Georgians have LOST the right to carry deadly weapons!

G

gkbikers

Inactive
Hi folks. Did the title get your attention?

I hope so, because over the years, the constitutional rights, as set forth in the GEORGIA constitution, have been nullified by unconstitutional state laws prohibiting the carrying of weapons.

RE: " Paragraph VIII. Arms, right to keep and bear. The right of the
people to keep and bear arms shall not be infringed, but the
General Assembly shall have power to prescribe the manner in which
arms may be borne."

Even if you have a Georgia Firearms License and believe you can carry a concealed firearm, you may be mistaken.

I say "may be mistaken," because under the law there are many, many exclusions. You cannot carry to any Public Gathering. The Public Gathering clause is a vague reference to gatherings of people, but also has enumerated places that are off limits such as restaurants that can serve alcohol.

Did you know that in Georgia, if you have a Georgia Firearms License to carry concealed and you drive to a church or any sporting event with a weapon, you are in violation of the law, even without taking the weapon out of your car? Did you know that if your weapon was stolen from your vehicle and you reported it, you could be arrested for carrying a weapon to a Public Gathering?

RE: 16-11-126, 16-11-127, 16-11-127.1, 16-11-128, 16-11-129

Read a Georgia Attorney General's opinion on this matter here: UNOFFICIAL OPINION U96-22 . . . "carrying of deadly weapons to or at public gatherings". Please pay particular attention to the last two paragraphs of this 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. Hubbard v. State, 210 Ga. App. 141 (1993).

Therefore, it is my unofficial opinion that the "public gathering" law, O.C.G.A. § 16-11-127, in addition to the five specific areas, focuses not on the place but the gathering of people, and that the prohibition against carrying a weapon applies to situations "when people are gathered or will be gathered for a particular function and not when a weapon is carried lawfully to a public place, where people may gather." Burns, 200 Ga. App. at 16 (emphasis in original)."

If you intend to carry a weapon, make sure you know of all the enumerated places you CAN'T GO and make sure you don't mistakenly go to a place where people are gathered for a specific function! Is this somewhat vague or confusing?

These laws are not only stupid, they are dangerous. If you are a law-abiding citizen of Georgia and you own a gun, these laws could cause you to become a law-BREAKER, without your knowledge!

Please call and write your state representatives. Here's a link to their web site. Please, get involved! http://www.legis.state.ga.us/
 
You're absolutely right! The constitution of GA only allows the legislature to reuglate the WAY arms are carried, NOT where they are carried. So requiring a permit to carry a firearm is consitutional per GA, but prohibiting "public gatherings", public transportation, state parks, WMA's, and even Stone Mountain own little law aganist mere possession of a firearm is all unconsititutional per GA constitution.

This would be a good case to go before the state supreme court, if they would be interested in hearing it.
 
Hooey, I believe the state of Georgia still owns Stone Mountain (the property, park improvements, etc.). However, a private firm was contracted to run and maintain the park (part of the privatization actions of governer Zell Miller).
 
Stone mountain is privately owned by the Stone Mountain Memorial Association that recieves some state funding . The legislature enacted a law that gave the SMMA the power to organize a municipal law enforcement agency (i.e. Stone Mountain PD) and the ability to enact ordinances, but those ordianances CANNOT be inconsistent or in conflict with state law or the state constitution. The SMMA does have a little ordinance that prohibits handguns anywhere within the municipal boundaries of the park and people that have been caught carrying there have had their gun confiscated and fined.

SMMA's handgun ban ordinance is illegal on 3 levels. 1st) It is illegal per O.C.G.A. 16-11-180, which is state preemption in which the legislature is the only governing body that can regulate firearms in the state. 2nd) According O.C.G.A. 12-3-194.1 which gave the SMMA the powers to enact ordinances, they cannot however enact ordinances "to which no provision has been made by general law and which are not inconsistent with the general laws or the Constitution of this state...." So they are in violation of the law that gave them power to make laws; How ironic?! 3rd) The constitution of Georiga ONLY gives the power to regulate arms to the General Assembly exclusively.

So there you have it. A state funded - privately owned organization that can make laws also breaks them.
 
I’m a Police Officer in GA, yes the gun laws here are weakly written but tell me when was the last time you heard of someone prosecuted for carrying a concealed weapon at a public gathering, while in possession of a valid license?

I’m sure it has happened but it is very rare, probably involved other mitigating circumstances.

I don’t want to get into particulars but the DA who covers the Superior and State court circuit where my jurisdiction is located will not prosecute stand alone weapons charges such as carrying w/o a license, at a public gathering etc… he admits that he just does not have the manpower or the time to fool with such petty stuff, he has rapist, big time dopers and murders to put in jail.

A lot of local judges won’t even hear those types of cases for the very same reason.

