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  1. #1
    Retmilleo909 is offline Banned
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    Georgia soldier deprived of 4th. amendment rights by deputy sheriff.

    http://www.metrospirit.com/index.php...11712084357501

    In a settlement filed in District Court on Dec. 4, the Richmond County Sheriff’s Office admitted violating an Augusta man’s Fourth Amendment rights by seizing and holding his firearm. The settlement brings closure to a bizarre case that is equal parts highbrow constitutional philosophy and lowbrow absurdity.
    According to information contained in the consent order, a Richmond County Sheriff’s deputy was making a routine patrol of the Kroger parking lot on Washington Road when he was waved down by a customer who indicated a man carrying a firearm was inside the store acting in a bizarre and obnoxious manner.

    Exctract from article: In Georgia, having a military ID gives you the same exceptions as a police officer, so Stone contends seizing Mead’s firearm is no different than seizing a firearm from a police officer.

    I was in the military and LE for 30 years in Georgia and this is news to me...I didn't know off duty military personnel had the authority to carry a weapon concealed or openly in Georgia and if I was in this deputy's shoes I probably would have seized his weapon till I got the matter clarified through Hqtrs.
    I can understand where an MP or possibly a member of the infantry having the authority under certain conditions, but not a medic or someone in the signal Corp. I would be afraid to work LEO in a military town in Georgia today where any drunk having a military ID could be packing a concealed weapon.

  2. #2
    Norm357's Avatar
    Norm357 is offline Corporal
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    Almost anyone who works for the Government can carry a gun without a permit in GA.

    Here is a complete list direct from the state.

    .C.G.A. § 16-11-130
    Exemptions from Code Sections 16-11-126 through 16-11-128

    (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;

    (4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract;

    (5) District attorneys, investigators employed by and assigned to a district attorney's office, assistant district attorneys, attorneys or investigators employed by the Prosecuting Attorneys' Council of the State of Georgia, and any retired district attorney, assistant district attorney, district attorneys investigator, or attorney or investigator retired from the Prosecuting Attorneys' Council of the State of Georgia, if such employee is retired in good standing and is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system;

    (6) State court solicitors-general; investigators employed by and assigned to a state court solicitor-general's office; assistant state court solicitors-general; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said provision of the Constitution;

    (7) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;

    (8) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon;

    (9) Chief probation officers, probation officers, intensive probation officers, and surveillance officers employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the "State-wide Probation Act," when specifically designated and authorized in writing by the director of Division of Probation;

    (10) Public safety directors of municipal corporations;

    (11) Explosive ordnance disposal technicians, as such term is defined by Code Section 16-7-80, and persons certified as provided in Code Section 35-8-13 to handle animals trained to detect explosives, while in the performance of their duties;

    (12) State and federal trial and appellate judges, full-time and permanent part-time judges of municipal and city courts, and former state trial and appellate judges retired from their respective offices under state retirement;

    (13) United States Attorneys and Assistant United States Attorneys;

    (14) County medical examiners and coroners and their sworn officers employed by county government; and

    (15) Clerks of the superior courts.

    (b) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect persons who at the time of their retirement from service with the Department of Corrections were chief probation officers, probation officers, intensive probation officers, or surveillance officers, when specifically designated and authorized in writing by the director of Division of Probation.

    (c) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any:

    (1) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired deputy sheriff is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47;

    (2) Member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation or retired member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees' Retirement System;

    (3) Full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that is registered or certified by the Georgia Peace Officer Standards and Training Council; or retired law enforcement chief executive that formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or

    (4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that is registered or certified by the Georgia Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired employee is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system.

    In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, active or retired law enforcement chief executive, or other law enforcement officer referred to in this subsection shall be authorized to carry a pistol or revolver on or off duty anywhere within the state and the provisions of Code Sections 16-11-126 through 16-11-128 shall not apply to the carrying of such firearms.
    AG opinion...

    To: Judge May 9, 1997Probate Court of Houston County


    Re: Under Georgia law, active duty military personnel are exempted from the requirement of a firearms permit. The exemption is not limited to the performance of military duty. These personnel may, upon request, obtain a firearms permit if otherwise qualified. Their dependents may be issued a permit if otherwise qualified only upon establishing residency in this state. Law enforcement officers are also exempt from the requirement to obtain a permit.

