporting events
- Political rallies
- State parks
- Court houses, city / county / state administration buildings.
- Any building paid for or operated by tax dollars. This would include places like the zoo, many museums, etc.
- Schools of any sort, both public and private. It's even worse as a student of a school: A student may not posses a firearm within 1000 feet of the school property. This includes colleges--Driving on the road in front of your college campus with a firearm in the vehicle is a felony.
- Anywhere people are gathered for a particular purpose (ie. a gun show, music concert, etc.).
- Stone Mountain Park. It does not fall into any of the above categories, but has it's own 'sovereignty' as an 'authority' and is exempt from the state preemption law (very complex situation). If discovered carrying in the park, you will be fined and your firearm will be forfeited.
- Parking lots of any of the above!!! Atty. General Opinion - "Finally, I would note that a parking area on the grounds of and in close proximity to an area which is a public gathering is a part of the public gathering and is thus subject to the prohibitions of this Code Section."
- Carry while traveling to any of the above is also prohibited!!! (O.C.Ga 16-11-127 "guilty of a misdemeanor when he or she carries to or while at a public gathering")
Click to expand...

Some of that will change July 1, however. Gov. Purdue signed HB89 today which will greatly improve the situation--it's not perfect, but it's a start and certainly better than things were. As of July 1 we get to carry in:

- Restaurants that get a majority of revenue from food (not bars).
- State parks, including bathrooms. County/city park bathrooms.
- Public transportation
- Civil protection (theoretically) from termination for keeping a gun in the car in employer's parking lots (not really though--the new law is totally toothless in this area).

We're still stuck with the goofy "public gathering" law, and yes, parking lots of "public gatherings" are still off limits.

That's the whole problem. It's a grey area. Does Hubbard say the Lodge that served alcohol and its parking lot is a public gathering, or the parking lot is a public gathering because of the separate reason that a lot of young people were gathered in the parking lot separate from the Lodge?
Click to expand...
Nope, it isn't grey, its solidly black-and white. The Georgia Attorney General said in opinion U96-22 "Finally, I would note that a parking area on the grounds of and in close proximity to an area which is a public gathering is a part of the public gathering and is thus subject to the prohibitions of this Code Section. Hubbard v. State, 210 Ga. App. 141 (1993)."
 
Hang in there. On July 1st you'll be able to carry in restaurants that serve alcohol and the parking lot won't be an issue. Gov. Perdue signed HB89 yesterday.
 
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