National Carry AcademySupplemental Information
January 9, 2016
What Does GA Consider A Loaded Firearm?
Title 16. Crimes and Offenses
Chapter 11. Offenses Against Public Order And Safety
Article 4. Dangerous Instrumentalities And Practices
Part 3. Carrying and Possession Of Firearms
§ 16-11-132. Possession of handgun by person under the age of 18 years (a) For the purposes of this Code section, a handgun is considered loaded if there is a cartridge in the chamber or cylinder of the handgun.
State Emergency Powers
O.C.G.A. § 38-3-51 Emergency Powers of Governor; Termination of Emergency; Limitations In Energy Emergency; Immunity (Edited for Space Considerations)
(a) In the event of actual or impending emergency or disaster of natural or human origin, or pandemic influenza emergency, or impending or actual enemy attack, or a public health emergency, within or affecting this state or against the United States, the Governor may declare that a state of emergency or disaster exists. As a condition precedent to declaring that a state of emergency or disaster exists as a result of a public health emergency, the Governor shall issue a call for a special session of the General Assembly pursuant to Article V, Section II, Paragraph VII of the Constitution of Georgia, which session shall convene at 8:00 A.M. on the second day following the date of such declaration for the purpose of concurring with or terminating the public health emergency. The state of emergency or disaster shall continue until the Governor finds that the threat or danger has passed or the emergency or disaster has been dealt with, to the extent that emergency or disaster conditions no longer exist, and terminates the state of emergency or disaster. No state of emergency or disaster may continue for longer than 30 days unless renewed by the Governor. The General Assembly by concurrent resolution may terminate a state of emergency or disaster at any time. Thereupon, the Governor shall by appropriate action end the state of emergency or disaster.
(c) The Governor shall have and may exercise for such period as the state of emergency or disaster exists or continues the following additional emergency powers:
(d) In addition to any other emergency powers conferred upon the Governor by law, he may: (5) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if he deems this action necessary for the preservation of life or other disaster mitigation, response, or recovery; (6) Prescribe routes, modes of transportation, and destinations in connection with evacuation; www.handgunlaw.us 16 (7) Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein; (8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, or combustibles; provided, however, that for purposes of this paragraph, the terms ‘explosives’ and ‘combustibles’ shall not include firearms or ammunition or any component thereof; and
38-3-37. Emergency Management
(a) As used in this Code section, the term: (1) ‘Firearm’ means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. (2) ‘License holder’ shall have the same meaning as set forth in Code Section 16-11-125.1. (3) ‘Weapon’ shall have the same meaning as set forth in Code Section 16-11-125.1.
(b) No official or employee of the state or any political subdivision thereof, member of the National Guard in the service of the state, or any person operating pursuant to or under color of state law, while acting during or pursuant to a declared state of emergency, shall: (1) Temporarily or permanently seize, or authorize the seizure of, any firearm or ammunition or any component thereof the possession of which was not prohibited by law at the time immediately prior to the declaration of a state of emergency, other than as provided by the criminal or forfeiture laws of this state; (2) Prohibit possession of any firearm or ammunition or any component thereof or promulgate any rule, regulation, or order prohibiting possession of any firearm or ammunition or any component thereof if such possession was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency; (3) Prohibit any license holder from carrying any weapon or promulgate any rule regulation, or order prohibiting such carrying if such carrying was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency; or (4) Require the registration of any firearm.”
Note – different laws may apply when the state is receiving federal funds per US Code 42-5207.
Supplemental Information
January 9, 2016
What Does GA Consider A Loaded Firearm?
Title 16. Crimes and Offenses
Chapter 11. Offenses Against Public Order And Safety
Article 4. Dangerous Instrumentalities And Practices
Part 3. Carrying and Possession Of Firearms
§ 16-11-132. Possession of handgun by person under the age of 18 years (a) For the purposes of this Code section, a handgun is considered loaded if there is a cartridge in the chamber or cylinder of the handgun.
State Emergency Powers
O.C.G.A. § 38-3-51 Emergency Powers of Governor; Termination of Emergency; Limitations In Energy Emergency; Immunity (Edited for Space Considerations)
(a) In the event of actual or impending emergency or disaster of natural or human origin, or pandemic influenza emergency, or impending or actual enemy attack, or a public health emergency, within or affecting this state or against the United States, the Governor may declare that a state of emergency or disaster exists. As a condition precedent to declaring that a state of emergency or disaster exists as a result of a public health emergency, the Governor shall issue a call for a special session of the General Assembly pursuant to Article V, Section II, Paragraph VII of the Constitution of Georgia, which session shall convene at 8:00 A.M. on the second day following the date of such declaration for the purpose of concurring with or terminating the public health emergency. The state of emergency or disaster shall continue until the Governor finds that the threat or danger has passed or the emergency or disaster has been dealt with, to the extent that emergency or disaster conditions no longer exist, and terminates the state of emergency or disaster. No state of emergency or disaster may continue for longer than 30 days unless renewed by the Governor. The General Assembly by concurrent resolution may terminate a state of emergency or disaster at any time. Thereupon, the Governor shall by appropriate action end the state of emergency or disaster.
(c) The Governor shall have and may exercise for such period as the state of emergency or disaster exists or continues the following additional emergency powers:
(d) In addition to any other emergency powers conferred upon the Governor by law, he may: (5) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if he deems this action necessary for the preservation of life or other disaster mitigation, response, or recovery; (6) Prescribe routes, modes of transportation, and destinations in connection with evacuation; www.handgunlaw.us 16 (7) Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein; (8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, or combustibles; provided, however, that for purposes of this paragraph, the terms ‘explosives’ and ‘combustibles’ shall not include firearms or ammunition or any component thereof; and
38-3-37. Emergency Management
(a) As used in this Code section, the term: (1) ‘Firearm’ means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. (2) ‘License holder’ shall have the same meaning as set forth in Code Section 16-11-125.1. (3) ‘Weapon’ shall have the same meaning as set forth in Code Section 16-11-125.1.
(b) No official or employee of the state or any political subdivision thereof, member of the National Guard in the service of the state, or any person operating pursuant to or under color of state law, while acting during or pursuant to a declared state of emergency, shall: (1) Temporarily or permanently seize, or authorize the seizure of, any firearm or ammunition or any component thereof the possession of which was not prohibited by law at the time immediately prior to the declaration of a state of emergency, other than as provided by the criminal or forfeiture laws of this state; (2) Prohibit possession of any firearm or ammunition or any component thereof or promulgate any rule, regulation, or order prohibiting possession of any firearm or ammunition or any component thereof if such possession was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency; (3) Prohibit any license holder from carrying any weapon or promulgate any rule regulation, or order prohibiting such carrying if such carrying was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency; or (4) Require the registration of any firearm.”
Note – different laws may apply when the state is receiving federal funds per US Code 42-5207.