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Thread: Carrying a concealed and loaded weapon legal?

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    I read in one forum that you can carry a concealed weapon as long as you have a valid Georgia Carry Permit BUT, the weapon cannot be loaded. ?
    I can't find anywhere in the law where is states that. Is this a true statement? Seems ridiculous.

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    Bagman wrote:
    I read in one forum that you can carry a concealed weapon as long as you have a valid Georgia Carry Permit BUT, the weapon cannot be loaded. ?
    I can't find anywhere in the law where is states that. Is this a true statement? Seems ridiculous.

    I'll let someone from GA expand on this, but that's incorrect.

    What forum is that?

    -R

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    "Court upholds..."

    The problem with this Case that 'justified' The MARTA Police at 'pointed Firearms at [a] Lawful carrier' is that:

    1. In Georgia, carrying a concealed Firearm has a lot more 'politics' surronding it than what does carrying a Firearm Openly, however; in Atlanta, because of High Crime, carrying a Firearm is seen in a totally different light altogether.

    2. Mr. Raisse, I believe, actually concealed His Firearm as he was walking into the terminal. Yes, although His actions were Lawful, what raised the 'alarm' is that he moved His Firearm from Open carry to Concealed Carry as He was walking into the terminal in front of many People. Therefore, many People, who are themselves probably ignorant of Georgia Law, summoned Police because of the 'perception' that He was trying to do something 'discreetly', and trying to 'hide' something... i.e. a Pistol.

    3. Finally, in Georgia, under Case Law from the mid-1800s, carrying a Concealed Firearm/Weapon in Georgia is seen as something that is '...evil and hideous'. This is well established throughout many rulings under Georgia Law, which, is why, Georgia Law reads that whenever a Person carryies a Firearm in Public it has to be done so, '...only in an Open manner and fully exposed to view [of the public]'.

    In short... if He would of just left His Firearm out in the Open the ruling probably would have went in a lot different direction.

    In fact, whenver one carries a Firearm in Georgia at all, it is just best to leave it out in the Open, because; there are too many ways The Police/Courts can build a Case for Illegal Concealed Carry.

    Here is one, of about three or four bone-fide, examples:

    1. In Georgia, to carry a Pistol in Public at all one needs to have a Valid Georgia Firearms License, or its equivalent from another reconzed reciproctiy State (such as Virginia). Easy enough right..., wrong, its actually trickier, because,

    2. If the Pistol is carried Openly it does not have to be in Holster, and it does not matter if it is Loaded or not, but...

    3. If you carry a Pistol concealed, ...even with a Permit, you can be Arrested, on the spot, IF: A. The Pistol is not in a Holster, and then covered up in an attache/breifcase/coat/purse/etc., OR B. The Pistol is Loaded. Thats right People and that is how easy it is to mess it all up in Georgia, thanks Jim Crow..., yep, if your Pistol is Concealed in Georgia and a Police Officer finds out it is Loaded, then, ooops..., you are going to Jail! Also, if your Pistol is in Briefcase/under your Coat, and is trying to be Concealed, but imprints or sticks out, then, ooops... you are going to Jail again!

    Simply put, and this is a learning lesson for Mr. Raisse, I believe that is how one spells His name, but, anyway, simply put: A. Get a Valid Georgia Firearms License, or its equivalent, and B. Get a Holster, then, C. Load the Pistol, put it in the Holster, and wear it on your Hip or Thigh so that you do not have to worry about the 'technicalities' of our best Southern Friend... Mr. Jim Crow!

    Georgia Code confirms everything that I have said and it is codified under 16-11-126(Carrying a Concealed Weapon) and 16-11-128(Carrying Pistol without a License).

    Currently there is prefilied Legislation to do away with 16-11-128 and significantly rewrite 16-11-126 to make it a lot less confusing. The prefiled Legislation is Hose Bill 615, and there is also a Senate Bill, I believe, Senate Bill, er..., 291, I think.

    Hopefully soon, 'Pro-Gun' Georgia, will be a REAL 'Pro-Gun' State... like: Virginia, but until then, we all get to thank all of the Bla.. oops, I mean... Jim Crow Laws here in the Peach State!


    By the way... one more little tid-bit of information: All of the Firearm/Weapon Laws on the books in Georgia are all there because of Minorities in and around Atlanta, and other places in Georgia. All of these Laws were to disarm, Bla.. oops (underprivleadged), not Whi... ooops (Privleadged) while they [those People] went about their business in Public.

