# Laws about loaded gun in a vehicle in ga?



## Bamafan4life

Hey guys me and my friends have been talking about the gun laws in Georgia and one of my friends says that you cannot have a loaded clip and the rifle even if they are stored seperate, I for one though you could have a loaded gun as long as it was in plain site? Then I've heard you can also have them loaded anywhere in your car? So what are the actual laws on this? And I am talking about without a carry permit


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## paulito

Georgiacarry.org is your best bet. They have all the laws spelled out. Why trust your legality to "opinion" of the internet forums. 

That being said, i believe they made your car an extension of your home a while back so having a loaded weapon is technically ok but don't quote me on that. I however, took the advise of a police officer friend of mine and went ahead and got my concealed carry. Better safe than sorry he said.


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## mtstephens18

I have a ccw and got checked by a federal GW in turkey season a couple of years ago.  He wanted to check my shotgun ( which was not loaded).   I said I technically could have it loaded cause I had a permit right?   But I got the impression that he could have charged me with hunting from a vehicle.   He didn't come out and say it, but that was the impression I got


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## The Longhunter

Bamafan4life said:


> Hey guys me and my friends have been talking about the gun laws in Georgia and one of my friends says that you cannot have a loaded clip and the rifle even if they are stored seperate, I for one though you could have a loaded gun as long as it was in plain site? Then I've heard you can also have them loaded anywhere in your car? So what are the actual laws on this? And I am talking about without a carry permit



You're both wrong.

You can have a loaded gun anywhere in your car as long as you are under no disability from possessing a gun.

Your car IS NOT AN EXTENSION OF YOUR HOME, will people please quit saying this.  You can carry a gun in your vehicle in Georgia because the legislature says you can carry a gun in your vehicle.  They could as easily say you can't carry a gun in your vehicle.


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## Doc_Holliday23

> Carrying Weapons
> 
> Short Version
> Basically, to carry a long gun you do not have to have a license to carry as long as you are not prohibited from owning a firearm. To carry a handgun openly or concealed in the state of Georgia (other than on your property or inside your home, car, or your place of business), you must have a Georgia Weapons Carry License (or the older Georgia Firearm License) issued under code 16-11-129. To carry a knife designed for offense with a blade over 5 inches you must have a Georgia Weapons Carry License (or the older Georgia Firearm License) issued under code 16-11-129. There are exceptions, read below to find out what those are.
> 
> Long Version
> Weapons Carry: You are not allowed to carry a weapon (as defined at the top of this page) without having a weapons carry license unless you fit one of the exceptions below (this is in general, there are some places off-limits to carry even with a Weapons Carry License):
> 
> If you are not prohibited by law from possessing (see the definition under the "Possession" section at the top of this page) a firearm you may carry a weapon on your own property and in your own home, motor vehicle and place of business without needing a valid weapons carry license. (including the property that the business is located on IF the property is owned by the business owner). You do not have to have permission from the business owner in order to be exempt from carrying a concealed weapon without a license at your place of business (however that does NOT mean you cannot be fired for carrying without permission. If you cross any property in transit between your property, car or office then you would be in violation of the law.
> 
> If you are not prohibited by law from possessing a firearm you may carry a long gun without needing a valid weapons carry license. However if it is loaded, you must carry the long gun in an open and fully exposed manner (this exemption is odd, a long gun is not defined as a weapon so I am not sure what law you would be breaking if you did carry a loaded long gun concealed).
> If you are not prohibited by law from possessing a firearm you may carry a handgun provided it is unloaded and enclosed inside a case (There is nothing that defines exactly what unloaded means, to be on the safe side you should assume it means no loaded magazine inserted into the gun).
> 
> If you are not ineligible for a license to carry, you can carry in any private passenger motorized vehicle, provided that the owner (or other legal representative of the property) has not forbid possession of weapons or long guns on the property (the difference between this and the first one is that you can carry in someone else's car provided you could get a GWL and they do not forbid you possessing it in their car).
> 
> If you have a valid hunting or fishing license or do not legally have to have one, you can carry a handgun or long gun while you are actively engaged in hunting, fishing or sport shooting with permission from the owner of the land you are on.
> If you have a license to carry from a state that honors the Georgia Weapons Carry License, as long as you are not a resident of Georgia and you follow Georgia laws while you are here (a map of states that honor the Georgia license is here).
> 
> Violation of this code section is a misdemeanor for the first offense and a felony if a second offense is committed within 5 years of the first. (16-11-125.1, 16-11-126 )
> Note that a long gun is NOT defined as a "weapon" and that not all firearms are covered as a weapon or a long gun (a firearm with a barrel over 12 inches but under 18 inches is not a "long gun" or a "weapon" as it is defined in 16-11-125.1).
> 
> 
> Employment exception: Persons employed in certain jobs (whether at work or off-duty) are exempt from the law above. Jobs such as peace officer, Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense, persons in the military service of the state or of the United States, and others. Please see 16-11-130 for the full list.



