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Loaded rifle in vehicle on WMA
- Thread starter GAEngineer
- Start date
I here gummies are the new hotness.
Hillbilly stalker
Senior Member
After reading the thread about the duck hunters being robbed.....if I was a GW, I’d be awful understanding about someone walking back to their truck with a loaded weapon, regarding the 50 foot rule.
Railroader
Billy’s Security Guard.
If you were not on a WMA, there is nothing a GW can say about a loaded gun on the roadway, until you pull the trigger...
So what is a person charged with if they break the rule and have a loaded long gun in their vehicle while on a WMA? I find this sort of thing to be fun when I'm in the mood for it but it's hard to fight a charge if you don't know what it is.
27-1-4 appears to give the Board of Natural Resources power to make the rules and regulations pertaining to WMAs. I haven't seen anything that says the Board's rules are bound by Ga Code. I have seen references to the protection of wildlife and public safety. I feel sure the rule about no loaded long guns in your vehicle while on a WMA will be viewed as a matter of public safety.
I read 27-1-33 to say if you are on a WMA and break the rules made by the board you are committing criminal trespass.
27-1-38 says your guilty of a misdemeanor
or 27-1-36 says they could forget the criminal charges altogether and hit you with a civil suit for $1000.00
27-1-4 appears to give the Board of Natural Resources power to make the rules and regulations pertaining to WMAs. I haven't seen anything that says the Board's rules are bound by Ga Code. I have seen references to the protection of wildlife and public safety. I feel sure the rule about no loaded long guns in your vehicle while on a WMA will be viewed as a matter of public safety.
I read 27-1-33 to say if you are on a WMA and break the rules made by the board you are committing criminal trespass.
27-1-38 says your guilty of a misdemeanor
or 27-1-36 says they could forget the criminal charges altogether and hit you with a civil suit for $1000.00
rosewood
Senior Member
I am pretty sure the rules on a WMA cannot supersede GA code. Kind of like a local municipality cannot tell you cannot carry your firearm in their building unless they have a metal detector check point and guards there.
If they make rules that do conflict with GA code, I imagine it wouldn't be a legal infraction and not sure they could even fine you for it. Maybe ban you from hunting there??
Rosewood
If they make rules that do conflict with GA code, I imagine it wouldn't be a legal infraction and not sure they could even fine you for it. Maybe ban you from hunting there??
Rosewood
GAEngineer
Member
Now we are getting somewhere. Thank you.
27-1-4 says more or less that DNR can make any and all rules necessary for carrying out administration of their duties. This section explicitly states terms related to fishing/hunting/game management but also has that catchall phrase "including but not limited to." So it could be argued, like you stated, that they created this rule regarding special conditions on the GWL on WMA for public safety under the phrase "not limited to."
Presuming I was not hunting I would argue that DNR does not have the authority to enforce this rule due to OCGA 16-11-173 - this is the code that deals with preemption of local regulation and states in 16-11-173.a.1:
"It is declared by the General Assembly that the regulation of firearms and other weapons is properly an issue of general, state-wide concern."
That taken with OGCA 16-11-1263.g which states that a GWL holder may carry a weapon in all parks, historic sites, or recreational areas seems makes the rule that a GWL holder cannot have a loaded long gun in possession on a WMA road or in their vehicle on a WMA DOA. (Again - presuming I were not hunting)
**EDIT to add disclaimer: I am not a lawyer - this is not legal advice. As long as the rules are on the books and being enforced this is all just for discussion.
GAEngineer
Member
I think this discussion has run its course - I will edit the first post.
The distinction is the difference between a firearm and a weapon. OGCA 16-11-126.g references a "weapon" which is defined in 16-11-125.1 as "a knife or handgun"
So the conclusion is the published DNR rules are not in conflict with the laws regarding the GWL.
Credit goes to John Monroe for pointing this out.
The distinction is the difference between a firearm and a weapon. OGCA 16-11-126.g references a "weapon" which is defined in 16-11-125.1 as "a knife or handgun"
So the conclusion is the published DNR rules are not in conflict with the laws regarding the GWL.
Credit goes to John Monroe for pointing this out.
Devil's in the details. It was a fun discussion.
Para Bellum
Mouth For War
Long drive for a court appearance.
Allrighty then. I am so happy to know that Ga doesen't think that a rifle or a shotgun is a weapon.
rosewood
Senior Member
Feds don't consider a muzzle loading rifle as a gun.
GAEngineer
Member
One last bees nest to kick:
27-3-1.1(4) states it shall be unlawful to hunt within 50 yards of any road which receives regular maintenance for the purpose of public vehicular access.
The published regulations add to this that they consider possession of a loaded firearm within 50 yards of a road opened for vehicular access hunting.
I can't find any support for defining mere possession as hunting- this part of the rules does seem to be in conflict with 16-11-126(b):
"Any person who is not prohibited by law from possessing a hand gun 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."
If I'm not currently hunting, not on my way to or way back from hunting, I would consider myself within the law to take my rifle on a walk down the road in a WMA.
27-3-1.1(4) states it shall be unlawful to hunt within 50 yards of any road which receives regular maintenance for the purpose of public vehicular access.
The published regulations add to this that they consider possession of a loaded firearm within 50 yards of a road opened for vehicular access hunting.
I can't find any support for defining mere possession as hunting- this part of the rules does seem to be in conflict with 16-11-126(b):
"Any person who is not prohibited by law from possessing a hand gun 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."
If I'm not currently hunting, not on my way to or way back from hunting, I would consider myself within the law to take my rifle on a walk down the road in a WMA.
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