# Under 21, legal to carry handgun?



## JohnBenoit09

Just got my first handgun today, Beretta m9. I am under 21 so I have no carry permit. I have read the law many times, but I still want to make sure I'm ok. I am in college and will keep the pistol in my room as HD. This is legal correct? I will travel from my home at college to my house in my hometown. Can I carry the pistol in my vehicle with me? From what I understand, even though I am under 21, I can still have possession of the handgun in my home and vehicle only if it is not concealed.

As for having the handgun in my vehicle, what is the correct way to "carry/store" the handgun? In the holster inside glove compartment loaded(only clip, not chamber)? In holster inside glove compartment unloaded with the clip and ammo separate from the handgun? By separate does that mean, ammo/clip need to be in center console, while the handgun is in the glove compartment? Which one is correct or is there another way? I want to make sure I am legal while I have the pistol with me. 

This was purchased (by father) with intent to use while on the farm. I understand that I am allowed to have the handgun on me while on the farm only if it is completely visible. I also want to have it at my home while at college for safety, but in order for that I must transport it in my vehicle. I will mostly likely never keep it in my truck except when I travel. So besides my truck and homes, the only time the handgun will be out and about will be at our farm back home. 

Can someone clear this up, since I have yet to find a complete answer online. I've read the laws over and over, but I rather be safe than sorry. If I am wrong, I will more than happy to just leave it at home, but just for safety I rather have it with me at college. God forebid I ever have to use it as protection from someone, but I rather be alive.Thanks

*Please understand I am not an idiot teen who is going to show it off to all my friends. I am responsible and know how to safely handle firearms.


----------



## germag

As I understand the laws, (which is definitely subject to error), the ONLY thing that you mentioned that is legal for you (unless you are active duty military, or engaged in hunting or target shooting activities) is carrying open on your farm property.


----------



## ScottD

First - if you are 18 or over -(not a minor ) these rules apply



O.C.G.A. § 16-11-126
Carrying a concealed weapon
(a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, knuckles whether made from metal, thermoplastic, wood, or other similar material, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.

(b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows:

   (1) For the first offense, he or she shall be guilty of a misdemeanor; and

   (2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years.

(c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person's clothing, or a handbag, purse, attache case, briefcase, or other closed container. Any person having been issued a license to carry a concealed weapon pursuant to Code Section 16-11-129 shall be permitted to carry such weapon, subject to the limitations of this part, in all parks, historic sites, or recreational areas as defined by Code Section 12-3-10 and in all wildlife management areas.

(d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition.


That last part (d) says you cannot transport a loaded firearm in your vehicle unless you are eligible to have a license.  So if you are under 21 you are not eligible and therefore cannot carry it loaded.  Must be in a case separated from ammunition.

You didn't say if you were over 18 - but here is what an under 18 year old can do.

Possession of handguns by minors; Minors (persons under the age of 18) are NOT allowed by Georgia law to possess handguns unless the following exceptions apply:

   1. Attending a hunter education course or a firearms safety course.
   2. Engaging in practice in the use of a firearm or target shooting
   3. Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group
   4. Hunting or fishing pursuant to a valid license if such person has in his or her possession such a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the pistol or revolver, whenever loaded, is carried only in an open and fully exposed manner (no concealing of the firearm)
   5. Traveling to or from any activity described above, provided that firearm is carried in a unconcealed and unloaded fashion.
   6. Any minor who is on real property under the control of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a firearm.
   7. Any minor who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a pistol or revolver for the purpose of exercising the rights authorized in Code Section 16-3-21 or 16-3-23. (self defense laws, listed further down the page)
   8. The exceptions DO NOT apply to any minor who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such person were an adult.

(It appears as if GA law, even though prohibits minors from possessing handguns except as provided above, does not prohibit minors from possessing rifles and shotguns, unless they have been convicted of a felony or forcible misdemeanor. Under GA law, children under the age of 13 cannot be considered or found guilty of any crime.) (16-11-132, 16-3-1) 


Lots more good info here http://www.georgiapacking.org/index.php


----------



## ScottD

Now that all the legal stuff is out of the way.  Most guys go to the bar for their first legal booze the day they turn 21.

I went to the probate court.

Even if you are legally transporting the firearm while under the legal permit age, you are asking for trouble if you do anything that even hints at being improper.  I would only transport the firearm in a locked gun case with the ammo separated.  No holster, no glove box, no loaded magazine close by...you are asking for it.  Some LEO's may not know all the laws to a "t" (they are complicated).  All they may see is some "kid" driving around town with a gun.

You said "while away at school"  - probably illegal there also.

In other words - probably leave it at home till you turn 21 and get your gfl.  If you make a mistake, you may never get your GFL.


