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I believe they changed it now to recieves regular maintenance. That would mean the closed road that gets bushogged and maintained. You can no longer hunt on. I will try to find that
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Loaded rifle in vehicle on WMA
- Thread starter GAEngineer
- Start date
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(4) To hunt within 50 yards of any road which receives regular maintenance for the purpose of public vehicular access;
or in the trunk of a vehicle or in a locked toolbox.
GAEngineer
Member
I get that DNR has been granted the authority to make regulations – but they still have bounds they have to stay in. If they go outside of their authority – which I think may be the case with regards to the original topic – they ought to get some push back. Surprised to see the number of you that are willing to just bend the knee to the kings soldiers all while acknowledging the difficulty of understanding the regulations and the occasional abuse or overreach – even worse that you encourage anyone with a little bit of spine to do the same.
For all saying that it’s going to cost you your first born to fight a ticket if you get it so you might as well just follow the rules even if they are made up from whole cloth:
If I got a ticket it would have the code section that I violated on the ticket and if that code violation is OCGA 27-3-1.1 and if I have a valid Georgia Weapons Carry Permit it wont cost me anything more than printing OCGA 16-11-126 including section g & a copy of my GWL, and the time it takes me to sit in court. When the court asks for my plea – I say “not guilty”. If given the chance to talk to the prosecutor present I would him with my documents and would expect the ticket to be dismissed. If I don’t have the opportunity to talk to the prosecutor – I provide them to the judge and expect the ticket will be dismissed. (Disclaimer: I am not a lawyer - this is not legal advice)
This would cover a ticket for having a loaded long gun within 50 yards of a road as well – as that is covered in 27-3-1.1. All of this assumes that you are not hunting and merely in possession of a loaded firearm – a case much more easily made for a firearm in the backseat of your truck than slung over your shoulder walking down the WMA road.
**EDIT** For clarification: I am not suggesting that anyone purposely break the law or fail to follow the rules. The entire purpose of my post is to answer the question: What code section the LEO will cite when they write you a ticket for having a loaded long gun in a WMA?
For all saying that it’s going to cost you your first born to fight a ticket if you get it so you might as well just follow the rules even if they are made up from whole cloth:
If I got a ticket it would have the code section that I violated on the ticket and if that code violation is OCGA 27-3-1.1 and if I have a valid Georgia Weapons Carry Permit it wont cost me anything more than printing OCGA 16-11-126 including section g & a copy of my GWL, and the time it takes me to sit in court. When the court asks for my plea – I say “not guilty”. If given the chance to talk to the prosecutor present I would him with my documents and would expect the ticket to be dismissed. If I don’t have the opportunity to talk to the prosecutor – I provide them to the judge and expect the ticket will be dismissed. (Disclaimer: I am not a lawyer - this is not legal advice)
This would cover a ticket for having a loaded long gun within 50 yards of a road as well – as that is covered in 27-3-1.1. All of this assumes that you are not hunting and merely in possession of a loaded firearm – a case much more easily made for a firearm in the backseat of your truck than slung over your shoulder walking down the WMA road.
**EDIT** For clarification: I am not suggesting that anyone purposely break the law or fail to follow the rules. The entire purpose of my post is to answer the question: What code section the LEO will cite when they write you a ticket for having a loaded long gun in a WMA?
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GAEngineer
Member
Hard pass on that logic.
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L
I agree and have alot to say about this But due to recent events im limiting my personal opinions on public forums
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I'm out, y'all have fun
rosewood
Senior Member
I understand the hunting part, and not discharging the firearm within 50 yards, but to unload your gun to cross is just plain dumb. How does that make you any safer or any less likely to break other laws? About like those states that require you to store your handgun in the trunk unloaded. About useless. Criminals are not going to follow that law, poachers are going to ignore that law.
The most dangerous time with a firearm is when you are loading and unloading, that is when the most accidents happen. You would be far safer to have your gun slung on your shoulder than loading and unloading when crossing a road.
Rosewood
Nimrod71
Senior Member
Who wants to be the first to the court house to get this settled?
rosewood
Senior Member
Someone said you need a lawyer. That isn't necessarily the case. You can defend yourself and if you have the laws spelled out, you can win yourself.
I had a traffic ticket thrown out once. The deputies were running traffic in a gated community. I researched it and verified they had to have permission from the community and approval from the county commissioners. I found no such document and asked the Sheriff Dept about it. After initially responding to my inquiry, they ghosted. Stopped running traffic also. When we got to court, explained to the judge we were not challenging the charge but challenging their right to write tickets there. He asked the Solicitor general and he said he didn't know if they had the permission there. Went out researched it came back and told us he was dismissing the case, they didn't have permission to be there.
They were illegally writing tickets. No telling how many folks paid those fines. There should have been some sort of accountability for them doing that. I let the dog lay though, didn't want to poke them when we got our case dropped.
I am not volunteering by the way. Takes time out of your day.
Rosewood
I had a traffic ticket thrown out once. The deputies were running traffic in a gated community. I researched it and verified they had to have permission from the community and approval from the county commissioners. I found no such document and asked the Sheriff Dept about it. After initially responding to my inquiry, they ghosted. Stopped running traffic also. When we got to court, explained to the judge we were not challenging the charge but challenging their right to write tickets there. He asked the Solicitor general and he said he didn't know if they had the permission there. Went out researched it came back and told us he was dismissing the case, they didn't have permission to be there.
They were illegally writing tickets. No telling how many folks paid those fines. There should have been some sort of accountability for them doing that. I let the dog lay though, didn't want to poke them when we got our case dropped.
I am not volunteering by the way. Takes time out of your day.
Rosewood
cowhornedspike
Senior Member
Does anyone else find it interesting that no DNR have responded to this post, even though they are here and respond to many other posts...
I stand by my opinion that it is legal but will probably still result in a ticket and time in court to get it thrown out.
I stand by my opinion that it is legal but will probably still result in a ticket and time in court to get it thrown out.
rosewood
Senior Member
Lots of folks hunt with handguns. Odd you don't have to unload it when crossing a road.
Reckon you have to unload your crossbow when crossing a road?
Reckon you have to unload your crossbow when crossing a road?
GAEngineer
Member
I hope no one here has to be a test case. Anyone unfortunate enough to be cited for this "violation" wouldn't owe us any response - but I sure would be grateful if they shared their experience.
Jester896
Senior Clown
maybe if you draw @C.Killmaster 's attention to this he may respond.
rattlesnake1
Senior Member
are you saying that you don't already burn one when you get back to camp
WishboneW
Senior Member
You may want to make an appointment with the DA prior to present your argument. It may be resolved without going to court
Reading this, I guess I must have been lucky. The one and only time I got licence checked by a game warden, I was parked on the shoulder of a paved (but very little used) public road. I came out of the woods near dark and started walking the short distance up the shoulder to the truck. I had a habit of unloading after I reached my vehicle. They were waiting near vehicles at our club for folks to come out. It was a female ranger, asked to see my license so I said, sure let me lay this rifle down which I did. She never asked if it was loaded, then said thanks have a nice evening.
GAEngineer
Member
This rule is specific to WMAs
But since I had carried it loaded the last 50 yards to the road, then walked up the shoulder a short distance, she could have wrote me for "hunting near a public road" or something like that. Glad she didn't.
jiminbogart
TCU Go Frawgs !
You can carry long guns, open, camping/hunting/fishing and to and from.
