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Thread: I don't live in Georgia

  1. #1
    Founder's Club Member ixtow's Avatar
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    I don't live in Georgia, but I border upon it. Florida.

    We have a sort of reciprocity with you guys.

    But, mine is a 'concealed' weapons permit. Issued by Florida.

    Does this limit me to carry only concealed? Or does Georgia's Law allow me to Open Carry due to reciprocity?

    Might someone field this quandry?
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
    http://edhelper.com/poetry/The_Hangm...rice_Ogden.htm

    https://gunthreadadapters.com

    "Be not intimidated ... nor suffer yourselves to be wheedled out of your Liberties by any pretense of Politeness, Delicacy, or Decency. These, as they are often used, are but three different names for Hypocrisy, Chicanery, and Cowardice." - John Adams

    Tyranny with Manners is still Tyranny.

  2. #2
    Regular Member Fallschirmjäger's Avatar
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    While visiting Georgia you will be required to follow Georgia's laws.

    If you were driving in New England but licensed to drive in Aridzona (where 75 is legal on the highway), you'd have to follow New England laws and only drive 55.

  3. #3
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    Reciprocity agreements between states usually call on each state to give the pistol license of the other state equal recognition to its own. Thus, even though your Florida license is a "concealed" license because Florida bans open carry you can open carry in Georgia because Georgia simplymakes it illegal tocarry a pistolwithout a licenseandmakes no distinction in its laws between open and concealed carry for license holders.

    Conversely, if I as a Georgia licensee was to travel to Florida my Georgialicense would only allow me the same right to carry as a Florida resident with a Florida license. I could not open carry in Florida based on the fact that my Georgia license allows me to do that in Georgia.

    Reciprocity agreements usually contain language stating that it is the responsibility of license holders in each state to know and follow the laws of the other state whenvisiting there. That includes not only concealment requirements but also off limits places, laws concerning signs posted making private businesses off limits,and other laws states may have pertaining to carrying weapons.

  4. #4
    Founder's Club Member ixtow's Avatar
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    While this makes logical sense, that doesn't always equate to legal sense...

    If I were to be Open Carrying in Georgia, with my Florida CWP, and a Po Po with a corncob up his you-know-where decides to 'make an example of me,' how safe am I from his/her abuse of power while carrying an out-of-state permit that says "concealed" right on it?

    I'm trying to follow the line of dis-logic that an anti LEO will use. Yes, Georgia issues a permit that does not specify Open or Concealed. But MY permit DOES specify. Where does the law say that he/she can't use that against me?

    I don't want to go to jail becasue I make sense, but the law (or a LEO) doesn't. Just wondering what kind of precedent/experience there is on this.

    Or maybe I should just move to Georgia? :-P
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
    http://edhelper.com/poetry/The_Hangm...rice_Ogden.htm

    https://gunthreadadapters.com

    "Be not intimidated ... nor suffer yourselves to be wheedled out of your Liberties by any pretense of Politeness, Delicacy, or Decency. These, as they are often used, are but three different names for Hypocrisy, Chicanery, and Cowardice." - John Adams

    Tyranny with Manners is still Tyranny.

  5. #5
    Founder's Club Member ixtow's Avatar
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    Good enough, so let me ask a different question.

    How many people do you have first-hand knowledge of, who Open Carry in Georgia with any other State's 'concealed' permit? Have they had LEO encounters?
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
    http://edhelper.com/poetry/The_Hangm...rice_Ogden.htm

    https://gunthreadadapters.com

    "Be not intimidated ... nor suffer yourselves to be wheedled out of your Liberties by any pretense of Politeness, Delicacy, or Decency. These, as they are often used, are but three different names for Hypocrisy, Chicanery, and Cowardice." - John Adams

    Tyranny with Manners is still Tyranny.

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    At first this seems like an open and shut case but is not always. One situation that may cause confusion is that is there actual reciprocity or does one state just honor another states permits. Second is how is the state reciprocity law written.

    For example if FL law just said that they would honor any permit from any other state a good lawyer could very well make a case that a GA permit is for OC and would apply in FL since FL had no requirements that FL laws be followed but rather just that they would honor GA permits. Normally when a reciprocity agreement is reached it is on the basis that each state will honor the other permit exactly as if it were issued by that state including all laws.

    It is not as cut and dried as it would first appear and does have some quirks that you would need to check out for each state. Nothing is 100% for sure and to think that every LEO knows every law and all the quirks is crazy. That is what the Supreme court is for. :shock:

  7. #7
    Founder's Club Member ixtow's Avatar
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    It seems there is a lack of tangible supporting evidence on the matter of open carrying with an out-of-state concealed permit.

    I guess I'll just have to stay home.
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
    http://edhelper.com/poetry/The_Hangm...rice_Ogden.htm

    https://gunthreadadapters.com

    "Be not intimidated ... nor suffer yourselves to be wheedled out of your Liberties by any pretense of Politeness, Delicacy, or Decency. These, as they are often used, are but three different names for Hypocrisy, Chicanery, and Cowardice." - John Adams

    Tyranny with Manners is still Tyranny.

  8. #8
    Regular Member Sonora Rebel's Avatar
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    I just spent the better part of an hour researching all I could locate relative to a 'furriner' OC'n in Georgia. 'Seems if you have a CCW in FL (or elsewhere... such as AZ) you can legally carry OC in Georgia. I have a friend in Columbus that I may go visit... 'n since I OC here daily... I'd feel nekkid w/o my piece. I have an AZ CCW.