    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.
    In your third question, you ask if active duty military personnel may, notwithstanding the exemption, apply for and be issued a firearms permit. Permits may be issued only to a resident of this state whose domicile is in the county of application. O.C.G.A. § 16-11-129(a). Generally, military personnel are not residents of Georgia and thus they were not eligible for the permits under a former version of the statute. See 1976 Op. Att'y Gen. U76-71. Under the current statute, however, an active duty member of the armed services who, although not a domiciliary of this state, resides in the county or on a military reservation in the county may nevertheless obtain a firearms permit if otherwise eligible. O.C.G.A. § 16-11-129(a). Thus, it is my unofficial opinion that a member of the armed services may, provided that he is otherwise eligible for the permit, apply for and be issued a firearms permit notwithstanding the fact that he is not domiciled in Georgia.
    Your fourth question concerns the residency requirements for an active duty military applicant. Under the plain language of the statute, a member of the armed services may, if otherwise eligible, obtain a permit if he resides in the county of application or on a military reservation located in whole or in part in that county at the time of application.

    Fifth, you inquire regarding the eligibility of a spouse for a permit. As noted supra, military personnel (and their dependents) are generally not residents of Georgia and thus the dependents are not eligible for the permits. See 1976 Op. Att'y Gen. U76-71. However, this is not an ironclad rule; a member of the armed services may choose to establish a domicile in Georgia and, if this is done, the member's dependents would be eligible for a permit if otherwise qualified. In making a determination of residency, the Probate Judge should consider such factors as payment of Georgia income or property taxes, place of residence, registration to vote, registration of automobiles, whether the dependent is licensed to drive by this state, and other similar factors. See, e.g., 1981 Op. Att'y Gen. U81-26. If satisfied that the dependent has established residency in this state, the Court may consider the application for a firearms permit.
    Finally, you have inquired about the scope of the exemption from the concealed weapon, public gathering, school zone, and license provisions applicable to full-time peace officers. Peace officers are exempted from these provisions by O.C.G.A. § 16-11-130(a)(1). The scope of the exemption is the same as that for active duty military personnel. Thus, it is my unofficial opinion that the exemption for peace officers is not limited to their duty hours.
    In sum, it is my unofficial opinion that active duty military personnel are exempt from the requirement of a firearms license. The exemption is not limited to military activity on the military reservation. Although not domiciled in this state, active duty military personnel may nevertheless obtain a firearms license if they are otherwise qualified. Dependents of military personnel are not eligible for a firearms license unless the Probate Judge first determines that they have established domicile in that county. Full-time peace officers are entitled to the same exemption as are active duty military personnel.
    Prepared by:
    NEAL B. CHILDERS
    Senior Assistant Attorney General
    dlefdal said:
    Ummmm, what if I don't like thumbs in my butt?

  3. #3
    MacLean's Avatar
    MacLean is online now O/R Gun mod
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    Military people are excepted in Washington as well, although the wording is imperfect.
    I'm your huckleberry...

    Quemadmoeum gladis nemeinum occidit, occidentus telum est!

    You can be the weapon, and the gun in your hand is a tool - or the gun is a weapon and you are the tool.


    I was looking for a saint who was a devil of a lover,
    but every girl I found was either one way or the other...



  4. #4
    bayern's Avatar
    bayern is offline Officer First Class
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    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

    The laws of the state of Georgia (or any other state for that matter) do not extend outside the borders of the state. CCW are only valid in the state issued or if there is reciprocity with the state you are carrying in. The key in this case, I believe, " is authorized by federal law. The only Federal Law concerning the carrying of weapons (in this case anyhow) is HR 218, which ALL Military Personal do not come under. You might argue MP, CID, etc. They can carry while performing their duties, no other time.

    Opinions???

  5. #5
    IndianaFuzz's Avatar
    IndianaFuzz is offline Policeman Perry fan club
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    Quote Originally Posted by Retmilleo909 View Post
    I would be afraid to work LEO in a military town in Georgia today where any drunk having a military ID could be packing a concealed weapon.
    Well in most places, ANY idiot (that doesn't get excluded because of criminal record) can go get a gun permit for their state. So whether or not we ever realize it, there are tons of utter morons around us that are packing heat, while sober or drunk. Scary thought.
    CHIRP! CHIRP!

 

 

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