----------



## JohnBenoit09

Thanks alot. I am 19 and I live off campus, so I will not have it on campus. Basically, I was going to wait and purchase the gun for myself when I turn 21, but I couldn't wait any longer and went ahead and got it. As of now, this gun will only be used for target practice and to have around the farm (snakes,etc...) and will only see the public once I turn 21 with permit. 

(d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition.

That last part (d) says you cannot transport a loaded firearm in your vehicle unless you are eligible to have a license. So if you are under 21 you are not eligible and therefore cannot carry it loaded. Must be in a case separated from ammunition.

So, I can have the handgun in my vehicle ONLY if the handgun is in a case separated from ammo? If I have the gun in a case (small safe), in my back seat, out of reach(for more legal security), and I have the clips with ammo in the front glove box, then that is ok and legal, since ammo and gun are separate?

I guess to make it simple to understand.
-I am leaving my parent's home.

-I place the handgun in a case in my backseat (out of reach to be safe).

-The ammo and clips are separated from gun in front glove box or anywhere.

-I arrive at my home (away from campus) at college.

-I take the handgun directly inside my home to my safe.

Out of the process above, would any action be illegal?

If it begins to be complicated and too risky, I'll just leave the handgun home and rely on my 12ga for HD while away at college.


When turning 21, purchasing alcohol maybe nice to some individuals, I am way more excited to be able to recieve my GFl.


----------



## Richard P

Please join GeorgiaCarry.org soon.  Enjoy your 9mm while on the farm property.  While awaiting your 21st you can use some of that time to evaluate your next purchase.


----------



## chewy32

Yea I was about to say just get a 12 ga till I read ur last post.


----------



## JohnBenoit09

Looks like its too risky. I'll just keep it for around the farm use only. Thanks.


----------



## Ga Sportsman

The shotty would make for better home defense anyway......

And, just for the record, they are "magazines" not "clips"


----------



## WTM45

ScottD said:


> In other words - probably leave it at home till you turn 21 and get your gfl.  If you make a mistake, you may never get your GFL.



Very wise advice.


----------



## Twenty five ought six

JohnBenoit09 said:


> Thanks alot. I am 19 and I live off campus, so I will not have it on campus. Basically, I was going to wait and purchase the gun for myself when I turn 21, but I couldn't wait any longer and went ahead and got it. As of now, this gun will only be used for target practice and to have around the farm (snakes,etc...) and will only see the public once I turn 21 with permit.
> 
> (d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition.
> 
> That last part (d) says you cannot transport a loaded firearm in your vehicle unless you are eligible to have a license. So if you are under 21 you are not eligible and therefore cannot carry it loaded. Must be in a case separated from ammunition.
> 
> So, I can have the handgun in my vehicle ONLY if the handgun is in a case separated from ammo? If I have the gun in a case (small safe), in my back seat, out of reach(for more legal security), and I have the clips with ammo in the front glove box, then that is ok and legal, since ammo and gun are separate?
> 
> I guess to make it simple to understand.
> -I am leaving my parent's home.
> 
> -I place the handgun in a case in my backseat (out of reach to be safe).
> 
> -The ammo and clips are separated from gun in front glove box or anywhere.
> 
> -I arrive at my home (away from campus) at college.
> 
> -I take the handgun directly inside my home to my safe.
> 
> Out of the process above, would any action be illegal?
> 
> If it begins to be complicated and too risky, I'll just leave the handgun home and rely on my 12ga for HD while away at college.
> 
> 
> When turning 21, purchasing alcohol maybe nice to some individuals, I am way more excited to be able to recieve my GFl.



Here's sort of the simple answer.  

Look at the time and research you had to do to get the correct answer.  It's good that you were able to come to the same conclusion.

Now ask yourself, how many cops do you think have taken the same time and done the same research?  If you are lucky, they will take the time to do it while you are in the lock-up, and before they mistakenly charge you with some crime.

It may be a bitter pill to swallow, but doing every thing that you can legally do is not always the best course of action.


----------



## LaRue

Ga Sportsman said:


> The shotty would make for better home defense anyway......
> 
> And, just for the record, they are "magazines" not "clips"



I really wanted to say this....But I felt it would be mean.

The clips thing was getting on my nerves.


----------



## jackdaniels

My advice is go to the Probate court in your home county and ask your questions there.You have lived without a GFL for 19 years now.Don't risk losing your rights and having to go the rest of your life without rights plus the cost and heartache it will cause you and your love ones.Take the 2 years and build up your equipment (gun's, ammo,holsters,cleaning supplies,home shooting range,knowledge,etc.That part is half the fun of the sport of shooting anyway.The 2 years will fly by as you in joy the time you spend working towards that big day.Then have at it hot and heavy.Be safe           JD


----------



## EMC-GUN

Ga Sportsman said:


> The shotty would make for better home defense anyway......
> 
> And, just for the record, they are "magazines" not "clips"





Good point.. Also it's a shotgun and not a "shotty" 50 cent.....