http://www.georgiapacking.org/law.php


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## tr21

mtstephens18 said:


> I have a ccw and got checked by a federal GW in turkey season a couple of years ago.  He wanted to check my shotgun ( which was not loaded).   I said I technically could have it loaded cause I had a permit right?   But I got the impression that he could have charged me with hunting from a vehicle.   He didn't come out and say it, but that was the impression I got



 were you on a wma? I know on some wma's you cant have a loaded gun in your vehicle even with a permit (corp of eng.). wma's have their own rules, you can carry a pistol loaded but not a hunting firearm. now I don't know how that would be if you were hunting with a pistol (grey area I guess.


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## sea trout

Every time I ask a law enforcement officer this question I get a different answer!


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## dwhee87

You got a rifle that loads with a clip?


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## hummdaddy

dwhee87 said:


> You got a rifle that loads with a clip?



magazine


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## wareagle700

hummdaddy said:


> magazine



He could be talking about a M1 Garand, which loads with a clip


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## dwhee87

wareagle700 said:


> He could be talking about a M1 Garand, which loads with a clip




just being facetious.


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## wareagle700

dwhee87 said:


> just being facetious.



As was I.


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## tom turkey 2x2

*confused*

after reading  the law I am confused about the  having a pistol in a car. Does that mean I can not have it loaded  inside my truck?  I do not have  a carry permit, but I am legal to  have a pistol.


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## strutlife

Do yourself a favor. Get a concealed carry permit. Cops/police/deputies go to school for approximately 6 months. Not to demean/put down cops, most don't truly know the laws they are supposedly enforcing. Speeding tickets and thefts are pretty much give aways. Lawyers go to school for I believe it to be around 8 years. Lawyers still have to reference other cases and laws to make sure they are correct in how they are presenting something and pleading a case. You can probably rest assure a district attorney has very good knowledge of the law.
Example:  Different subject. I am riding down the road in my truck, with radio on, windows rolled up on a WMA with a turkey diaphram call in my mouth. What was I doing? Practicing. When checked by a DNR officer that day who had seen me doing it questioned me about it. By law, if I am not mistaken, I could've received a ticket for that was what he was trying to tell me. Then you can legally hunt out of the window of your vehicle as long as it's not in motion. Don't understand that. So. I think it would be in your best interest to read the laws, get a concealed carry and carry on. I have noticed that if you are stopped and you inform officer you have a concealed carry, most officer's will handle the situation they stopped you for and send you on your way.


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## mtstephens18

tr21 said:


> were you on a wma? I know on some wma's you cant have a loaded gun in your vehicle even with a permit (corp of eng.). wma's have their own rules, you can carry a pistol loaded but not a hunting firearm. now I don't know how that would be if you were hunting with a pistol (grey area I guess.



Yes I was on a wma and no it was not corp of engineers.   However there are parts of NF land that lays within the wma.   Don't know if that had something to do with it or not


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## The Longhunter

tom turkey 2x2 said:


> after reading  the law I am confused about the  having a pistol in a car. Does that mean I can not have it loaded  inside my truck?  I do not have  a carry permit, but I am legal to  have a pistol.




I really don't know why you would be confused after reading the law, unless you just choose to be so.


As has been stated, in Georgia, if you are not disqualified from possessing a firearm, you can carry a firearm, loaded or not, any where in your vehicle, including on your person.

As long as it stays in the vehicle you are good to go -- taking it in and out of your vehicle has other considerations.

There are other considerations for WMA's, Corp. of Engineer lands, and maybe some other special situations, with which you should become familiar if these are a consideration.


