Results 1 to 22 of 22

Thread: Open Carry, bringing people and communities together

  1. #1
    Regular Member
    Join Date
    Jun 2006
    Location
    , ,
    Posts
    64

    Post imported post

    I was open carrying at the Comcast store in Marietta today. The effects were very interesting.

    I got there about 20 minutes before closing time, so there was a good line of people waiting.

    After a few minutes of people building up behind me, I started to hear little bits of conversations:

    "...well, they have laws about that..."

    "...in Kennesaw you're actually required to have a gun..."

    "...you better stay out of peoples' yards or you'll get shot..."

    "...well, I htink that stuff changed back in the 60 or 70s..."

    "...I'm glad to live in a country like this, I think..."

    ...and so on and so on.

    By the time I got up to the counter, it felt like everyone behind me was talking to each other.



    Open Carry, bringing people and communities together

  2. #2
    Founder's Club Member
    Join Date
    Nov 2006
    Location
    Fairfax Co., VA
    Posts
    18,766

    Post imported post

    A fine example!! Keep it up.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  3. #3
    Regular Member
    Join Date
    Sep 2006
    Location
    , ,
    Posts
    949

    Post imported post


  4. #4
    Regular Member
    Join Date
    May 2006
    Location
    , Tennessee, USA
    Posts
    416

    Post imported post

    Malum, you should continue to educate people as to the legality of OC. I was in Columbus a few weeks ago and mentioned it to someone. That person tried to tell me that open carry is prohibited in some counties to include Muscogee County.
    .

    Perhaps, you should come spread the news of OC's legality ? BTW, I have been busy lately, but I am still up for meeting up with you GA folks if you ladies/gents will let me.

    ProguninTN


  5. #5
    Regular Member
    Join Date
    Jan 2007
    Location
    , ,
    Posts
    1

    Post imported post

    mzmtg, malum,

    You guys sure get around, this is another great site I have been reading.

    TJ2000,

    :what::what::what:

  6. #6
    Regular Member
    Join Date
    Sep 2006
    Location
    , ,
    Posts
    949

    Post imported post

    ProguninTN wrote:
    Malum, you should continue to educate people as to the legality of OC. I was in Columbus a few weeks ago and mentioned it to someone. That person tried to tell me that open carry is prohibited in some counties to include Muscogee County.
    .

    Perhaps, you should come spread the news of OC's legality ? BTW, I have been busy lately, but I am still up for meeting up with you GA folks if you ladies/gents will let me.

    ProguninTN
    Actually, ALL carry is prohibited in the city of Columbus, openly or concealed. I do not know whether the ordinance is enforced, but it is on our list or things to look into. Obviously, the ordinance is preempted by state law. O.C.G.A. 16-11-173.

  7. #7
    Regular Member
    Join Date
    May 2006
    Location
    , Tennessee, USA
    Posts
    416

    Post imported post

    I see. Well, you have my support on that. (I know I'm out of state, but let me know if I can help.) I travel to Columbus on occasion, so I do not wish to have to defend against bogus charges.

    ProguninTN

  8. #8
    Regular Member
    Join Date
    May 2007
    Location
    Columbus, Georgia, USA
    Posts
    2

    Post imported post

    Hello to all.

    I live in Columbus and it's interesting that you say ALL carry in this town in illegal.
    I recently stopped one of Columbus' finest and showed him my CCW permit and asked him what exactly they concider "Concealed". He could not give me an answer. I proceeded to ask three other officers and the answer was the same.

    At no time did any of them inform me that all carry was prohibited.

    I have a copy of GA Codes 16-11-129 and it tells me that in this state I can carry open without a permit as long as it's in a "open manner and fully exposedto view".

    State law would override any Columbus prohibitions though.

    Kelbin.

  9. #9
    Founder's Club Member - Moderator Gray Peterson's Avatar
    Join Date
    May 2006
    Location
    Lynnwood, Washington, USA
    Posts
    2,238

    Post imported post

    Kelbin wrote:
    Hello to all.

