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Thread: LEO gave me warning in Conyers

  1. #1
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    LEO gave me warning in Conyers

    I've been open-carrying for a short while now and never been approached by a law enforcement officer, until yesterday. My wife and I walked out of a restaurant in which we had a good meal, and also both had a very minor amount of alcohol, a few sips. I was carrying.

    Before I continue, here's a personal disclaimer: I would never be in a situation to drink enough to have even the slightest chance of being signficantly impaired. I've been married almost 15 years, my wife was with me, we watch out for each other, etc. Please don't jump to any conclusions or turn this thread into a lecture or personal bash. Thank you!

    As we were approaching my vehicle, I woman called me over in a somewhat harsh tone, saying she wanted to talk to me about something. I expected her to complain about how uncomfortable she was that I was carrying, or some such garbage. As it turned out, though in plain clothes, she identified herself as a law enforcement officer and informed me that I was not supposed to be drinking while carrying a firearm unless the restaurant gives me permission. I had no reason to doubt she was an officer, since it was obvious she was just trying to warn me, was calm (though not the friendliest), and didn't try to make a scene. She said "it's Georgia law". I, not wanting to be argumentative, went along with it and said I'd look it up. (I wanted to be defensive, but she was going to leave me alone and there seemed to be nothing to gain, especially since I didn't have a copy of the laws with me, and I didn't want to give her any personal reason to find a way to harass me.) Thus, we parted in a congenial fashion after a minute or two.

    Months ago I read all the applicable GA code over and over, and I have now re-read the laws yet again (O.C.G.A. § 16-11-127, some of it pasted below), which confirmed to me she was wrong, unless I am somehow missing something. Please tell me if I am!

    GA code states that if you carry in a bar (no mention of drinking, BTW) you have to have the owner's permission to do so. The restaurant was not a bar as defined by the code. The restaurant had a bar section but I was nowhere near that area, but even so the serving of food in there was not "incidental", so according to the language of the code, the establishment was not a bar, and hence wasn't applicable in this case. Also, there's a law against hunting and fishing while intoxicated, and also against discharing a firearm while inoxicated, neither of which apply here. I have to assume the officer was fusing all these separate provisions together in her mind somehow, and thought you couldn't drink at all while carrying without the establishment's permission.

    Can anyone confirm I am correct, or am I indeed missing something?


    -----
    16-11-127. Carrying weapons in unauthorized locations; penalty


    (a) As used in this Code section, the term:

    (1) "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.

    (2) "Courthouse" means a building occupied by judicial courts and containing rooms in which judicial proceedings are held.

    (3) "Government building" means:

    (A) The building in which a government entity is housed;

    (B) The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or

    (C) The portion of any building that is not a publicly owned building that is occupied by a government entity.

    (4) "Government entity" means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state.

    (5) "Parking facility" means real property owned or leased by a government entity, courthouse, jail, prison, place of worship, or bar that has been designated by such government entity, courthouse, jail, prison, place of worship, or bar for the parking of motor vehicles at a government building or at such courthouse, jail, prison, place of worship, or bar.

    (b) A person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while:

    (1) In a government building;

    (2) In a courthouse;

    (3) In a jail or prison;

    (4) In a place of worship;

    (5) In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease; provided, however, that carrying a weapon or long gun in such location in a manner in compliance with paragraph (3) of subsection (d) of this Code section shall not constitute a violation of this subsection;

    (6) In a bar, unless the owner of the bar permits the carrying of weapons or long guns by license holders;

    (7) On the premises of a nuclear power facility, except as provided in Code Section 16-11-127.2, and the punishment provisions of Code Section 16-11-127.2 shall supersede the punishment provisions of this Code section; or

    (8) Within 150 feet of any polling place, except as provided in subsection (i) of Code Section 21-2-413.

  2. #2
    Regular Member Fallschirmjäger's Avatar
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    Your understanding of the law sounds far superior to hers.

  3. #3
    Regular Member mark5019's Avatar
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    u can drink in a restaurant now ill swear sb 308 said that
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  4. #4
    Regular Member mark5019's Avatar
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    Sb308 says you can drnk in a resteraunt
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  5. #5
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    Quote Originally Posted by mark5019 View Post
    Sb308 says you can drnk in a resteraunt
    Ah, so it does, thanks!

    http://www1.legis.ga.gov/legis/2009_...308_APP_23.htm

    I guess the officer probably just wasn't aware that the law changed.

  6. #6
    Regular Member sawah's Avatar
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    I just love how these officers (and others), fearful of what you might do as an intoxicated OC-er have NO PROBLEM WHATSOEVER confronting you and challenging you. Sheesh. If you're so scary, why are they so bold. Stupid, I guess.
    A firearm is a tool of convenience, not effectiveness - Clint Smith, Thunder Ranch

  7. #7
    Regular Member Kingfish's Avatar
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    Quote Originally Posted by mark5019 View Post
    Sb308 says you can drnk in a resteraunt
    Not exactly, it just removed the prohibition on drinking and carrying.

  8. #8
    Regular Member mark5019's Avatar
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    Quote Originally Posted by Kingfish View Post
    Not exactly, it just removed the prohibition on drinking and carrying.
    true and it also says you may defend yourself
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  9. #9
    Herr Heckler Koch
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    For fools rush in where angels fear to tread.

    Quote Originally Posted by sawah View Post
    If you're so scary, why are they so bold. Stupid, I guess.
    Alexander Pope, An Essay on Criticism, Lines 63 to 66.

    No Place so Sacred from such Fops is barr'd,
    Nor is Paul's Church more safe than Paul's Church-yard:
    Nay, fly to Altars; there they'll talk you dead;
    For fools rush in where angels fear to tread.

  10. #10
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    To ALL Whom are Concerned:

    Senate Bill 308 REPEALED Subsection (f) of Georgia Code 16-11-127, as it Exsisted Prior to June. 4, 2010.

    Current Georgia Law 16-11-134 ONLY Prohibits DISCHARGING a Firearm while Under The Influence of Alcohol if either of The Following Applies: 1. The Individual has SOME Measurable Amount of Alcohol in His or Her System at The Time of The Discharge if The Discharge was for other than Self-Defense Purposes, OR 2. The Discharge Occured while The Individual had a Measurable Blood-Alcohol Content of Eqaul to, or Greater than, .08% per 210 mL/ of Blood.

    THEREFORE, The Net Effect of Those Two Statute Revisions is that a Person who is at least 21 Years Old MAY Drink Alcohol while Legally Armed with a Firearm ANYWHERE in Georgia, BUT that Person then Waives His or Her Right to Discharge that Firearm for at least 3 Hours, unless; The Discharge was Pursuant to Self-Defense Purposes, Provided, further, that, if that Blood-Alcohol Content Level Exceed The Aforementioned Blood-Alcohol Content Level Earlier Mentioned, then, The Person would, NEVERTHELESS, be Guilty of a Misdemeanor of The High and Aggravated Nature.

    aadvark

    *** Georgia is in The MINORITY of States that Allows Drinking Alcohol while Armed with a Firearm. With that having been said, it is Arguable as to whether or not Carrying a Firearm while Drinking Alcoho' is a Good Idea or not. While Legal, it may or may not be The Best Decision, Especially in Light of Various Circumstances that may Occasionally Occur at an Establishemnt or other Place Licensed to Sell and Serve Alcoholic Beverages. ***
    Last edited by aadvark; 04-24-2012 at 04:38 PM.

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