The law in Georgia states that “In a vehicle you do not own, you must have the permission of the person who has legal control of the vehicle.” I am brand new to this (still waiting for holsters, CCW license to be mailed, etc.), and I’ve never heard anyone do this. I occasionally ride in other people’s cars - so now I’ll need to divulge that I’m carrying to stay within the law. I guess I’m wondering 2 things:
What is people’s experience doing this? Do you end up needing a different ride often?
Doesn’t this go against the whole idea of keeping it concealed?
Well, I looked the code up and here’s what I found. GA Code § 16-11-126 (d) 2019 states:
“(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 private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to exclude or eject a person who is in possession of a weapon or long gun on their private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135.”
So it would seem that it states that the owner or renter in the case of a rental vehicle retains the right to exclude or eject, but it does not expressly state that you need to have prior express permission from the owner or renter. They can exclude or eject you if they are aware of you carrying, and so choose to.
Anyone else find anything different? Any esteemed counselors in GA care to opine?
This topic reminds me of something I read back in one of my US History courses, comparing Calvin Coolidge to Teddy Roosevelt. Coolidge looked to the Constitution to find what he was allowed to do, while TR read it to determine what it specifically prohibited him from doing.
Not liking this duty to inform property owners. So in States with this law do you have to inform when you enter a shop or restaurant? If people don’t want firearms on their property or in their cars they should post a sign or ask. The effort should be placed on the people denying the right.
In those States that require notification you might get into trouble for failing to inform if you end up having to defend yourself and the person who may or may not want you to have a firearm.
I have seen some ranches with signs saying lawfully carried firearms welcome here.
If I am reading the GA statute correctly, there is not a duty to inform. The law seems to only provide property owners “the right to exclude or eject a person who is in possession of a weapon or long gun on their private property”. Which is reasonable. My house, car, property, my rules. Their house, car, property, their rules. There is no mention that I have found in the statute of having a duty to inform the property owner that you are carrying. However, if they express “No guns in my car.”, then you either leave, or you are trespassing.
Think that is the way most States work. Could be easy to get into trouble in the States that have a duty to inform though, especially if the inform laws are written as poorly as most of the anti rights laws out there.
Ah! I should have done what you did and looked at the ACTUAL law. I think the text I copied/pasted from the USCCA overview is a paraphrase, now that I see the actual law. What you found makes sense, i.e. no duty to inform first, but have to respect someone who knows and doesn’t want me in their car.
I really appreciate that you found this and posted it!
I imagine a rental car agreement would have to specifically say “no guns allowed” like they say “no smoking in vehicle.”
Some say “obey all traffic laws” and use GPS to document speeding infractions. I think they have to tell you, probably in the fine print, it’s GPS monitored. I understand it can get very expensive because they nail such scofflaws with EACH infraction.