----------



## Ga Sportsman

EMC-GUN said:


> Good point.. Also it's a shotgun and not a "shotty" 50 cent.....



At 6'1" and right at 300, I think I qualify for at least a whole dollar!!!!!!

At least "shotty" is lingo for the same thing......"clip" is not even the correct gun part being referred to.


----------



## JohnBenoit09

Thank you for correction on the magazine. I wasn't thinking correctly.


----------



## JohnBenoit09

Ok, I have read this law many times and no matter how I try to look at it, I still understand that I am correct. My dad read the law just like I did and agrees with me. I called our Probate Judge and asked him how he read/saw the law. The way I interpeted the law was that I could have possession of the hand gun even though I am under 21 without a GFL under certain guidelines. He confirmed that I am legally allowed to have the handgun in my truck as long as it is in a locked case separated from the ammunition and magazine. 

So, just for everyone's knowledge, I am allowed to have the handgun with me at my home away at college, in my truck, and on my side while at our farm. I am very happy to finally have this taken care of.


----------



## Twenty five ought six

So, just for everyone's knowledge, I am allowed to have the handgun with me at my home away at college as long as you live off campus, in my truck as long as your truck is not on campus while the gun is in it..

Those two qualifications are not changed under the new law.


----------



## Garcia Mitchler

JB09, sorry this is a long post, but I'm retired and bored 

1. the M9 is an excellent choice for your first hg, it was my first semi (had a Ruger Bisley). 

2. make sure you learn the weapon, and learn to shoot it well. Pay special attention to safety. 

3. excellent advice on here. Now, I am a believer that one does their family a disservice (actually endangers them) by not being armed - at all times... but until you are 21 you are inviting trouble if you carry it in your truck as a routine, lock box or not. I'm hearing more and more reports of young officers who do not fully understand the gun laws. It will be a bear to get any weapons charges dropped once they are filed by an ignorant LEO.

4. change your user name on here. One needs to be careful what they tell about their gun possessions. Crooks could see that you have one and target your dorm room while your away... and other classmates etc. may not share your same views and tattle, creating all kinds of unnecessary attention... Right now I could google your name and surface this post.

5. Last, I know first hand of a guy who had things turn south with stupidity... a friends son got in an argument with his girlfriend, things were said, and she called the cops. They immediately went to his house, and "just to be safe" confiscated his handgun. But it did not stop there... the gf stated "_my boyfriend hunts with his father, and he has guns too, and my bf stays with him on the weekends, and..._", so they went to my friends house and again, "just to be safe", forced the father to open up his safe, took ALL of his guns, threw them in a large plastic trashcan, getting them scratched up (a few Citori's, alot of expensive bolt actions, collectibles, and some family relics) and off they went. It took months for him to get them back, because the PD "_doesn't give confiscated weapons back, what if you later killed someone with them... we would be liable..._"

Ok, ok, ok, now this happened in NJ... my point is twofold -

1. don't think for a minute that there are not municipalities in GA that do not think like they do in NJ REGARDLESS of our recent laws Purdue signed - some Police Chiefs and Sheriffs DO NOT CARE. Do your research - in not so recent history some of the most blatant violations of the 2nd Amendment have happened in GA, some even made national news. 

2. this illustrates how fast stupidity can ruin not just yours, but others day. Ironic thing is my friends son was cleared of wrongdoing, he never threatened her. But she played that fiddle for all it was worth. 

All it would take is for a friend or acquaintance to see you get mad, and now that everyone knows you bought a handgun, go "tell" someone that your are a danger now... "_well you know, he got mad at his professor, and he DOES have that handgun..._"


----------



## JohnBenoit09

I cannot stress how much I appreciate everyone's concern about this ordeal. I agree 100% with what each of you have said. I have been raised around guns my entire life and would never treat a gun like a toy or show off item. I have seen alot of people my age screw up during my time, which has forced me to always think things over and over again before acting. I'm nothing more than a regular kid, but I do have my EagleScout, I guess that may show I stay out of some trouble. As for people thinking I may have a gun via online, I would say most of everyone who knows me could tell you that. Maybe not in my possession ever until 21, but I do have a slingshot.

"I rather be tried by 12 than carried by 6."


----------



## Bamafan4life

Also are you in your parents vehical? im not sure but wouldnt that count as being under there supervision. i think a minor can handle a handgun in the home even if a parent or guardian is not at the house. so would it apply to a vehical the parent owns?


