Georgia or California: Which place has more off limits locations to bearing, i.e., actually carrying, a firearm? California is a "may issue" state, meaning that the issuing official has discretion to deny a license to a qualified applicant, but California has has more than 50,000 people with firearms licenses. Those licenses are effective throughout the state, regardless of which county in California issues them.
If you are one of the more than 50,000 people who have a firearms license in California, are you better off than a Georgian? Prior to July of 2008, the members of GeorgiaCarry.Org, Inc. contended that Georgia had more places off limits to the bearing of arms than any state in the nation. Now, in 2009, Georgia still has more places off limits than California. Most people assume California is highly restrictive of the right to bear arms and that Georgia is a “gun friendly state.” Are these twin assumptions justified?
Let us examine California’s places off limits list in detail and compare it to Georgia’s list.
California Law - Public Buildings and Meetings Legal
California Penal Code Section 171b bans the carry of firearms to public meetings and public buildings, but it exempts “[a] person holding a valid license to carry the firearm pursuant to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2 of Part 4.” See 171b(b)(3). Therefore, this law does not apply to a person holding a firearms license at all, meaning it is legal to carry a firearm to a “public meeting” in California.
Georgia Law - Crime!
This is a crime in Georgia. See O.C.G.A. § 16-11-127, the public gathering law, which places all publicly owned buildings off limits, even the bathrooms at interstate rest stops. Case law in Georgia has held that the parking lots of public gatherings are themselves public gatherings and thus off limits, as well as parking lots on neighboring properties within 200 yards of public gatherings.
California Law - State Capitol Legal
California Penal Section 171c makes it a crime to carry a firearm into the State Capitol Building in Sacramento (along with committee meeting rooms, legislative offices, and the Governor’s office), but, again, excepts a “person holding a valid license to carry the firearm pursuant to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2 of Part 4.” In other words, again, this is no crime in California if you hold a firearms license.
Georgia Law - Crime!
Carrying a firearm into the State Capitol Building in Atlanta is a crime two different ways in Georgia. See O.C.G.A. §§ 16-11-127 and 16-11-34.1. Although most Georgia legislators park in the parking lot with pistols in their cars, the parking lot of a public gathering has been held to be a public gathering by the Georgia appellate courts.
California Law - Governor’s Mansion Legal
California Penal Section 171d makes it a crime to carry a firearm into the Governor’s Mansion in Sacramento, unless, again, you have a license (or if you are a member of the Governor’s family or a police officer). In other words, this is not a crime in California.
Georgia Law - Crime!
This is, of course, a crime in Georgia, as the building is publicly owned. See O.C.G.A. § 16-11-127.
California - Schools Legal
Well, surely California places its schools off limits, right? Wrong. Not only are license holders not committing a crime by carrying at colleges and universities, but California follows the example of the federal Gun Free School Zones Act and completely exempts people holding a firearms license, even for carrying to public kindergarten through 12th grade schools.
Ironically, it is illegal to have ammunition on school grounds in California, unless, of course, you have a firearms license. Penal Code 12316(c).
In California, Penal Code Section 626.9, the Gun Free School Zones Act of 1995, makes it illegal to carry a firearm at a school and lists out all of the terrible penalties associated with the crime, but it also lists exemptions, such as police officers, and, there it is again, license holders. See 626.9(l). Just to make it clear, California is talking about public or private k-12. See 626.9(e)(1). It is also talking about Universities. 626.9(h) and (i).
Georgia Law - Crime!
Georgia makes this a felony (which means the loss of right to vote and keep and bear arms for life), and Georgia does not limit this to public schools or even elementary and secondary schools. In Georgia, it is a felony even for 60 year old graduate students, even with a firearms license, and even in a glovebox in the parking lot. Georgia’s law even applies to adult technical and vocational schools. If you want to take a welding class (to develop the skills needed in restoring your 1966 GTO), you would be completely disarmed, even while driving to and from class, under pain of a felony prosecution with 10 years in prison and a $15,000 fine.
The same applies to visitors at schools in Georgia.
