Results 1 to 3 of 3

Thread: What is the legal definition of "Open Carry" in GA?

  1. #1
    Regular Member
    Join Date
    Feb 2012
    Location
    Kingsland, GA
    Posts
    1

    What is the legal definition of "Open Carry" in GA?

    Hi, I am currently in the process of buying a Microtech OTF knife and I am trying to figure out if I will be arrested if I am caught with this knife. I've read the laws regarding automatic knives but I do not understand them.
    Are automatic knives legal in the state of Georgia?
    What defines open/concealed carry of a knife in the state of Georgia?
    Does the fact that I am active duty military make any exceptions to the law?

    I don't want to get in trouble for having one of these knives, so if someone could help me figure out the legality of it before spending my money on something that will get me a felony.

  2. #2
    Regular Member Kingfish's Avatar
    Join Date
    Apr 2007
    Location
    Atlanta, Georgia, USA
    Posts
    1,276
    Quote Originally Posted by Skeevald View Post
    Hi, I am currently in the process of buying a Microtech OTF knife and I am trying to figure out if I will be arrested if I am caught with this knife. I've read the laws regarding automatic knives but I do not understand them.
    Are automatic knives legal in the state of Georgia?
    What defines open/concealed carry of a knife in the state of Georgia?
    Does the fact that I am active duty military make any exceptions to the law?

    I don't want to get in trouble for having one of these knives, so if someone could help me figure out the legality of it before spending my money on something that will get me a felony.
    This site is geared more towards openly carried handguns. You might try http://www.georgiapacking.org/forum

  3. #3
    Regular Member
    Join Date
    Jul 2009
    Location
    , Georgia, USA
    Posts
    33
    If it ACTUALLY helps :P it is a Weapon's License now, not a "Gun/Firearms" License anymore. The stride from "Gun" to "Weapon" broadens what you should "Openly Carry" outside of "guns" specifically... which is what I shall gear toward.

    Now, know this... I try to avidly read this junk and understand it. I am not, however, a lawyer... which is someone who reads this junk, tries to understand it, and had a lot of money to blow on getting a degree and license to practice it. So, don't take my unlicensed opinion as biblical truth and thusly, release myself of any liability... alas, "real" lawyers will tell you to figure it out for yourself if you don't have the $$$ to cough up or can't score some publicity. And you, oh blessed Soldier, don't likely have the scratch to blow on lawyers. Much of this, coming from personal experience.

    SO... Kingfish pointed out a great resource (http://www.georgiapacking.org/law.php). It has all the different codes and it doesn't hurt that you read them ALL. Cool stuff in there. I also keep (http://www1.legis.ga.gov/legis/2009_...text/sb308.htm) with me when I can (usually in the car, or bookmarked on my phone).

    Page 2 of 40 on the SB308 legislature crapola says:

    (2) "'Knife' means a cutting instrument designed for the purpose of offense and defense consisting of a blade that is greater than five inches in length which is fastened to a handle"
    (5) "'Weapon' means a knife or handgun

    16-11-127.1 on Georgiapacking.org
    (2) "Weapon" means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher.

    But having the "Weapons License" covers that to my understanding.

    Just be wary of the restrictions in 16-11-127

    Regarding Military

    O.C.G.A. 16-11-130
    Exemptions from Code Sections 16-11-126 through 16-11-127.2
    (a) Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:
    (3) Persons in the military service of the state or of the United States;

    But, I still assume MANY LEO are oblivious to this and you'd be better suited having a license anyway to spare yourself the trouble lest ye be of the red-blooded patriot type and up for the inconveniences of being jailed to make a point (which I applaud and encourage if we want any real change) [I'm not saying go out of your WAY to cause trouble, but once you've read the rules and you follow them, anything they do outside of that is on them and you can make your case the best you can].

    There's all that delightful Case Law too... that, as I figure, helps you understand the "precedent" of potentially future decisions a judge may make. So if someone was arrested and the court found that knives were bad, you may want to err on the side of caution with it unless you really want to fight it.

    It's now 3:00AM, holy crap... I'm going to sleep. G'luck!

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •