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Thread: Public Gatherings and Open Carry

  1. #1
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    Hopefully, one day Georgia will join the other 31 States in this country that allow for the unconcealed carry of a Pistol without any type of License.

    Additionally, Georgia should do away with the antiquated 140 year old public gathering law that still haunts Georgians to this day.

    No other State in country, with the exception of North Dakota, regulates carrying Firearms in any manner similiar to Georgia. If you do not believe me then look at the Laws on the books in North Dakota thourgh their State Legislature website. Oddly, North Dakota is the only other State with a public gatherings law, it is unbelieveable!

    Ask the Georgia General Assembly when they reconviene next year to repeal Georgia State Laws 16-11-127, 16-11-127.1, 16-11-127.2, and 16-11-128. Also, ask them to further repeal 38-3-51(d)(8), 27-4-11.1(a)(1), 27-4-11.1(a)(2), and 21-2-413(i). It is a Federal defense already, under 18 U.S.C. 922(q)(2)(B)(ii), to have a State permit for school zones in the State where you have the permit, BUT GEORGIA IN ALL OF ITS INFINITE WISDOM... does not incoporate thatas a defense. However, I never expected it to. Since when is having a permit good for anything else in any criminal action on any of the above code sections other than 16-11-128? Now I am not advocating getting rid of our Georgia Firearms Licenses, but some things need to change here too. NAMELY... 16-11-129,er, the whole thing. In my opinion most of thatEXTREMELY RACISITLAW stinks... and it needs to go. ANYONE UP FOR A LITTLE ALASKA OR VERMONT STYLE CARRY WITHOUT RESTRICTIONS!!!!! IN GEORGIA I BELIEVE THAT WE ONLY NEED A PERMIT FOR INTERSTATE RECIPROCITY ONLY, NOTHING ELSE. PLEASE DO NOT GET ME STRATED ON 18 U.S.C. 922 AT ALL. SOMEONE NEEDS TO REMIND CONGRESS, AS TENNESSE AND MONTANA HAVE, ABOUT STATES RIGHTS AND STATE PREEMPTION ON MATTERS THAT THE CONSTITUTION OF THE UNITED STATES OF AMERICA DOES NOT GRANT TO CONGRESS. DOES ANYONE REMEMBER AMENDMENTS 9 AND 10, OR IS IT JUST ME?

    Also, of further interest, it would be nessecary to repeal 16-11-34.1(b)and the insurance code 33-24-30.1 should be amended to provide that an insuror should not even ask to Firearms, or Weapons ownership, and coverage can not be denied, in any event, for carrying or possesing Firearms or Weapons under any circumstances. The insurance code is sound in this aspect already, but it could bestrengthed to prohibit insurance companies from even contemplateing this and they should be fined if they do.

    Also, while weare at it, the Firearms range protection ordinance, 41-1-9(b) could be strengthed to disallow any contemplation of any nuisnace abatement by altering the term '... in operation for one year' to '... in operation...'. In essence delete the term 'for one year' so there is no look back time at all. Currently, if a sport shooting range violates this '... one year' rule then the Courts can shut it down should it find the range to be a nuisnace during some point in the first year. This is uncalled for, and any range that opens in this State should be immune from any nuisance or noise abatement claim from day one!

    Finally, the guard lines created under 42-5-14, prohibit anyone, other than the warden(s), superintendant(s), and other persons they authorize to come across any guard line with any kind of Firearm or Weapon. This a crime per 42-5-15, a Felony. This needs to be changed too, so as to exclude law abiding citizens, rather they have permission or not, so as long as they do not carry Firearms or Weapons to where the inmates are being kept. Local Jails in your community have these guard lines, and normally they are well marked, but in some cases they cover the parking lot. In this instance a pock knife in your truck in the wrong parking lot means a Felony! This needs to be changed.

    Ooh, I almost forgot, a few more things. I respect Private Property Rights, and on occasion I have been asked to leave some Private Properties for openly carrying a Pistol or openly carrying a Rifle ontothese properties becausethey said that it scares other people, namely their customers. Fine, but the General Assembly should amend the Law16-11-135 to read that a Private Property owner may prohibit Firearms and Weapons from their Property, BUT if anything should happen while someone who is legallyeligible to have a Firearm or Weapon, but could not because of those rules, gets hurt or is the victim of a crime while there... THEN THE PRIVATE PROPERTY OWNER IS FULLY RESPONSIBLE FOR BOTH CIVIL COMPENSATORY, AND POSSIBLE PUNATIVE DAMAGES IN COURT LATER. I understand that that action would result in a significant rewrite of this law, but I believe it is in the best ends of justice to do so.If my Pistol has to be left in my truck because of myEMPLOYERS RULES,then,I THINK THAT THE EMPLOYER IS RESPONSIBLE SHOULD MY PISTOL TURN UP STOLEN. I GUARNTEE THAT WOULD HAVE NEVER HAPPENED IN THE FIRST PLACE IF MY PISTOL WAS ON MY HIP... WHICH IS WHERE IT BELONGS IN THE FIRST PLACE!!!

