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Thread: HB60 vs Georgia Weapons Carry License vs Law Enforcement Officers Safety Act of 2004

  1. #1

    HB60 vs Georgia Weapons Carry License vs Law Enforcement Officers Safety Act of 2004

    This is for jlw or other knowledgeable LEOs. If one is a qualified retired LEO, with a GWCL, what is the penalty for inadvertently carrying a concealed firearm into a store (private property) etc., that has a "Gun Free Zone" style sign outside? Will the "carrier" simply be asked to take the firearm outside? Is there a civil or criminal penalty? Will there be a forfeiture of the GWCL? etc.? I know a properly concealed handgun will usually go undetected unless used it is used in self defense, etc.

  2. #2
    Member HeadHunter's Avatar
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    Quote Originally Posted by Little Creek View Post
    This is for jlw or other knowledgeable LEOs. If one is a qualified retired LEO, with a GWCL, what is the penalty for inadvertently carrying a concealed firearm into a store (private property) etc., that has a "Gun Free Zone" style sign outside? Will the "carrier" simply be asked to take the firearm outside? Is there a civil or criminal penalty? Will there be a forfeiture of the GWCL? etc.? I know a properly concealed handgun will usually go undetected unless used it is used in self defense, etc.
    Signs have no force of law in Georgia. All they can do is ask you to leave. If you refuse, then it's criminal trespass.
    When I give private lessons, if I need to demo, I use the student's gun. That way they don't think I'm using a tricked out SCCY to be able to shoot well.

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    Quote Originally Posted by Little Creek View Post
    If one is a qualified retired LEO, with a GWCL, what is the penalty for inadvertently carrying a concealed firearm into a store (private property) etc., that has a "Gun Free Zone" style sign outside?
    The penalty for you should be exactly the same as it is for everyone else.

  4. #4
    Quote Originally Posted by Alpha Sierra View Post
    The penalty for you should be exactly the same as it is for everyone else.
    I agree.

  5. #5
    Quote Originally Posted by Alpha Sierra View Post
    The penalty for you should be exactly the same as it is for everyone else.
    Are you equally good with the requirements for that LEOSA ID also be exactly the same for everyone who wants to carry a concealed firearm?
    Just a Hairy Special Snowflake supply clerk with no field experience, shooting an Asymetric carbine as a Try Hard. Snarky and easily butt hurt. Favorite animal is the Cape Buffalo....likely indicative of a personality disorder.
    "If I had a grandpa, he would look like Delbert Belton".

  6. #6
    Quote Originally Posted by nyeti View Post
    Are you equally good with the requirements for that LEOSA ID also be exactly the same for everyone who wants to carry a concealed firearm?
    Nope.
    Last edited by Little Creek; 07-31-2014 at 10:05 AM.

  7. #7
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    Quote Originally Posted by HeadHunter View Post
    Signs have no force of law in Georgia. All they can do is ask you to leave. If you refuse, then it's criminal trespass.
    I think there are some problems with the "signs have no force of law" arguments made about a number of states. Generally these statements are referring to the fact that there is not a separate crime for carrying into a location with a specific type of sign, but that is not the limit of criminal liability that could result from the sign. I'd have to look at Georgia's notice requirements for criminal trespass, but the sign itself could be sufficient notice to alert someone that carrying a firearm on the premises would result in a trespass in the same way a "no trespassing" sign would.

    This is even more of a problem in a number of states where the state law makes a permit invalid on private property where the property owner prohibits firearms. Again, the issue becomes one of sufficient notice, but a sign could lead to a violation of the prohibition on carry without a permit in these states because a permit holder carrying into a signed location could technically be seen as carrying without a permit.

  8. #8
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    Quote Originally Posted by Little Creek View Post
    Nope. The LEOSA requires qualification within the last year of the course of the agency one retired from, if the agency will do it, or the POST standards course of the state in which one lives. The GWCL does not require qualification. with the recent passage of HB60, where is the rub? Google the LEOSA and read it and compare it to the GWCL and HB60.
    I think nyeti was referring to the comment on a person carrying on LEOSA creds should be subject to the same restrictions as a person carrying on a "normal" license/permit.

    Getting the GWCL was definitely a good idea because there are a number of problems that can arise from carrying solely on LEOSA creds (primarily state prohibited places and the GFSZA).

  9. #9
    Quote Originally Posted by joshs View Post
    I think nyeti was referring to the comment on a person carrying on LEOSA creds should be subject to the same restrictions as a person carrying on a "normal" license/permit.

    Getting the GWCL was definitely a good idea because there are a number of problems that can arise from carrying solely on LEOSA creds (primarily state prohibited places and the GFSZA).
    The LEOSA does not authorize the carry of firearms on private property against the owners wishes. My inquiry is about the penalty for an inadvertent violation, failure to see the sign, etc. I believe the penalties apply equally to both LEOSA and GWCL. It does not matter whether I agree or not. If I become aware of a restaurant that is a gun free zone, I will just spend my money somewhere else. I do believe in the 2A as written and am a Life member of the NRA.

  10. #10
    Site Supporter ST911's Avatar
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    Stuff like this is why I retain a home state permit, a wide-coverage non-resident permit like UT, and LE creds. Pick the most advantageous umbrella to carry under for the time and place you need it or are scrutinized.
    الدهون القاع الفتيات لك جعل العالم هزاز جولة الذهاب

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