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MI resident visiting GA

S

Springfield Smitty

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May 22, 2009
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OKC, OK (Heading back to MI very soon - thank good
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What type of permits or licenses would I need if I want to OC in Georgia during my visit? I am a Michigan resident and OC is legal with no licensing or permit.

From what I understand of GA law, there is not aCPL or OC permit, just a permit to carrry, period. That means you can OC or CC, but need to have the permit first. Does that mean that I need a permit to conceal (CPL) from MI in order to OC in GA?

I also understand that one can transport a pistol in a vehicle as long as it is in open view and no permit is needed. Does that mean it can be loaded? What exactly is considered "in open view"?
 
P

Peacemaker

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Yes, otherwise the charge of:

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.
Click to expand...

As a non-resident of Georgia, you also need a permit to carry in your car. A resident, who is not ineligible for a GFL can carry anywhere in his or her vehicle without a permit.
 
buster81

buster81

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Aug 25, 2008
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1,461
Location
Richmond, Virginia, USA
imported post

Peacemaker wrote:
Yes, otherwise the charge of:

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.
Click to expand...

As a non-resident of Georgia, you also need a permit to carry in your car. A resident, who is not ineligible for a GFL can carry anywhere in his or her vehicle without a permit.
Click to expand...

According to http://apps.carryconcealed.net/legal/georgia-ccw-state-laws.php

"Georgia is not a traditional open carry state. However, open carry IS legal with a Georgia permit. It is also worthy of note that you MAY openly carry a firearm without a permit in a motor vehicle."

Way too confusing???
 
P

Peacemaker

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, Georgia, USA
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buster81 wrote:
...
"Georgia is not a traditional open carry state. However, open carry IS legal with a Georgia permit. It is also worthy of note that you MAY openly carry a firearm without a permit in a motor vehicle."
[/quote]

I want to address the bolded portion of the quoted text.

Case law in Georgia indicates that a weapon is considered concealed in a vehicle unless it is visible from all on-lookers. Therefore, unless the gun is tapped to the windshield or hanging on a lanyard from the rear view mirror then it is NOT being openly carried according to the courts.
 
buster81

buster81

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Joined
Aug 25, 2008
Messages
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Richmond, Virginia, USA
imported post

Peacemaker wrote:
buster81 wrote:
...
"Georgia is not a traditional open carry state. However, open carry IS legal with a Georgia permit. It is also worthy of note that you MAY openly carry a firearm without a permit in a motor vehicle."
Click to expand...


I want to address the bolded portion of the quoted text.

Case law in Georgia indicates that a weapon is considered concealed in a vehicle unless it is visible from all on-lookers. Therefore, unless the gun is tapped to the windshield or hanging on a lanyard from the rear view mirror then it is NOT being openly carried according to the courts.[/quote]


Thanks for the info. So, when driving through, what do I do with my gun? Unload and put in glove box, unload and put in trunk?
 
R

rmodel65

Regular Member
Joined
Apr 27, 2008
Messages
488
Location
, ,
imported post

buster81 wrote:
Peacemaker wrote:
buster81 wrote:
...
"Georgia is not a traditional open carry state. However, open carry IS legal with a Georgia permit. It is also worthy of note that you MAY openly carry a firearm without a permit in a motor vehicle."
Click to expand...


I want to address the bolded portion of the quoted text.

Case law in Georgia indicates that a weapon is considered concealed in a vehicle unless it is visible from all on-lookers. Therefore, unless the gun is tapped to the windshield or hanging on a lanyard from the rear view mirror then it is NOT being openly carried according to the courts.
Click to expand...


Thanks for the info. So, when driving through, what do I do with my gun? Unload and put in glove box, unload and put in trunk?













get a NH license or PA etc whatever is the cheapest or go for a Florida


if you dont have a GFL or a license that has reciprocity you must carry unloaded cased etc in accordance to Federal Law
 
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