Georgia Purchase and CCW Laws

[Redtruck18]

I've been looking into purchasing a handgun for the past few months now, and have just recently gotten serioiusly interested in it. I initially pushed the notion off due to one reason... my age. After much research i came upon the georgia law books online and read the law regarding handgun ownership, and it simply states that you must be 18 to legally own a firearm. No distinction for handguns or rifles. I am aware that federal law prohibits a FFL from selling handguns to persons under the age of 21, but does the law apply to private sales? I also read in the Georgia law about being able to be gifted a handgun by a relative (I.E. Parent). My main concern is twofold, first off i want to make sure i am within all of my legal rights, and second off, if i do proceed to purchase from a non-FFL individual, i want to be able to accuratly assure them that it is perfectally legal.

The second part of my question concerns Georgia laws on concealed carry. I understand that to obtain a CCW license, you must be 21 years of age, which of course automatically excludes myself. However, after a bit of reading through the Georgia online law book I came across section O.C.G.A. § 16-11-130, which states that :

"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;

Now code sections 16-11-126 through 16-11-129 are the laws that deal with carrying a weapon concealed in the state without a permit being illegal. So, with myself being currently employed by the United States Navy in an active duty status, stationed at Fort Gordon, Georgia, and according to the above quote directly from the most recent revision of the law book, I am exempt from being required to have a CCW in order to carry a handgun. If I am in any way misinterpreting these laws, or if someone on here has any tidbit of additional information regarding my situation, please let me know. While it is my desire to be able to carry a concealed weapon, it is not in any way, shape, or form my desire to violate any laws, be them federal or state.

Thank you in advance for your help,
Joe

[blume357]

but I think you are correct in all your interpretations.


As a side note... the limiting of citizens to certain rights between the ages of 18 thru 20 is unconstitutional in my opinion. If you are old enough to serve and defend this country then you should have the full rights of a citizen.

And thank you for your service.

[Redtruck18]

Unfortunatly thats the way things run, i can be issued and carry a handgun, but can go buy one myself. While it makes no sense, im fairly certain that I have found a means to pursue my desire of owning a handgun, and by the time i rotate to a new base, i'll be 21 and no longer need to be concerned with the laws regarding age limitations. If anyone else has any input on this topic please share, i'm trying to ensure that i cover my bases 100% on this topic before purchasing and carrying.

Thank you for your post, and thank you in advance for all future posts in this thread,
Joe

[blume357]

who is legally allowed to own and sell it.

In all honestly I would personally be reluctant to sell to someone below the age of 21, I'm an old geezer now. but with that said, I would be less reluctant to sell to a member of the armed forces.

[ScottRiqui]

I would talk to a gun-knowledgable lawyer about the specifics. Regarding subsections (2) and (3) in the Georgia code you quoted, other states have similar laws, but have an added phrase to the effect of "while in the performance of their duties".

The Georgia Code obviously doesn't have the same wording, but the question may have already been asked and answered in Georgia case law.

[blume357]

but if an 18 year old can legally own a gun in Georgia and the poster is living in Georgia then he can legally purchase a gun from another person from GA.

One thing the ATF does do is not make a lot of rules for what they consider your state of residence. Yes, FFLs want all kinds of paper work... but the way I read the ATF sight... you are a resident of a state when you are living there and that is it..... you can thus be a resident of more than one state even.

[Redtruck18]

Thanks so much for all the advice and information, i believe that i have enough confidence on this matter to do exactly what was reccommended, talk to a lawyer. I'm fairly certain that there are clinic's held on post regarding gun ownership and laws regarding such, so i may find out who teaches that, and try and get some more clear answers that way. Once again thanks so much for the help, and if anyone has more info or advice, please share.

Joe

[MSgt G]

Yes, persons in the military can carry in Georgia - open or concealed. We do not have a CCW, but rather a Georgia Firearms License (GFL). You do NOT have to be doing work or anything else related to the military in order to carry.

More more info check out www.GeorgiaCarry.org.

[GunDawg]

Since when does Ga not have a concealed handgun permit? And what is GFL?
Grew up in the great state of GA, i had a CHP for years, never heard of a GFL.

Now im serving in Mass. Had a nice conversation with the Chief of Police in my town about getting a CHP, he asked why i needed it, he didnt find the "carry a gun because a cop is too heavy" very funny, i think he thought i was talking about his weight. Headed back down to Va this summer, they practically encourage you to carry.

[NavyLT]

GFL is Georgia Firearms License. It is a license to carry a handgun either concealed or openly. Not sure when GFL came into existence in Georgia, but currently Georgia does not have a Concealed Handgun Permit.

[scorpion_tyr]

Just reading around and saw this post. Now I'm curious. Every state law that I've looked at said something to the line that military personel must be acting on orders to carry without a permit (where CCW's are a must).

So if I'm active duty military and just passing through GA, I don't need to be on orders or anything, I can CC with no permit or anything?

