Advice for OC in ATL/MARTA

mark5019 said:

5 inches or more must have a georgia weapons license under 5 its up to the town i beleave

Click to expand...

Knives are preempted now.

mark5019 said:

lenox mall cc or be told to leave

Click to expand...

The Patricians who shop at Lenox Square Mall think they live and abide by NY and CA rules not Georgia's; they sometimes have to be reminded by the legislature and lawsuits this is still the South.

On 1 July 2014 a new law should be in effect, it states that police officers cannot legally ask a person about his or her openly carried weapon(s). This provision includes MARTA's police force too.

In this particular instance we may want to say exactly what the law says rather than use colloquial language...
The bill when it becomes effective will add a new Code Section, OCGA 16-11-137.

(a) Every license holder shall have his or her valid weapons carry license in his or her immediate possession at all times when carrying a weapon, or if such person is exempt from having a weapons carry license pursuant to Code Section 16-11-130 or subsection (c) of Code Section 16-11-127.1, he or she shall have proof of his or her exemption in his or her immediate possession at all times when carrying a weapon, and his or her failure to do so shall be prima-facie evidence of a violation of the applicable provision of Code Sections 16-11-126 through 16-11-127.2.

(b) A person carrying a weapon shall not be subject to detention for the sole purpose of investigating whether such person has a weapons carry license.

(c) A person convicted of a violation of this Code section shall be fined not more than $10.00 if he or she produces in court his or her weapons carry license, provided that it was valid at the time of his or her arrest, or produces proof of his or her exemption.

Click to expand...

An officer is still free to inquire as to why you are exercising your rights to carry, but he may not detain you solely for that purpose. If he stops a person for spitting on the sidewalk, he may ask about firearms in his efforts to find some illegality to take action against. He can also ask about it in the the course of a consensual encounter (which one is free to ignore) but he lacks authority to demand its display.

Essentially what this does is bring licensing for weapons carry (GWL) closely into line with licensing for driving (GDL).
In both instances a license must be carried when performing a licensed activity
In both instances failure to have the license in one's possession is a $10 fine, waived if said license is produced in court.
In both instances an officer is prohibited from stopping someone performing the licensed activity solely to ascertain possession of a license.

One glaring difference, OCGA 40-5-29 mandates that a GDL be displayed upon request of an officer (or face the $10 fine) whereas OCGA 16-11-137 contains no such authority to demand the display of a GWL. (And I'd take the ticket just for the pleasure of having Officer Friendly show up in court just to have me produce it and walk away scot free.)

Fallschirmjäger said:

..snipped..

Click to expand...

Thank you. I needed that explanation.

I Actually went to MARTA Headquarters and Spoke with MARTAs' Law Department about The Section Concerning 'Knives Larger than 5 Inches'.

They said that They were Aware of Georgia Code Section 16-11-136, and that They would Train ALL of Their MARTA Officers in The Appropriate Law Regarding License Holders who have The Authority to Carry Handguns and Knives, Pursuant to Georgia Codes 16-11-125.1(5) and 16-11-129.

That said..., once House Bill 60 becomes Law, MARTA will have to Delete The Inappropriate Language under H1 of Their Code of Conduct or Face Legal Action under The Dictates of The Newly Created Georgia Code Section 16-11-173(g).

aadvark