    I live in Columbus and it's interesting that you say ALL carry in this town in illegal.
    I recently stopped one of Columbus' finest and showed him my CCW permit and asked him what exactly they concider "Concealed". He could not give me an answer. I proceeded to ask three other officers and the answer was the same.

    At no time did any of them inform me that all carry was prohibited.

    I have a copy of GA Codes 16-11-129 and it tells me that in this state I can carry open without a permit as long as it's in a "open manner and fully exposedto view".

    State law would override any Columbus prohibitions though.

    Kelbin.
    CCW? Georgia's license is called a "Georgia Firearms License", not a CCW. Also, that law that you're talking about is for within your car, not in public.

  10. #10
    Regular Member
    Join Date
    Sep 2006
    Location
    , ,
    Posts
    949

    Post imported post

    Kelbin wrote:
    Hello to all.

    I live in Columbus and it's interesting that you say ALL carry in this town in illegal.
    I recently stopped one of Columbus' finest and showed him my CCW permit and asked him what exactly they concider "Concealed". He could not give me an answer. I proceeded to ask three other officers and the answer was the same.

    At no time did any of them inform me that all carry was prohibited.

    I have a copy of GA Codes 16-11-129 and it tells me that in this state I can carry open without a permit as long as it's in a "open manner and fully exposedto view".

    State law would override any Columbus prohibitions though.

    Kelbin.
    It may be that they do not enforce it. It may be that none of these officers know about it. In any event, it would be preempted by state law.

    If you want to see the ordinance, however, it is Section 14-65, and you can get it online at municode or at the city clerk's office, or you can simply read here.

    http://www.georgiapacking.org/forum/...t=columbus+ban



  11. #11
    Regular Member
    Join Date
    May 2007
    Location
    , ,
    Posts
    2

    Post imported post

    FYI Open Carry is NOT legal in GA. Anyone who tells you different doesn't understand the law.

    GA 16-11-128

    (a) A person commits the offense of carrying a pistol without a
    license when he has or carries on or about his person, outside of
    his home, motor vehicle, or place of business, any pistol or
    revolver without having on his person a valid license issued by the
    judge of the probate court of the county in which he resides,
    provided that no permit shall be required for persons with a valid
    hunting or fishing license on their person or for persons not
    required by law to have hunting licenses who are engaged in legal
    hunting, fishing, or sport shooting when the persons have the
    permission of the owner of the land on which the activities are
    being conducted; provided, further, that the pistol or revolver,
    whenever loaded, shall be carried only in an open and fully exposed
    manner.

    The only time a pistol may be carried open in GA with or without a license is when they have a valid hunting or fishing permit, and on private property where the actual hunting or fishing is occurring, and they have permission from the owner.

    Do not misconstrue this code to say that you can carry open (with or without a permit) anywhere else, EDIT: other than, of course, your home, vehicle, and place of business.

  12. #12
    Newbie cato's Avatar
    Join Date
    Oct 2006
    Location
    California, USA
    Posts
    2,335

    Post imported post

    BlackOp wrote:
    FYI Open Carry is NOT legal in GA. Anyone who tells you different doesn't understand the law.

    GA 16-11-128

    (a) A person commits the offense of carrying a pistol without a
    license
    when he has or carries on or about his person, outside of
    his home, motor vehicle, or place of business, any pistol or
    revolver without having on his person a valid license issued by the
    judge of the probate court of the county in which he resides,
    provided that no permit shall be required for persons with a valid
    hunting or fishing license on their person or for persons not
    required by law to have hunting licenses who are engaged in legal
    hunting, fishing, or sport shooting when the persons have the
    permission of the owner of the land on which the activities are
    being conducted; provided, further, that the pistol or revolver,
    whenever loaded, shall be carried only in an open and fully exposed
    manner.

    The only time a pistol may be carried open in GA with or without a license is when they have a valid hunting or fishing permit, and on private property where the actual hunting or fishing is occurring, and they have permission from the owner.

