Guns 101, part III: The Law
Part I: “Evil Guns”
Part II: “Why”
When it comes to talking about firearms laws, there’s really only one you have to worry about… err, make that 50! State laws currently are the governing force to what you can and cannot do with a firearm; federal laws pretty much just prohibit silencers and fully automatic weapons, though those are attainable with the proper permit and a lot of patience.
One of the best sites I’ve found for deciphering state gun laws is Packing.org (go here to select your state and view the laws specific for where you live). For purposes of this post, I’ll be focusing on Georgia’s statutes.
In Georgia, it is not necessary to obtain a permit in order to own a firearm; in fact a permit is not even necessary for you to carry a gun in your car. The license allows for you to carry a concealed weapon on yourself or in your car with certain places being off limits (such as schools, most government buildings, churches). The ambiguous part of Georgia’s laws that can get quite confusing is this whole “public gathering” stuff.
For instance, if you’re at a mall or grocery store or any sort of private business, you are legally permitted to carry a concealed weapon. However, if an “event” is going on, such as a concert, fashion show, or something that is free to the public, then it becomes a public gathering and a concealed weapon is not allowed. Even if that business has a sign stating “No firearms”, unless it is of a particular type that cites state or federal code, you are still permitted, by law to carry a weapon in there; they are also permitted, by law, to ask you to leave (it is a private business).
Now that you (sorta) know where you can carry, let’s address what you can and can’t do. Georgia law is based on the Castle Doctrine; simply put, if someone is trespassing in your home, you can reasonably believe that they are there to do harm to you or your family and you may use whatever force is necessary to remove the threat. The law also applies the same idea to when you are in your car; it’s when you’re in public that things get a little trickier.
Recently, a law was passed that has been called the “Stand your Ground” law – simply, when presented with a threat in a public place you are not required to attempt to retreat before you use deadly force to defend yourself (interestingly, there was no duty to retreat before this law was passed). Just remember that the threat must be immediate and harmful. Johnny Redneck flipping you off is not a threat; when he starts walking toward you with a bat or knife, that’s a threat.
That’s about all I’ll really say about the legality of owning a firearm. There is plenty more to be said about possessing a firearm within the letter of the law, but it’s a pretty dry subject. That said, it’s still no excuse – you need to know the laws regarding guns in your state (or any other state you travel to) as good as if not better than any law enforcement officer. Next up: we revisit the 4 Gun Commandments before we get to the fun part – deciding what to get!
Part II: “Why”
When it comes to talking about firearms laws, there’s really only one you have to worry about… err, make that 50! State laws currently are the governing force to what you can and cannot do with a firearm; federal laws pretty much just prohibit silencers and fully automatic weapons, though those are attainable with the proper permit and a lot of patience.
One of the best sites I’ve found for deciphering state gun laws is Packing.org (go here to select your state and view the laws specific for where you live). For purposes of this post, I’ll be focusing on Georgia’s statutes.
In Georgia, it is not necessary to obtain a permit in order to own a firearm; in fact a permit is not even necessary for you to carry a gun in your car. The license allows for you to carry a concealed weapon on yourself or in your car with certain places being off limits (such as schools, most government buildings, churches). The ambiguous part of Georgia’s laws that can get quite confusing is this whole “public gathering” stuff.
For instance, if you’re at a mall or grocery store or any sort of private business, you are legally permitted to carry a concealed weapon. However, if an “event” is going on, such as a concert, fashion show, or something that is free to the public, then it becomes a public gathering and a concealed weapon is not allowed. Even if that business has a sign stating “No firearms”, unless it is of a particular type that cites state or federal code, you are still permitted, by law to carry a weapon in there; they are also permitted, by law, to ask you to leave (it is a private business).
Now that you (sorta) know where you can carry, let’s address what you can and can’t do. Georgia law is based on the Castle Doctrine; simply put, if someone is trespassing in your home, you can reasonably believe that they are there to do harm to you or your family and you may use whatever force is necessary to remove the threat. The law also applies the same idea to when you are in your car; it’s when you’re in public that things get a little trickier.
Recently, a law was passed that has been called the “Stand your Ground” law – simply, when presented with a threat in a public place you are not required to attempt to retreat before you use deadly force to defend yourself (interestingly, there was no duty to retreat before this law was passed). Just remember that the threat must be immediate and harmful. Johnny Redneck flipping you off is not a threat; when he starts walking toward you with a bat or knife, that’s a threat.
That’s about all I’ll really say about the legality of owning a firearm. There is plenty more to be said about possessing a firearm within the letter of the law, but it’s a pretty dry subject. That said, it’s still no excuse – you need to know the laws regarding guns in your state (or any other state you travel to) as good as if not better than any law enforcement officer. Next up: we revisit the 4 Gun Commandments before we get to the fun part – deciding what to get!
posted by misawa at 8:36 AM
0 Comments:
Post a Comment
<< Home