GA is pro-gun as a state can be in this day and age (IMHO) we have “decent” gun laws.

They are poorly written but those who ultimately apply them do so carefully in 90% of the state.

The opinion from the Attorney General is an “UNOFFICAL” opinion, which means squat to us in GA. :barf:
 
I don't want seem contrary, :) but I do believe the Stone Mountain Memorial Association is basically a corporation of the state of Georgia, i.e., it is an "authority" of the state and all its assets are held in trust for the citizens of the state of Georgia.

Here's a link to the SMMA (Georgia.gov) web site: SMMA

Stone Mountain Memorial Association

Mission
The Mission of the Stone Mountain Memorial Association is to sustain, enhance, protect, and conserve Stone Mountain Park, its facilities and environs, by striving for excellence through an enriching experience that addresses the area’s historical, natural, cultural, and recreational resources for all our guests.

History
Since the Stone Mountain Memorial Association was created in 1958, by an Act of the Georgia Legislature, many facilities have been built in accordance with the spirit of the Act, and the natural environment maintained in support of the Association’s Mission.

The initial refinement of the Association’s Mission came in 1992 with the development of a Master Plan, which was adopted into State Law in 1995. Further refinement came in 1998, with the privatization of revenue producing aspects of the Park.

For all interested parties, please refer to the laws of the state of Georgia. The Stone Mountain Memorial Association is ultimately controlled by the elected and appointed officials of the state of Georgia. Its assets are not owned by a 'for-profit' corporation, but rather, it is operated as an authority of the state of Georgia. A private company, which IS "for profit" runs the operations of the SMMA for the state of Georgia


The authority does have full police powers as enumerated in the Georgia code, to wit:

Here is some of the language of the law creating and authorizing the SMMA:

O.C.G.A.12-3-194.1.
(a)(1) The association is empowered to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all user and personal conduct restrictions upon the properties and facilities and the persons under its jurisdiction to the extent that such is lawful under the laws of the nation and the state.
(2) In addition to the powers provided in paragraph (1) of this subsection, the association is empowered to exercise the police powers of the state in an area extending not more than 500 yards from the park boundaries adjacent to the entrances and exits, other than entrances or exits adjacent to the corporate limits of a municipality, which are used regularly by patrons attending functions at Stone Mountain Park and in an area extending not more than 500 yards from the tennis center.

O.C.G.A 12-3-194.2.
(c)(1) The properties designated as the natural district on the master plan, as it exists on April 14, 1997, shall be held by the association in trust for the benefit of the present and future generations of the people of the State of Georgia. The natural district shall be put to the designated use or uses which are shown within the master plan as it exists on April 14, 1997, which use or uses are found to confer the best and most important benefit to the public.
 
The best way I can describe Stome Mountain is that it is like MARTA. Created by state legislation, receives some state funding, but privately operated - much like the post office. If you call or email Stone Mountain asing if they are government owned or privately owned they will tell you they are neither.

Regardless, their "gun free" ordinance is illegal per state constiution, per state law and per the resolution that gave the SMMA its ordinance administrating powers.

JSsandi, I too worked some time in law enforcement and agree that some of the DA's and magistrates probably wouldn't bother bringing charges aganist a license holder caught carrying to a public gathering and most of the deputies I worked with wouldn't bother anyone with a permit either. But what about the tough nut john law types? the overzealous ones? the ones that were bullies in high school. Sorry to say that our profession does have those types mixed in amognst good people. All it takes is a run in with one of those to ruin your whole day. But the real problem is the fact that the laws are so vaguely written and that there is no real fine line as to what is right and what is wrong, possibly making an instant criminal out of an otherwise lawful citizen. Wouldn't you agree?
 
criminal offense, not civil

If carrying to a Public Gathering by a GFL'd citizen were simply a matter of receiving a small fine with no criminal charges, I wouldn't have such a HUGE problem with our carry laws. Don't misunderstand me, I would still have a problem, just not such a BURNING one. :)

However, any "good" citizen that breaks the concealed carry law becomes a criminal. I don't think that the good folks of the state of Georgia should have that fact hanging over their heads, even if most LEOs wouldn't care. Like ICP_juggalo said, it is up to the officer that you meet. I don't want to take that risk.

We can all argue over what rights we SHOULD have vs. those liberties we do have vs. the expansion of liberties that we COULD have QUICKLY. However, the bottom line is that something needs to be done NOW. I don't want to wait 10 years for perfection. I want to be able to legally carry my means of self-defense ASAP. Victory is not achieved in one fell swoop. Rather, it is achieved in small increments, whether one refers to a sports contest or a war. I'm willing to gain my Rights a little at a time, if need be, in order to have some non-arrestable ability to protect myself and my loved ones today.
 
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