    Do not misconstrue this code to say that you can carry open (with or without a permit) anywhere else, EDIT: other than, of course, your home, vehicle, and place of business.
    You should re-read your own citation. The hunting permit is just an exeption to the law if the individual doesn't have a pistol license and is engaged in hunting. Open Carry with a "license" is not prohobited by this section because of above bolded citation.

  13. #13
    Regular Member
    Join Date
    May 2007
    Location
    , ,
    Posts
    2

    Post imported post

    With a permit, is a different discussion... 16-11-127 allows concealed carry only with a permit...

    (c) This Code section shall not permit, outside of his or her home,
    motor vehicle, or place of business, the concealed carrying of a
    pistol, revolver, or concealable firearm by any person unless that
    person has on his or her person a valid license issued under Code
    Section 16-11-129 and the pistol, revolver, or firearm may only be
    carried in a shoulder holster, waist belt holster, any other
    holster, hipgrip, or any other similar device, in which event the
    weapon may be concealed by the person's clothing, or a handbag,
    purse, attache case, briefcase, or other closed container.
    Carrying
    on the person in a concealed manner other than as provided in this
    subsection shall not be permitted and shall be a violation of this
    Code section.

    You could argue the word 'may' semantically, but many judges have ruled already that concealed means concealed. At the very least, there is no exception in the law that permits open carry without a license. And with will likely still get you arrested.

  14. #14
    Newbie cato's Avatar
    Join Date
    Oct 2006
    Location
    California, USA
    Posts
    2,335

    Post imported post

    BlackOp wrote:
    FYI Open Carry is NOT legal in GA. Anyone who tells you different doesn't understand the law...


    ...The only time a pistol may be carried open in GA with or without a license is when they have a valid hunting or fishing permit, and on private property where the actual hunting or fishing is occurring, and they have permission from the owner.

    Do not misconstrue this code to say that you can carry open (with or without a permit) anywhere else, EDIT: other than, of course, your home, vehicle, and place of business.
    Ok. I was kind of fixated on the above bold statements and compared to your own citation I could not understand yourlegalopinion. If you don't like OC for political or tactical reasons, well, I can respect your opinion based on personal thoughts. I don't know GA law, however, based on your citations, OC with a pistol license isnot prohibited by the sections you've quoted; hunting license or not is not a factor unless hunting without a pistol license.


  15. #15
    Newbie cato's Avatar
    Join Date
    Oct 2006
    Location
    California, USA
    Posts
    2,335

    Post imported post

    BlackOp wrote:
    You could argue the word 'may' semantically, but many judges have ruled already that concealed means concealed.
    Well, concealed means what ever the case law or legislators have defined. "May" is just that; "may" carry concealed. I can arrest and charge anyone with anything. But I better have PC that the violation applies or I risk my own neck. False arrest can have consequences.

    BlackOp wrote:
    At the very least, there is no exception in the law that permits open carry without a license.
    That appears correct, based on your cites.



    BlackOp wrote:
    And (OC) with (a license)will likely still get you arrested.
    Really? For what charge? Or do you concede to making afalse arrest to make a point? Is it worth your job or even prison time?

  16. #16
    Regular Member
    Join Date
    Sep 2006
    Location
    , ,
    Posts
    949

    Post imported post

    BlackOp wrote:
    FYI Open Carry is NOT legal in GA. Anyone who tells you different doesn't understand the law.

    GA 16-11-128

    (a) A person commits the offense of carrying a pistol without a
    license when he has or carries on or about his person, outside of
    his home, motor vehicle, or place of business, any pistol or
    revolver without having on his person a valid license issued by the
    judge of the probate court of the county in which he resides,
    provided that no permit shall be required for persons with a valid
    hunting or fishing license on their person or for persons not
    required by law to have hunting licenses who are engaged in legal
    hunting, fishing, or sport shooting when the persons have the
    permission of the owner of the land on which the activities are
    being conducted; provided, further, that the pistol or revolver,
    whenever loaded, shall be carried only in an open and fully exposed
    manner.

