Loaded rifle in vehicle on WMA

[GAEngineer]

**EDIT**

My conclusion is that the DNR Rules are not in conflict with the OCGA regarding the Georgia Weapons License.

OCGA 16-11-126(g) states a person with a GWL may carry a "weapon" in all parks, historic sites or recreational areas

OCGA 16-11-125.1(5) defines a "weapon" as "a knife or a handgun"

OCGA 27-3.1.1(1) & (2) states that it is unlawful to possess a loaded firearm other than a handgun in a motor vehicle on a WMA and that you have to have a GWL to possess a loaded handgun in your vehicle on a WMA.

The distinction here is between a "firearm" and a "weapon." I can't say that I agree with it - but there is no conflict in the law

Thanks to John Monroe for setting me straight on this topic

I am not a lawyer. This is not legal advice

**END EDIT**


Ive been deep down the rabbit hole comparing the published regulations to the Georgia Code and I am curious if anyone knows what code gives the DNR authority to restrict my ability to carry a loaded rifle in my vehicle when on a WMA.

On the DNR Website, and in the published regulations it is stated:

"A Weapons Carry License does not allow the holder to carry a loaded firearm, other than a handgun, in a motor vehicle on a WMA."



This would appear to be in contradiction to OCGA 16-11-126.g which states:

"(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."

 

[Jester896]

Does this cover it?
27-3-1.1. It shall be unlawful for any person on any wildlife management area owned or operated by the department: (1) To possess a firearm 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; (2) To possess a loaded firearm in a motor vehicle during a legal open hunting season for that area; (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.

 

[Railroader]

No point digging in the rabbit hole. If you carry with a permit, you can have a loaded pistol in your truck.

A loaded hunting rifle/shotgun will get you a ticket.

Just the way it is...

 

[Semi-Pro]

That's a relatively new law. And it's stupid

 

[NCHillbilly]

That is SC, too. No such law in NC, though.

 

[GAEngineer]

Does this cover it?
27-3-1.1. It shall be unlawful for any person on any wildlife management area owned or operated by the department: (1) To possess a firearm 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; (2) To possess a loaded firearm in a motor vehicle during a legal open hunting season for that area; (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.

"Notwithstanding" means "in spite of"

So no that does not cover it - the code I quoted states

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,

No point digging in the rabbit hole. If you carry with a permit, you can have a loaded pistol in your truck.

A loaded hunting rifle/shotgun will get you a ticket.

Just the way it is...

Well there is a point for the person who gets a ticket and decides to go to court to defend themselves. The way I read the code that ticket would get thrown out. My weapon carry license isn't a pistol license - it is a weapon license - it isn't restricted to firearms let alone just a pistol.

 

[1eyefishing]

Where else can you have a loaded rifle in the truck on a public roadway?

 

[Semi-Pro]

Where else can you have a loaded rifle in the truck on a public roadway?

Everywhere

 

[Railroader]

"Notwithstanding" means "in spite of"

So no that does not cover it - the code I quoted states

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,



Well there is a point for the person who gets a ticket and decides to go to court to defend themselves. The way I read the code that ticket would get thrown out. My weapon carry license isn't a pistol license - it is a weapon license - it isn't restricted to firearms let alone just a pistol.

Go for it, rock on, have fun!

 

[Railroader]

Everywhere

Yep, except on WMAs..

 

[cowhornedspike]

Just because it's in the regs doesn't mean it is the law. I agree with the op on this and am sure that my GWP gives me the legal authority to have a loaded rifle in my vehicle on a WMA just the same as on any other public road.

 

[LifeLongHunter]

All i can say is try it and if ticketed go to court to defend. Let us know your results, somehow I think you will be a fine poorer and a regulation wiser.

 

[Rich M]

Why would you want to carry a loaded hunting rifle in your vehicle anyway? Not legal in any state I'm aware of.

 

[Semi-Pro]

Why would you want to carry a loaded hunting rifle in your vehicle anyway? Not legal in any state I'm aware of.

Say what?

 

[Semi-Pro]

Guns no good if it ain't loaded

 

[Rich M]

You don't get out much do you?

Dog hunting? Shooting from open windows instead of getting out?

 

[Semi-Pro]

You don't get out much do you?

Dog hunting? Shooting from open windows instead of getting out?

I believe your mistaken, except on a wma

 

[NE GA Pappy]

Guns no good if it ain't loaded

yep.

its just a machined metal rock if it is unloaded

 

[Semi-Pro]

Why don't we just ask the man himself?

 

[jiminbogart]

Why would you want to carry a loaded hunting rifle in your vehicle anyway? Not legal in any state I'm aware of.

It's legal in Georgia.

Why have it unloaded?