  9. #9
    Founder's Club Member ixtow's Avatar
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    GaGunOwner wrote:
    Georgia's law on this topic is rather simple. By law, Georgia honors the license of any state that honors the GFL. Once the GA Attorney General verifies that a state honors the GFL he issues a press release adding that state to the list of states that GA honors. Georgia thenhonors that state's license at its own.
    Wonder if there is, or could be, a GA AG opinion on out-of-state 'concealed' permits qualifying for Open, a la when in rome.
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
    http://edhelper.com/poetry/The_Hangm...rice_Ogden.htm

    https://gunthreadadapters.com

    "Be not intimidated ... nor suffer yourselves to be wheedled out of your Liberties by any pretense of Politeness, Delicacy, or Decency. These, as they are often used, are but three different names for Hypocrisy, Chicanery, and Cowardice." - John Adams

    Tyranny with Manners is still Tyranny.

  10. #10
    Regular Member FLMason's Avatar
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    I just moved from Florida to TN. TN is anOC or CC state my fl. ccw permit is rec. by tn but i must folow tn laws which restricks where i my/may not carry and also alows me to open carry. i have applyed for a tn permit and was told by the dos that my fl ccw permit will be honerd untill my tn permit is recived

  11. #11
    Regular Member FLMason's Avatar
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    Sorry about the spelling I had my 16mo old son in my laptrying to help me

  12. #12
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    ixtow wrote:
    It seems there is a lack of tangible supporting evidence on the matter of open carrying with an out-of-state concealed permit.

    I guess I'll just have to stay home.
    Just look up the relevent Statutes!

    First, open carry as per 16-11-128.
    O.C.G.A. § 16-11-128
    Carrying pistol without license

    (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.

    (b) Upon conviction of the offense of carrying a pistol without a license, a person shall be punished as follows:

    (1) For the first offense, he shall be guilty of a misdemeanor; and

    (2) For the second offense, and for any subsequent offense, he is guilty of a felony, and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years.

    (c) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state.
    Now, concealed as per 16-11-126:

    O.C.G.A. § 16-11-126
    Carrying a concealed weapon

    (a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, knuckles whether made from metal, thermoplastic, wood, or other similar material, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.

    (b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows:

    (1) For the first offense, he or she shall be guilty of a misdemeanor; and

    (2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years.

    (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. Any person having been issued a license to carry a concealed weapon pursuant to Code Section 16-11-129 shall be permitted to carry such weapon, subject to the limitations of this part, in all parks, historic sites, or recreational areas as defined by Code Section 12-3-10 and in all wildlife management areas.

    (d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition.

    (e) This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle.

    (f) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state.
    You are good to go as far as modes of carry go. Open or concealed is not a crime for you. However, you should be familiar with Georgia's places off-limits (the infamous public gathering law) by reading:
    http://www.georgiapacking.org/GaCode...11&section=126

    A good place to start for a broad understanding of GA law is:
    http://www.georgiapacking.org/law.php

  13. #13
    Founder's Club Member ixtow's Avatar
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    Peacemaker wrote:
    ixtow wrote:
    It seems there is a lack of tangible supporting evidence on the matter of open carrying with an out-of-state concealed permit.

    I guess I'll just have to stay home.
    Just look up the relevent Statutes!

    First, open carry as per 16-11-128.
    O.C.G.A. § 16-11-128
    Carrying pistol without license

    (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.

    (b) Upon conviction of the offense of carrying a pistol without a license, a person shall be punished as follows:

    (1) For the first offense, he shall be guilty of a misdemeanor; and

    (2) For the second offense, and for any subsequent offense, he is guilty of a felony, and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years.

    (c) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state.
    Now, concealed as per 16-11-126:

    O.C.G.A. § 16-11-126
    Carrying a concealed weapon

    (a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, knuckles whether made from metal, thermoplastic, wood, or other similar material, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.

    (b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows:

    (1) For the first offense, he or she shall be guilty of a misdemeanor; and

    (2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years.

    (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. Any person having been issued a license to carry a concealed weapon pursuant to Code Section 16-11-129 shall be permitted to carry such weapon, subject to the limitations of this part, in all parks, historic sites, or recreational areas as defined by Code Section 12-3-10 and in all wildlife management areas.

    (d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition.

    (e) This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle.

    (f) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state.
    You are good to go as far as modes of carry go. Open or concealed is not a crime for you. However, you should be familiar with Georgia's places off-limits (the infamous public gathering law) by reading:
    http://www.georgiapacking.org/GaCode...mp;section=126

    A good place to start for a broad understanding of GA law is:
    http://www.georgiapacking.org/law.php
    Ah! This is what I was looking for. Yes, do my own homework, but 13 hour work days leave me a bit unmotivated.

    So, who lives near the Florida border and wants to help me lose my OC virginity?
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
    http://edhelper.com/poetry/The_Hangm...rice_Ogden.htm

    https://gunthreadadapters.com

    "Be not intimidated ... nor suffer yourselves to be wheedled out of your Liberties by any pretense of Politeness, Delicacy, or Decency. These, as they are often used, are but three different names for Hypocrisy, Chicanery, and Cowardice." - John Adams

    Tyranny with Manners is still Tyranny.

  14. #14
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    And charge you with what law?



  15. #15
    Founder's Club Member ixtow's Avatar
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    DKing wrote:
    And charge you with what law?

    " (c) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state."

    According to this, nothing, I hope.
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
    http://edhelper.com/poetry/The_Hangm...rice_Ogden.htm

    https://gunthreadadapters.com

    "Be not intimidated ... nor suffer yourselves to be wheedled out of your Liberties by any pretense of Politeness, Delicacy, or Decency. These, as they are often used, are but three different names for Hypocrisy, Chicanery, and Cowardice." - John Adams

    Tyranny with Manners is still Tyranny.

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