Public Gatherings
In the interest of making the comparison more complete, it is imperative to point out that Georgia has a great many other restrictions California has never seen fit to adopt. For example, Georgia makes it a crime to bear arms to or while at any place that serves alcohol other than a restaurant, churches or church functions, sporting events, and undefined "public gatherings" generally, including the parking lots and even parking up to 200 yards away off of the premises. No other state in the nation criminalizes carry at “public gatherings” generally. California does not criminalize carry at any of these places.
Airports
Georgia attempted to decriminalize the carry of firearms on mass transit, including planes, trains, and buses, such as MARTA by changing the public gathering law to override the mass transit law that banned firearms in the buildings, parking lots, and
even the bus stops and a “reasonable distance adjacent” to the bus stops, whatever that means. While the change appears to have been successful for the most part, the City of Atlanta announced a ban on firearms in its airport the day the new law went into effect. A federal court in Atlanta and the Eleventh Circuit Court of Appeals refused GeorgiaCarry.Org's attempt to enjoin Atlanta's ban. See court rules that legislator did not mean what he said.
A violation of this Georgia law is a felony with a penalty of 20 years in prison and a $15,000 fine. California has no restrictions on bearing arms in its airports.
Miscellaneous
As of this writing, Georgia also criminalizes bearing arms at in Public Fishing Areas. Although one can carry firearms in buildings in State Parks, it is illegal to use the restroom in city and county parks while armed, so visitors must "hold it" in the parks or pee outside. Combining this restriction with the interstate rest stops, we have to wonder what it is that the Georgia General Assembly has against people who are bearing arms using the restroom. Maybe Georgia could at least have segregated "armed" and "unarmed" restrooms where it is legal for those with a firearms license to visit the facilites.
Conclusion
In sum, California, the state assumed to restrict and burden the right to bear arms, permits the bearing of arms in elementary schools, colleges, the State Capitol Building, the Governor’s Mansion, town hall, police stations, libraries, and in airports. Georgia, the state assumed to permit the free exercise of the right to bear arms, criminalizes the bearing of arms in all of these locations and more, in some cases imposing a felony charge, even if the person bearing a pistol has a firearms license issued pursuant to Georgia law.
Hopefully, this short article has challenged your assumptions regarding the right to bear arms in Georgia and in California. In addition, by providing references to the actual Code Sections, it is hoped that this article will provide you with some of the intellectual ammunition you need to return Georgia’s right to bear arms to an actual “right,” rather than
an overburdened “privilege.”
Ed Stone is the President of GeorgiaCarry.org, Inc. He is a practicing attorney and a former police officer, and he believes that “bear” means “carry.”
For more info: www.GeorgiaCarry.org - The voice of the Second Amendment in Georgia.
Comments
I just dont understand why there are so many restrictions for license holders in Georgia. California seems to have their laws written pretty well. There are laws restricting guns, but if you get your license, you are good to go. Thats how it should be. Make as many stupid laws restricting guns as you want, and the criminals will still carry their guns. They dont care about the laws. THE ONLY PEOPLE THESE LAWS AFFECT, ARE THE LAW ABIDING CITIZENS. Anyone who doesnt understand that is incredibly dense. I hate the fact i cant carry on campus. It's like the government thinks that people all of a sudden people lose the ability to judge situations and be responsible with a firearm since they are in a learning environment. I can protect myself except if i want to further my education. Way to go Georgia...
How ridiculous is this? As an employee of a school system in Georgia, I know firsthand the danger that is there and believe that schools would be much safer if employees were allowed to carry guns. Of course, that goes for places other than schools. Any place is safer when law abiding citizens are allowed to carry their firearms.
Wow! What an eye opening article. I, like most, thought that Californias laws were much more restrictive that ours. What I've never undertoodnin Georgia though is the vagueness with which the laws were written. Take a stand Georgians and let's not stop till this is fixed!
Wow! That is nuts. I knew we here in GA were restricted on where we can carry but California more accommodating of our 2nd amendment rights than Georgia, Wow!