----------



## Michael F. Gray

The statute has been cited above and appears clear and concise. If you are carrying in a vehicle I would suggest in the trunk locked in a case. In most states if it is inside the vehicle and readily assessable it is considered concelaed. This is the result of both statutes and sustaining Court rulings. Don't know what college you attend but most do not allow firearms on campus. I would get the policy in writting before carrying a weapon on campus, even in the trunk of your car. 
Good Luck


----------



## dertiedawg

From SB 308
(8) A weapon possessed by a license holder which is under the possessor's control in a motor vehicle or which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school;"

Be very careful if you have it in your vehicle, or anywhere on school property... it is a felony:
(2) Any license holder who violates this subsection shall be guilty of a misdemeanor. Any person who is not a license holder who violates this subsection shall be guilty of a felony


----------



## JohnBenoit09

I do not live on school property, nor do I park on school property. I also wouldnt have it in my truck when I would be on school property. The last thing I want to have happen is to be kicked out of college.


----------



## fishbasket

> Originally Posted by Ga Sportsman
> 
> And, just for the record, they are "magazines" not "clips"




copied from this website http://www.gunclassics.com/beretta.html----------Based on the earlier model M1922, the Beretta M9 uses a staggered 15-round clip,


----------



## jo_dawg69

if you are under 21, you cannot carry a concealed firearm. however, with the new changes in the laws, you can carry one in your vehicle, concealed or not. In Ga it is not illegal for a minor to possess a handgun, but it is illegal to carry or conceal a handgun underage. its that simple. straight from the sherriffs mouth.


----------



## MadDawg51

I was discussing this subject a few days ago with a retired officer at a local gun club.  His daughter under age 21 transports (as opposed to carries) a handgun.  His rule is that she always carry a copy of the law with her.  If an officer questions it, she can provide a copy of the law that permits a person to possess and transport a handgun without a permit along with a copy of the law that requiures a permit to carry a loaded handgun.  This may establish that it is acceptable to transport if 18 or over. 

Needless to say, GA has made the laws around guns complicated when they should be simple and offer - If you are a US citizen and haven't done something to cause us to revoke your rights, you can own, transport and carry either openly or concealed a firearm of your choosing.


----------



## dertiedawg

jo_dawg69 said:


> if you are under 21, you cannot carry a concealed firearm. however, with the new changes in the laws, you can carry one in your vehicle, concealed or not. In Ga it is not illegal for a minor to possess a handgun, but it is illegal to carry or conceal a handgun underage. its that simple. straight from the sherriffs mouth.



It IS illegal for a minor (under 18) to possess a handgun except under certain provisions... This is the new code:

(b) Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it shall be unlawful for any person under the age of 18 years to possess or have under such person's control a pistol or revolver handgun. A person convicted of a first violation of this subsection shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than 12 months, or both. A person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and shall be punished by a fine of $5,000.00 or by imprisonment for a period of three years, or both.(c) Except as otherwise provided in subsection (d) of this Code section, the provisions of subsection (b) of this Code section shall not apply to: (1) Any person under the age of 18 years who is: (A) Attending a hunter education course or a firearms safety course;(B) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction where such range is located;(C) Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C. Section 501(c)(3) which uses firearms as a part of such performance;(D) Hunting or fishing pursuant to a valid license if such person has in his or her possession such a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the pistol or revolver handgun, whenever loaded, is carried only in an open and fully exposed manner; or(E) Traveling to or from any activity described in subparagraphs (A) through (D) of this paragraph if the pistol or revolver handgun in such person's possession is not loaded;(2) Any person under the age of 18 years who is on real property under the control of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a pistol or revolver handgun; or(3) Any person under the age of 18 years who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a pistol or revolver handgun for the purpose of exercising the rights authorized in Code Section 16-3-21 or 16-3-23.(d) Subsection (c) of this Code section shall not apply to any person under the age of 18 years who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such person were an adult."

Dont trust everything you hear from the Sheriff.


----------



## tv_racin_fan

fishbasket said:


> copied from this website http://www.gunclassics.com/beretta.html----------Based on the earlier model M1922, the Beretta M9 uses a staggered 15-round clip,


 
"*B*ased on the earlier model M1922, the Beretta M9 uses a staggered 15-round clip, and an open slide design that's easy to clear and clean, as well as allowing for manual loading of a single round if the magazine is damaged or missing."

Interesting that they call it a clip and a magazine in the same sentence. Personally THEY can call it mud if THEY like it doesn't make it so. I also do not really care what YOU call it. The simple fact is you put the ammo into a clip and insert the clip into the integral magazine of my Garand and you put the ammo into a magazine and insert that into my Kahr K9.


----------