    One last thought, we need to repeal 16-11-173(c), 16-11-173(d), and 16-11-173(e). These three last holdouts in State Preemption have somehow slipped through the cracks, so to speak, and fly in the face of the meaning of PREEMPTION.They are not called for nor are they need at all... they need to go too!



  2. #2
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    aadvark wrote:


    Ooh, I almost forgot, a few more things. I respect Private Property Rights, and on occasion I have been asked to leave some Private Properties for openly carrying a Pistol or openly carrying a Rifle ontothese properties becausethey said that it scares other people, namely their customers. Fine, but the General Assembly should amend the Law16-11-135 to read that a Private Property owner may prohibit Firearms and Weapons from their Property, BUT if anything should happen while someone who is legallyeligible to have a Firearm or Weapon, but could not because of those rules, gets hurt or is the victim of a crime while there... THEN THE PRIVATE PROPERTY OWNER IS FULLY RESPONSIBLE FOR BOTH CIVIL COMPENSATORY, AND POSSIBLE PUNATIVE DAMAGES IN COURT LATER. I understand that that action would result in a significant rewrite of this law, but I believe it is in the best ends of justice to do so.If my Pistol has to be left in my truck because of myEMPLOYERS RULES,then,I THINK THAT THE EMPLOYER IS RESPONSIBLE SHOULD MY PISTOL TURN UP STOLEN. I GUARNTEE THAT WOULD HAVE NEVER HAPPENED IN THE FIRST PLACE IF MY PISTOL WAS ON MY HIP... WHICH IS WHERE IT BELONGS IN THE FIRST PLACE!!!




    where did you OC a rifle to?? :shock::P

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    I openly carried my Rifle into a Local Grocery Store and Walmart, and after I had finished my business there I went into a RaceTrac Gas Station with my Rifle.

    I walked to and from all of the locations, and while on foot, i was stopped twice by the Local Police Department, who readily confirmed no Laws were being broken.

    After I had finished my business at these locations I stopped by a Local Park to enjoy the sunshine, no problems while there thanks to 16-11-127(e) and 16-11-173(b)(1).

    The only problem I had during that day is when some lady, in a minivan, did not like it when her children saw my Rifle and complained to the avaliable Gas Station attendant who asked me for the sake of some customers to not patornize his business in middle of the day with my Rifle. He told me to patronize his store later during the afternoon when it was not as busy.



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    aadvark - Have you heard of Georgia HB 615? You can read the text at:
    http://www.legis.state.ga.us/legis/2...text/hb615.htm

    If you support the bill, you should talk with your representatives about it.

  5. #5
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    Here, I had some problems with my insurance company for my shop. They started nosing around asking about my firearms kept at the shop. I told them to back off of my 2nd amendment rights. And they, much to my surprise did. But at renewal time, I thought they would cancel me for sure. But they didn't. Guess they wanted my money more than information I was unwilling to provide to them.

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    Yes I am aware of House Bill 615, and I have talked to Calvin hill, Chip Rogers, Sean Jerguson, and Charlie Bryd about the legislation.

    Also, I am aware of the fact that the legislation is currently in the Civil Non Judiciary committee waiting for the Georgia General Assembly to reconviene in January 2010.

    By the way, do not hesitiate to tell the Insurance Companies to back off when it comes to your Second Amendment Rights. They know the Law,... they just do not like it.




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    aadvark wrote:
    Additionally, Georgia should do away with the antiquated 140 year old public gathering law that still haunts Georgians to this day.

    No other State in country, with the exception of North Dakota, regulates carrying Firearms in any manner similiar to Georgia. If you do not believe me then look at the Laws on the books in North Dakota thourgh their State Legislature website. Oddly, North Dakota is the only other State with a public gatherings law, it is unbelieveable!
    In addition, although North Dakota's law is called a "public gathering" law, it is not open ended like Georgia's. It has a shortlist of specific places that are prohibited while armed. Georgia's law has a list of specific places, but states that a public gathering "shall include, but not be limited to" that list, so you can never really know for sure what endless list of places might be a public gathering even though not listed in the statute. In addition, because the law prohibits carrying "to or while at" a public gathering, it is not just inside the public gathering that is off limits. There is a lot of case law holding that the parking lot outside is also a public gathering, and even parking off premises up to 200 yards away where the gun is available to be retrieved and brought to the public gathering.

    Ever park with a gun in the glovebox at church or at a publicly owned building?

  8. #8
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    No I know better, but hopefully one day I will no longer have to worry about these stupid Case Law opinions.

    I however, remember, by heart, one specific Case Law-State v. Burns- that hasheld there is a difference inbetween Public Gathering and Public Place.

    APublic Place, i.e. Bank, does become a Public Gathering if it hosts a BBQ open to the public though.

    This is frustrating, and hopefully this will be changed soon.

    No I never take my Firearm or Weapon to or while ata PublicGathering in Georgia... atleast not purposefully.

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