Car Gun Laws

Discussion in 'Off-Topic' started by Greg, Jan 2, 2007.

  1. Greg

    Greg Active Member

    ok, the reasons for carrying a car gun aren't in questions here :squint: But I've heard few different stories on the laws of carrying a gun in the vehicle.

    Is it legal to carry a loaded or unloaded gun between the seats?
    Does it have to be in the trunk or glovebox?
    Does it have to be unloaded?
    Do you have to have a permit?
     
  2. keeganxt

    keeganxt Active Member

    http://www.georgiapacking.org/law.php

    Didn't read it to summarize, but I've been to the site before and has been very resourceful. From what my friends have said, once you get a permit then you can have a loaded gun just about anywhere in the car. Police may not like it and may ask why you have it loaded, but it's not illegal. Anyone know any different?
     
  3. Alex

    Alex Community Founder Staff Member

    Why limit yourself to those options? Pull a James Bond and make your car the gun!
     
  4. crashtke

    crashtke Member Supporting Member

    Let me preface this by saying this is my personal views on the gun laws as they were when I was a police officer. I am in no way advocating carrying a gun for anyone and you are responsible for any choices you make, but :

    Can be in the glovebox or the center console. Does not have to be unloaded, no permit necessary. Under or between the seats are a no-no. Plain view is fine, trunk is fine. You must be OVER 21 for a handgun. Rifle, I am not real sure on except plain sight (no guns racks in the suby please).

    From the above mentionend site, although who knows when it might have been updated, just like my information:

    This code section does not forbid the carrying of a loaded handgun in any private motor vehicle by a person who is not licensed, but also who is not prohibited from possessing a firearm, in an open manner and totally exposed to view or in the glove compartment, console, or any other similar closed compartment. A person who has a license issued under code 16-11-129 may carry a loaded handgun in any location, openly or concealed, in the vehicle. (This section does not address the legality of carrying a loaded rifle or shotgun in one's motor vehicle. I would assume that if you have a license then you would be fine, but use common sense and caution)Violation of this code section is a misdemeanor for a first offense and a felony for a 2nd or subsequent offense.(16-11-126; Carroll co. probate court)

    Carrying a pistol without a license Not only must a person have a license to carry a concealed firearm, but you must have a license to carry a handgun, openly or concealed, outside of your own home, place of business, and motor vehicle. (In order to be exempt from carrying a pistol without a license at your place of business, you MUST either be the business owner or be a lead manager or the person who is in complete control of the business if you are not the owner. "Regular" employees are not exempt unless they have written permission from the person in control of the said business to carry a pistol.) Again your own home and business applies to the land to which it is located on, but ONLY if the land is owned by you. If you are carrying a handgun to or from your home or place of business and cross over any property not owned by you, then you would be in violation of carry a pistol without a license if you did not have a license. This law only applies to carrying handguns and does NOT apply to rifles or shotguns, so a person could carry a rifle or shotgun openly, not concealed, in public and not be in violation of the law. The only exception to this law is 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. Violation of this code section is a misdemeanor for a first offense and a felony for a 2nd or subsequent offense.(16-11-128, Carroll co. probate court)

    Basically to carry a handgun openly or concealed in the state of Georgia, you must have a Georgia Firearm License issued under code 16-11-129 and the handgun must be carried in any type of holster or any other securing device.
     
  5. slowwrx

    slowwrx Supporting Member

    I carry a handgun in all my vechicles, its alway loaded and cocked...with the safety on. I keep min in the glove box or center console and I have never had any problem when I have been pulled over.

    Personal opinion below.

    There is no reason to carry a gun unless you are prepared to shoot someone with it.
     
  6. My understanding of the Ga. law is in a holster in plain sight or put away in some kind of compartment.( glove, console, trunk.etc) With a concealed carry permit any where in a holster in their car.
     
  7. moose

    moose Infina Mooooooose!

    Carry permits are cheap and easy to get, much better to just get one and avoid the technical details. :)
     
  8. Greg

    Greg Active Member

    What is the process to get a CCW permit?
     