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## tmoore912

Just to clear up info about loaded weapons in vehicles on WMAs with or without a Georgia Weapons Carry License/old GFL:

Here is the code:  http://www.georgiapacking.org/GaCode/?title=27&chapter=3&section=1.1



> *O.C.G.A. § 27-3-1.1
> Acts prohibited on wildlife management areas*
> 
> It shall be unlawful for any person on any wildlife management area owned or operated by the department:
> 
> (1) To possess a firearm other than a handgun, as such term is defined in Code Section 16-11-125.1, during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible or to possess a handgun during a closed hunting season for that area unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129;
> 
> (2) To possess a loaded firearm other than a handgun, as such term is defined in Code Section 16-11-125.1, in a motor vehicle during a legal open hunting season for that area or to possess a loaded handgun in a motor vehicle during a legal open hunting season for that area unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129;
> 
> (3) To be under the influence of drugs, intoxicating liquors, beers, or wines. The determination of whether any person is under the influence of drugs or intoxicating liquors, beers, or wines may be made in accordance with Code Section 27-3-7;
> 
> (4) To hunt within 50 yards of any road which receives regular maintenance for the purpose of public vehicular access;
> 
> (5) To target practice, except where an authorized shooting range is made available by the department, and then only in a manner consistent with the rules for shooting ranges promulgated by the board;
> 
> (6) To drive a vehicle around a closed gate, cable, sign, or other structure or device intended to prevent vehicular access to a road entering onto or within such an area;
> 
> (7) To hunt within any posted safety zone;
> 
> (8) To camp upon or drive a motor vehicle over any permanent pasture or area planted in crops;
> 
> (9) While hunting bears in any such area opened to bear hunting, to kill a female bear with a cub or cubs or to kill a cub weighing less than 75 pounds;
> 
> (10) To fail to report if he or she kills a deer, bear, or turkey in the manner specified by the rules of the department for that wildlife management area on the date killed to the state game and fish checking station on the area;
> 
> (11) To construct any tree stand or to hunt from any tree stand except a portable or natural tree stand; or
> 
> (12) To trap except with a special trapping permit issued by the department.
> 
> HISTORY: Code 1981, Â§ 27-3-1.1, enacted by Ga. L. 1982, p. 1729, Â§ 8; Ga. L. 1993, p. 91, Â§ 27; Ga. L. 1996, p. 1134, Â§ 1; Ga. L. 2003, p. 140, Â§ 27; Ga. L. 2010, p. 963, Â§ 2-13/SB 308.


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## tmoore912

One the biggest benefits to having a GWCL/GFL is if you do happen to accidentally violate a carry law with regards to a prohibited location, it is usually dealt with as a misdemeanor for the first offense and not a felony.

*****Note that even though the State grants non-prohibited citizens to carry in their vehicles, it is against State and Federal law for you to vehicle carry a weapon onto school property to pick up/drop off or park in the parking lot to go in to attend a meeting.  To be able to legally do these things on school property, you have to have a GWCL/GFL.****

So if you have school aged kids or grand-kids, vehicle carry your gun and go to school property for any activities you need a GWCL/GFL.

See and/or refer to:  O.C.G.A. § 16-11-127.1
Carrying weapons within school safety zones, at school functions, or on school property

Here is the code section dealing with car carry and no GWCL/GFL.



> *O.C.G.A. § 16-11-126
> Having or carrying handguns, long guns, or other weapons; license requirement; exceptions for homes, motor vehicles, and other locations and conditions; penalties for violations*
> 
> (a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license.
> 
> (b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun without a valid weapons carry license, provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner.
> 
> (c) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun provided that it is enclosed in a case and unloaded.
> 
> (d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property, except as provided in Code Section 16-11-135.
> 
> (e) Any person licensed to carry a handgun or weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to carry a weapon in this state, but only while the licensee is not a resident of this state; provided, however, that such licensee shall carry the weapon in compliance with the laws of this state.
> 
> (f) Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land on which the activities are being conducted may have or carry on his or her person a handgun or long gun without a valid weapons carry license while hunting, fishing, or engaging in sport shooting.
> 
> (g) Notwithstanding Code Sections 12-3-10, 27-3-1.1, 27-3-6, and 16-12-122 through 16-12-127, any person with a valid weapons carry license may carry a weapon in all parks, historic sites, or recreational areas, as such term is defined in Code Section 12-3-10, including all publicly owned buildings located in such parks, historic sites, and recreational areas, in wildlife management areas, and on public transportation; provided, however, that a person shall not carry a handgun into a place where it is prohibited by federal law.
> 
> (h) (1) No person shall carry a weapon without a valid weapons carry license unless he or she meets one of the exceptions to having such license as provided in subsections (a) through (g) of this Code section.
> 
> (2) A person commits the offense of carrying a weapon without a license when he or she violates the provisions of paragraph (1) of this subsection.
> 
> (i) Upon conviction of the offense of carrying a weapon without a valid weapons carry license, 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 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, 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.
> 
> HISTORY: Laws 1837, Cobb's 1851 Digest, pp. 848, 849; Ga. L. 1851-52, p. 269, Â§Â§ 1-3; Code 1863, Â§ 4413; Ga. L. 1865-66, p. 233, Â§Â§ 1, 2; Code 1868, Â§ 4454; Code 1873, Â§ 4527; Ga. L. 1882-83, p. 48, Â§ 1; Code 1882, Â§ 4527; Ga. L. 1898, p. 60, Â§ 1; Penal Code 1895, Â§ 341; Penal Code 1910, Â§ 347; Code 1933, Â§ 26-5101; Code 1933, Â§ 26-2901, enacted by Ga. L. 1968, p. 1249, Â§ 1; Ga. L. 1976, p. 1430, Â§ 1; Ga. L. 1982, p. 3, Â§ 16; Ga. L. 1992, p. 6, Â§ 16; Ga. L. 1996, p. 108, Â§ 1; Ga. L. 1998, p. 1153, Â§ 1; Ga. L. 2000, p. 1630, Â§ 3; Ga. L. 2007, p. 47, Â§ 16/SB 103; Ga. L. 2008, p. 533, Â§ 3/SB 366; Ga. L. 2008, p. 1199, Â§ 3/HB 89; Ga. L. 2009, p. 8, Â§ 16/SB 46; Ga. L. 2010, p. 963, Â§ 1-2/SB 308.


