mounties ross: Tuesday's Legal Tidbit - The Boddie Law Group Blog

Question: Last week, my 17 year-old son was carrying my handgun on the school bus inside his coat pocket. While he was standing in line waiting to get on the school bus, he dropped his student ID card. When he bent down to pick it up, the gun fell out to the ground. He told police he was carrying the gun because he was getting threats from a local gang member. The gang member said that he was going to rob my son of his money and iPad when he saw him again walking from his bus stop to our house. My son is a senior at a high school in Cobb County and does not have a license to carry a concealed weapon. What is my son possibly facing in criminal court?

Answer: Your son was arrested based on a provision of Georgia law covering possession and carrying of firearms at unauthorized location. To do so, even if the individual has a concealed weapon license, could still make it a misdemeanor crime. Accordingly, because the student is classified as an adult under the Georgia criminal code, he is looking at a possible felony charge.

O.C.G.A. ?16-11-127.1(b)(1), states ?it shall be unlawful for any person to carry to or to possess or have under such person?s control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound?? The punishment would have been a misdemeanor if the student was 21 years of age and had obtained a license to carry a concealed weapon in Georgia. However, this is not the case and the 17 year-old high school student is subject to becoming a convicted felon.

The penalty for such offense is outlined in O.C.G.A. ?16-11-127.1(b)(2) which states ?Any person who is not a license holder who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both.?

Carrying an unlicensed, concealed weapon into specific places such as a school zone in Georgia can be a serious crime. While bills have been introduced to lift restrictions in other areas of the law, student safety in school zones remained a top priority for Georgia lawmakers. Therefore, know the law as it relates to carrying a weapon or firearm of any type in this state or you, too, could run seriously afoul of state law.

If you or someone you know has questions about weapons laws in Georgia or are facing weapons charges, please call The Boddie Law Group at (404) 287-2393 for a complete consultation.

Source: http://theboddielawgroup.com/?p=304

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