  9. ccw permit.go to probate court in the county where you live.there is like 3 fees.(i think it was around 60$+/-) you have to get fingerprinted and full gbi and fbi background check and one other thing i cannot recall.I did it first in 2000 (y2k paranoia) and then renew for 15$ every 5 years.?If you google a few key words i am sure you can get the specifics. try gaprobate.org
     
    Last edited: Jan 2, 2007
  10. GTscoob

    GTscoob Black is Beautiful

    :bowdown::bowdown::bowdown:

    Just found out 2 minutes ago that my grandpa gave me a handgun as a late Christmas present, about to go downstairs and find out the details.
     
  11. Greg

    Greg Active Member

    Someone else just told me that in the state of Georgia, your car is now an extension of your home, so it can be loaded and hidden anywhere in the car legally without a CCW permit... Is this true or false?
     
  12. False.(as far as I know). Your car was always considered an extension of your home. That is why you could keep a gun in it in the first place. But the locations are the same as I stated before.Again a gun can be loaded in a holster in plain sight as long as you have no arrest record and are 21.
     
    Last edited: Jan 3, 2007
  13. slowwrx

    slowwrx Supporting Member

    If you get pulled over with a loaded weapon anywhere but, youre trunk, glove box, or center console you are probally going to jail, cops really don't like that.
     
  14. Greg

    Greg Active Member

    How do they define plain sight... Could a holster be mounted on the console by the driver's right leg?
     
  15. Unfortunately after talking to several different officers from differing agencies there is a lot of varied understanding of these laws.I would think a holster on the console would depend on how visible it is.I have a friend who was stopped and had a holstered pistol that was partially hidden -the end of the barrel was down between the seat and console. The state trooper said it was illegal but let him go with a verbal warning(also a verbal warning for speeding)
     
  16. crashtke

    crashtke Member Supporting Member

    Unless ya got a concealed carry, it better be VERY visable...as in laying on the seat next to you. You put it tucked in a seat and you can get in trouble. That was one that had specific case law backing it. Best just to keep it in the center console or the glove box and be done with it.
     
  17. Nitro

    Nitro Active Member

    i keep my glock on the passenger seat in plain view.........if i have a passenger with me i usually just put it in the glove......do remember if pulled over <as soon as the officer walks up> a simple how u doing officer? & i just want to let you know that there is a firearm in the vehicle...........will go a long way.
     
  18. crashtke

    crashtke Member Supporting Member

    He is 100000% correct!
     
  19. Greg

    Greg Active Member

    I agree on that, but if you forget its there and go for your registration and he sees the gun... I bet you can see where that would go
     
  20. cannarella

    cannarella Member

    As quoted, if you do not have a CCW it can be in plain view, glove box, or center console if you are not forbidden to have one. You can't have it under the seat or on you. Only in the places that the statute states.

    This is pretty much what the documentation said when I got my CCW.
     
  21. moose

    moose Infina Mooooooose!

    Please don't ever go by what 'somebody said' or what you read on some Internet forum. Firearms legislation is not something you want to dink around with; play very strictly by the rules as much as you possibly can. Do note that the rules are up for interpretation which can really be a mess if things go bad--the ATF for instance has refused to give a definite answer to questions I have asked them in the past, and only offer an 'opinion' (they make that very clear).
     
  22. crashtke

    crashtke Member Supporting Member

    While it is an extension of the home in some ways, that is not one of them...in your home you can have a gun anywhere you want with no permit, just not so in the car. I have seen officers arrest people for having a gun under the seat and not telling them it was there. As for the glove box, yeah not great, but then just keep the registration in the center console or the gun in the console and the registration in the glove box...it's really not a big deal. Besides, as mentioned above, first thing you should do when pulled over it let them know you have a gun in the car...if you "forget" you will have some explaining to do! While if it is in a legal place there is not much at all they can do, you will still end up having a road side chat.
     

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