We surely need to talk to our legislators and find out what they are afraid of or who.
It is a sad commentary on Georgia's racial past that still haunts all GFL holders. The public gatherings clause was meant to be enforced against African-Americans during the civil rights era and would never (nod,nod,wink,wink) would be enforced against white folks. Now we see how liberty denied to any Citizen is liberty denied to every citizen. The (nod,nod,wink.wink) crowd has passed on and left us with the almost impossible task of restoring rights to all Georgians. This is a classic case showing why any government control of our God-given and Consititutionally protected rights is the greatest of folly. The lack of racial strife caused by slavery in California is responsible for their more permissive carry laws for permit holders. I'll still take Georgia over California any day, but we must show our legislators the error of their ways in using the ghosts of the KKK to govern Georgia's carry laws. We now all should be judged by the content of our character and not the ghosts of racism
Copy the text of this article and paste it in an email along with the link to the article and send it to your state representative.
If you don't then move on and keep quiet. You're not serious about your rights as a law abiding citizen.
Do it . . . do it, now!
California has no such thing as a "firearms license". It also has no provision for registering firearms. They do issue "concealed" firearms licenses, by county and by the sheriff. Each county varies tremendously on whether the sheriff will issue.
As a lifelong resident, I am extremely surprised by the claims made here. If I had a CA CFL, I wouldn't carry in hardly any of the places mentioned.
California started out Pro-Gun and 90% of the land area is pro-gun and mostly Republican.
In all states, it's the extremely highly populated areas that are socialist / communist.
Georgia needs to get this right,There laws are so vague,you don't know when and when you are not in violation of the Ga. carry law. it shouldn't be so complicated,but it is vague and that puts every citizen at risk of breaking the law with out even knowint it.
Certainly surprising to me... but even so, the comparison above probably doesn't give the whole picture.
I don't know much about Georgia law, but California has "may issue" concealed carry, which means that being able to get a CCW permit depends on the whim of local law enforcement (some counties are nearly shall issue, some never issue except to cronies).
There has been a series of stories about how Orange County's new Democratic sheriff arbitrarily denied renewals of existing CCWs held by citizens.
California-unapproved handguns are banned, and there is a waiting period and a test required to be allowed to purchase a handgun. Magazines with capacity over 10 rounds are prohibited, and (at least in some areas) law enforcement gets and keeps records of gun purchases (I saw this firsthand when I called the PD and they knew the make and model of the gun I then owned, which they had no reason to know about). Private transfers are prohibited.
I don't regret moving out 11 y
Asc wrote, "the comparison above probably doesn't give the whole picture. . . . California has "may issue" concealed carry." Yes, that is true, but I stated that in the third sentence. The article does not pretend to be a complete overview of California law, which would require a book, but merely a comparison of "places off limits" to a person with a license to carry. Therefore, there is no discussion of magazine limits or similar items that do not relate to places off limits by law. The fact remains that Georgia has A LOT of places off limits and California does not.
As TBILL stated, the laws are written that way to enforce post civil war racism. In most cases, written by Dems. Texas outlaws open carry for the same reason. To keep the blacks from protecting themselves. All these byproducts of the past need to be TOSSED.
I am 57yrs. old, work hard and pay taxes and have only had one traffic ticket in my life,no other blimish. The Government says that I am a law-abiding, trustworthy citizen. I bear arms legally. Yet to tell me that they cannot trust me to bear arms and use common sense anywhere at any time is offensive of my character. Not wishing bad things to anyone, but what if it was my gun that saved their lives in a place they say I can't legally carry one? Would they change the current laws then or prosecute me? We know the answer to that one, don't we? When we allow criminals to gain control of our right to bear arms, we all become criminals. It's time the law-abiding American People send a message to the non-law abiding sector--- IS THERE LIFE AFTER DEATH? TRESPASS ON MY RIGHTS AND FIND OUT!!!
See www.shipleylegalfund.com and help us protect 2nd Amendment rights. FBI Agent is getting railroaded.
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