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## Slim Chance

As a side note, 16-11-125.1 defines a weapon as a knife or handgun. 16-11-127 contains the phrase "weapon or long gun" several times. This might lead to confusion about transporting a rifle in a school zone or on campus. 16-11-127.1  adds the phrase "any weapon designed orintended to propel a missile of any kind" to this definition. So, is a rifle a weapon under Georgia law? Ppersonally, i would charge based on percieved intent.


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## tmoore912

Well, the good thing is that O.C.G.A. § 16-11-127.1 doesn't apply to a GWCL/GFL holder if they meet either part (7) or (8) while in a school safety zone.


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## littlejon

The Longhunter said:


> You're both wrong.
> 
> You can have a loaded gun anywhere in your car as long as you are under no disability from possessing a gun.
> 
> Your car IS NOT AN EXTENSION OF YOUR HOME, will people please quit saying this.  You can carry a gun in your vehicle in Georgia because the legislature says you can carry a gun in your vehicle.  They could as easily say you can't carry a gun in your vehicle.



I'm with you. I have not read the word "extension" anywhere. Last I have seen , my home still remains in the same location and have not traveled anywhere to be concerned. My truck now is a different story


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## GunnSmokeer

*Any Weapon*



Slim Chance said:


> As a side note, 16-11-125.1 defines a weapon as a knife or handgun. 16-11-127 contains the phrase "weapon or long gun" several times. This might lead to confusion about transporting a rifle in a school zone or on campus. 16-11-127.1  adds the phrase "any weapon designed orintended to propel a missile of any kind" to this definition. So, is a rifle a weapon under Georgia law? Ppersonally, i would charge based on percieved intent.



SlimChance,  the list of things banned under the school safety law, 16-11-127.1, is much longer and the definition of "weapon" broader than any definition used elsewhere in the Georgia Code.

Yes, rifles are "weapons" for the purposes of the school law. Even single-shot bolt action .22 rifles with 26" bull barrels and aperture sights, obviously made ONLY for serious bullseye shooting. Even though they're sports equipment, not really weapons.  All guns are weapons.

The only gray area in the school law is for things like airsoft guns and paintball--- "weapons" that are regularly used in games to shoot at other participants. They throw projectiles, but not projectiles that are likely to injure people. Nobody ever uses such guns for hunting or self-defense (you can't say that about regular BB guns or pellet guns-- people do hunt small game with those).


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## JWarren

littlejon said:


> I'm with you. I have not read the word "extension" anywhere. Last I have seen , my home still remains in the same location and have not traveled anywhere to be concerned. My truck now is a different story


 
The phrase "extension of your home" WAS included in the code years ago.


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## tmoore912

JWarren said:


> The phrase "extension of your home" WAS included in the code years ago.



Can you please post a cite to this code section, because I don't know where it is located in the Georgia code.  Thanks.


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## The Longhunter

JWarren said:


> The phrase "extension of your home" WAS included in the code years ago.