    The only time a pistol may be carried open in GA with or without a license is when they have a valid hunting or fishing permit, and on private property where the actual hunting or fishing is occurring, and they have permission from the owner.

    Do not misconstrue this code to say that you can carry open (with or without a permit) anywhere else, EDIT: other than, of course, your home, vehicle, and place of business.
    Open carry requires a license. Is that what you mean? :?

  17. #17
    Regular Member
    Join Date
    Sep 2006
    Location
    , ,
    Posts
    949

    Post imported post

    BlackOp wrote:
    With a permit, is a different discussion... 16-11-127 allows concealed carry only with a permit...

    (c) This Code section shall not permit, outside of his or her home,
    motor vehicle, or place of business, the concealed carrying of a
    pistol, revolver, or concealable firearm by any person unless that
    person has on his or her person a valid license issued under Code
    Section 16-11-129 and the pistol, revolver, or firearm may only be
    carried in a shoulder holster, waist belt holster, any other
    holster, hipgrip, or any other similar device, in which event the
    weapon may be concealed by the person's clothing, or a handbag,
    purse, attache case, briefcase, or other closed container.
    Carrying
    on the person in a concealed manner other than as provided in this
    subsection shall not be permitted and shall be a violation of this
    Code section.

    You could argue the word 'may' semantically, but many judges have ruled already that concealed means concealed. At the very least, there is no exception in the law that permits open carry without a license. And with will likely still get you arrested.
    That is 126, not 127. Please edit your post.

    FYI - 126 is the concealed carry statute. 128 is the open carry statute.

  18. #18
    Regular Member
    Join Date
    Sep 2006
    Location
    , ,
    Posts
    949

    Post imported post

    Please note that only the concealed carry statute has a holster requirement.

  19. #19
    Regular Member
    Join Date
    May 2007
    Location
    Columbus, Georgia, USA
    Posts
    2

    Post imported post

    Good afternoon,

    According to Packing.org, a Georgia Firearms License holder can carry concealed or open in the state of GA.

    But I cannot find this in the codes.

    Can anyone out there point me to the statement in the codes that says we can carry in an open manner IF we have a valid GA license?

    Thank you.

    Bobby

  20. #20
    Regular Member
    Join Date
    Sep 2006
    Location
    , ,
    Posts
    949

    Post imported post

    Sir, you will not find it in the codes. 16-11-126 regulates concealed carry. 16-11-127 regulates where one may carry (but it is by no means a complete list). 16-11-128 regulates open carry.

    There is no law that states you may open carry. Criminal laws tell you what you cannot do, not what you can do. There is no statute that says you may refrain from robbing banks. Instead, there is a statute that states that it is illegal to rob banks. The lack of a statute criminalizing not robbing the bank means that it is legal not to rob banks.

    This link http://www.georgiapacking.org/law.php

    has all of the relevant Georgia codes (so you can look at the ones I quote), the case law, the attorney general opinions, and a description in plain English of what the gun laws say. I suggest you pay them a visit.

    If you are a Georgia resident, you should note they have an active discussion forum.

  21. #21
    Regular Member
    Join Date
    Apr 2007
    Location
    Statesboro, Georgia, USA
    Posts
    23

    Post imported post

    If OC is illegal in GA then I should be in jail many, many times over.

    I've OC'ed all over the state and only had one negative experience (which is posted here, somewhere)

  22. #22
    Founder's Club Member
    Join Date
    Jul 2006
    Location
    Gainesville, VA
    Posts
    549

    Post imported post

    BlackOp wrote:
    . At the very least, there is no exception in the law that permits open carry without a license. And with will likely still get you arrested.
    Well, what about this?

    ยง 16-11-130.Exemptions from Code Sections 16-11-126 through 16-11-128 (a)Code Sections 16-11-126 through 16-11-128 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



    Therefore, anyone in the military can open carry without a license. The statute has no qualification stating they must be "in performance of their duty" or anything like that.

Posting Permissions

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