[NavyLT]

So if I'm active duty military and just passing through GA, I don't need to be on orders or anything, I can CC with no permit or anything?

CORRECT. GA National Guard would be able to as well, whether or not in a duty status, as well as a reserve component of a US military service.

[scorpion_tyr]

Thanks for the info! Nothing against any of you, I'm still not going to do it until I see it in black and white for myself, but at least I know where to look!

[Redtruck18]

I'm fairly confident in my findings now, and after going to the local courthouse and having a conversation with a deputy, I have been assured that I am within my rights both by owning and carrying a handgun without being 21 or having a permit. Thanks so much for all the help.

Joe

[NavyLT]

I'm fairly confident in my findings now, and after going to the local courthouse and having a conversation with a deputy, I have been assured that I am within my rights both by owning and carrying a handgun without being 21 or having a permit. Thanks so much for all the help.

Joe

That's awesome, sometimes LEO will tell you their personal opinions, especially when they are against something, sounds like you got the straight answers! But also a lot of times you can't really blame LEO for being wrong now and then, there are volumes of laws and statutes and nobody can be expected to know them all.

[T-MAN1984]

Yea I hate when you bring up CCW in some conversations they ask why do you need to carry a firearm? I hate that! lol I mean if you think about it why not? (guess I'm that glass half full guy, or is it empty?) I bet that statistically most crimes last no longer than 3 mins tops! (I could be wrong) Even if the police were called when the crime started they still may not get there in time to possibly save your life.
Back on the subject you should be able to purchase a handgun when you are 18, but any possesion other than transport may not be eligable till 21. Although being in service may be an exemption (probably only off base on your own time)
I read awhil back that in PA you dont need a permit to carry an un-concealed firearm over the age of 21. I could be wrong those ATF rules and regs are confusing. I am basing this off of PA law which sounds similar to your state I could be way off though, it differs

[Redtruck18]

Depending on what I am able to affirm with the local LEO's, I plan to carry a printed copy of the law in my wallet to dissuade any confusion, and to my knowledge most LEO's around here have direct access to the lawbooks, so by simply having a copy which they can obtain the code to verify with their own books I should be able to avoid any hassle. My last question is going to be about obtaining the firearm, would i be able to purchase from a private seller, say, for instance on this forum, and have the firearm shipped to an FFL? Or would any handgun dealings with an FFL, even if he was simply a stop in the middle for legality sake regarding shipping, require me to be 21? Once again, thanks for the answers in advance.

[NavyLT]

You have to be 21 for any involvement with an FFL at all regarding the handgun. You are basically limited to buying one Face to Face from another GA resident - as in really meeting face to face! It is legal for the seller to ship the handgun directly to you, WITHIN the state of Georgia, but the problem will be that neither UPS nor FEDEX will do the shipment, so you would have to find a Georgia local shipping company to do it.

[Redtruck18]

Well, here's my update... I'm now the proud owner of a CZ 75 B which my father was so kind as to purchase brand new and give me for my birthday. Put 50 rounds down it this morning, and am in absolute love. Now to upgrade grips, and find a holster. Thanks so much for the help and guidance.

[NavyLT]

AWESOME! I am just waiting to see how my divorce works out, but a CZ75 or Taurus PT-92 is going to be my next purchase. I found out the soon-to-be-ex sold our collection of 13 firearms for $4,000 including the PT-92, a S&W .460 full size revolver, 30/30 Thompson Contender, Stag Arms AR-15. Of course, no word to me that she was doing so, only found out about it at trial.

[vranasaurus]

AWESOME! I am just waiting to see how my divorce works out, but a CZ75 or Taurus PT-92 is going to be my next purchase. I found out the soon-to-be-ex sold our collection of 13 firearms for $4,000 including the PT-92, a S&W .460 full size revolver, 30/30 Thompson Contender, Stag Arms AR-15. Of course, no word to me that she was doing so, only found out about it at trial.

And some people wonder why divorces lead to murders!

As to the original post I find it odd that Georgia law doesn't state that the people have to be acting in their official capacity for the exemption to apply. Considering most states have a military exemption but require servicemembers to be acting in an official capcity Georgia's law has to be a little unique.

On another note does anyone find military performance of duty exemptions from firearms laws unnecessary? If the federal government authorizes a member of the military to carry a firearm the state has no say.

US Constitution Article VI Clause 2:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The only case where it may be necessary is when the NG is acting under state authority.

[NavyLT]

As to the original post I find it odd that Georgia law doesn't state that the people have to be acting in their official capacity for the exemption to apply. Considering most states have a military exemption but require servicemembers to be acting in an official capcity Georgia's law has to be a little unique.

On another note does anyone find military performance of duty exemptions from firearms laws unnecessary?

Yes to both. I think Georgia laws are completely unique in the absence of "in an official capacity" limiter. AND I don't think there is any need in state laws to have that exception anyway for the reasons you mentioned.