No it wasn't.  It have never been used in the Georgia Code in this context, nor has it ever been used by any Georgia appellate court.  Nor has it been used in most other states in this context.



tmoore912 said:


> Can you please post a cite to this code section, because I don't know where it is located in the Georgia code.  Thanks.




You are going to be waiting a while.

This is the classic case of an internet meme that goes round and round so much, that any time the discussion comes up, someone quotes this as "fact "  because they read it on the internet.  They have never seen the original phrase anywhere in Georgia law.


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## tmoore912

Quote from John Monroe, aka jrm, a defense attorney and GeorgiaCarry.Org Board Member:



> The notion that a vehicle is an extension of a home is dead. The SCOTUS has carved up so many exceptions to the 4th amendment for cars that it almost does not apply to cars. It still applies (rigidly in many instances) to homes most of the time.





> In almost all situations, a car is nothing like a home. The exceptions way exceed the rule, making the rule just plain not true.


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## Slim Chance

Gunsmokeer,
 The code section does not specify rifles. The longer list makes no mention of rifles. My point was that the code sections are often vague or contradictory. I did not say that you could not be charged for having a long gun.


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## trckdrvr

Bamafan4life said:


> Then I've heard you can also have them loaded in your car? So what are the actual laws on this?



cars are ok..but not trucks.


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## Slim Chance

I have found no Ga statute prohibiting guns in commercial vehicles.


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## Slim Chance

Gunsmokeer,
 I will add that i want to see an intent to do harm or other factors before i charge a weapons violation.  I once arrested a man for suspended license as he drove home from a lake. He had a small pistol in his bib pocket he claimed was for snakes. The gun was sent with the friend who picked up his truck. A black letter violation of law, but no intent to do harm.


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## GunnSmokeer

*Nice of you*

It's nice of you to consider the actual harm/ risk to the public before arresting somebody, instead of arresting based only on the technical wording of a statute.

But when it comes to rifles and shotguns (long guns) at schools, understand that if you don't charge somebody with a crime for having a long gun at school under circumstances where we all agree it would be a crime to have a handgun, that would be an act of mercy on your part, not at all required by the law.

At least not when traditional rules of statutory construction (interpreting and applying laws that are somewhat vague or contradictory) are applied.

Yes, 16-11-125.1 has a number of definitions that it says shall apply throughout that "Part." That's Part 3 of Article 4 of Chapter 11 of Title 16.
  Part 3 includes the school law, too.

And yes, there is a conflict between how "weapon" is defined in 16-11-125.1 and how that same term is defined in 16-11-127.1 (weapons at schools and school functions).

In the case of this kind of conflict, the more specific one controls over the more general one.  The school law is obviously more specific, so its definition applies anywhere that 16-11-127.1 comes into play.

(There's another canon of statutory construction that says newer laws control over conflicting older laws, but that doctrine is not used when the legislature clearly intends to leave the old law intact even with the passage of the new law. And most of the school law was not changed by SB 308, passed in 2010. In fact that law mentions the school weapons Code section approvingly as one of the exceptions to the general rule about where people can carry firearms.)

Once you understand and accept that you have to use 127.1's definition of "weapon" when dealing with schools and school functions, then it's easy to see why rifles and shotguns are banned the same as handguns and big knives and nunchuks and swords and hand grenades.

Long guns surely are covered by the definition of "weapon" that includes "any weapon designed or intended to propel a missile of any kind..."  (O.C.G.A. 16-11-127.1 (2))


This result is also consistent with the intents and purposes of the statute, keeping in mind the risk or problem that the legislature was trying to  address.  The effectiveness of the statute would be greatly diminished if it didn't apply to long guns, which are often used in mass-shootings at schools and other institutions.

This result-- considering sporting rifles and sporting shotguns as "weapons" under the school law--  is also consistent with another key motivation for Georgia to pass this law: the federal government threatening to cut off education funds in states that don't pass their own gun bans of the type that the feds wanted to see.  And to see what kind of guns the feds wanted to ban from schools (with some exceptions, of course), we can look at the federal gun-free school safety zone act of 1990 (re-passed with stronger "Commerce Clause" language in 1995). 
That federal law, 18 U.S.C. 922(q), just uses the term "firearm" which has a very familiar and oft-quoted defintion back a few pages in 18 U.S.C. 921.    A "firearm" under federal law is:

(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;

(B) the frame or receiver of any such weapon;

(C) any firearm muffler or firearm silencer; 
or
(D) any destructive device.


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