    This is the thread in the GA forum

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    Bagman, I think you may have been viewing the Communist State of California, they cannot carry loaded guns. In the good south, we can, and it doesn't need to be concealed either.

    Bagman wrote:
    I read in one forum that you can carry a concealed weapon as long as you have a valid Georgia Carry Permit BUT, the weapon cannot be loaded. ?
    I can't find anywhere in the law where is states that. Is this a true statement? Seems ridiculous.

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    Bagman wrote:
    3. If you carry a Pistol concealed, ...even with a Permit, you can be Arrested, on the spot, IF: A. The Pistol is not in a Holster, and then covered up in an attache/breifcase/coat/purse/etc., OR B. The Pistol is Loaded. Thats right People and that is how easy it is to mess it all up in Georgia, thanks Jim Crow..., yep, if your Pistol is Concealed in Georgia and a Police Officer finds out it is Loaded, then, ooops..., you are going to Jail! Also, if your Pistol is in Briefcase/under your Coat, and is trying to be Concealed, but imprints or sticks out, then, ooops... you are going to Jail again!
    Not quite correct.
    If you carry a pistol - concealed or openly - without a Georgia Firearms License, you are in trouble.

    As for concealed and loaded, that is fine, even with police officers. There's no law against it. Imprinting or showing, again, not a problem, because the Georgia law specifically states as much. It is totally up to the licensed individual whether to carry openly or concealed.

    As for carrying not in a holster but hidden in a purse, to my knowledge, that has not been hashed out in court yet. It would be up to a good lawyer to prove that a leather purse is similar to a leather holster. It is also legal to carry (again, openly or concealed) with only a belt clip to hold the gun. That is clearly stated in the law.

    See GeorgiaCarry.org and GeorgiaPacking.org for more accurate info.





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    Next, Georgia Law States, as is codified under Part 3, Article 4, Chapter 11, Title 16, Volume 14A, and more specifically, all that Code Section codified 16-11-128 that:

    Title 16 - CRIMES AND OFFENSES
    Chapter 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY
    Article 4 - DANGEROUS INSTRUMENTALITIES AND PRACTICES
    Part 3 - CARRYING AND POSSESSION OF FIREARMS


    The code sections are all Copyright © 2010 by The State of Georgia





    [line]





    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.






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    HISTORY: Ga. L. 1910, p. 134, §§ 1, 4; Code 1933, § 26-5103; Code 1933, § 26-2903, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 1430, § 3; Ga. L. 1996, p. 108, § 2; Ga. L. 2007, p. 47, § 16/SB 103.

    Folks... this is straight out of The Official Code of Georgia Annotated 2009-2010.

    Therefore, it is simple... if it [The Pistol] is Loaded, then, it has to be Carried in an Open Manner and Fully Exposed to View [of others/The Public], while; one goes about His business. This is to mesh well with the Open Manner and Fully Exposed to View requirements as are under 16-11-126. Simply put if you Load a Pistol, even as awkard as it may sound, then, The Pistol must be Carried Openly [while in Public]to avoid a Criminal Charge.



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    aadvark - If you go back and read my post you'll see that I wasn't trying to "take credit" for your thread/post, just asking others if what you wrote was correct. I'm new to the forum and wasn't sure how to pull in your post into my message so I "cut & paste". No intention of stealing your intellectual capital.

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    No, no, no....

    I know, I know... I wrote in all Capitals, again, and violated the Rules.

    Listen..., I am sorry. I did not mean the way it could have been read.

    Like I said though..., I was not angry at all. Just a little misunderstanding. That's all.

    Honestly, did you think that I have... what you called... 'Intellectual Capital'? You know, it takes a 'considerable' amount of studying, and I do put forth an real effort, to learn all of The States Laws concerning Firearms. It is an awlful lot to remember, when and where I can. Needless to say though, I do honestly try.

    Just curious...

    One more thing too... I know several People, including Police Officers, that I have argued about the 'Open Manner and Fully Exposed to View' verbage contained in 16-11-128. People think they can Conceal a Loaded Pistol in Georgia. I think that they could technically be Arrested if both The Pistol is Loaded and Concealed.

    After reading the Code that I posted, which is right out of the Code Book of Georgia, it seems obvious that The Georgia Legislature meant for them [The Pistols/etc.] to be carried Openly.

    What do you think?

    Additionally, I will erase the above, so cited, message.

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    aadvark wrote:
    Next, Georgia Law States, as is codified under Part 3, Article 4, Chapter 11, Title 16, Volume 14A, and more specifically, all that Code Section codified 16-11-128 that:

    Title 16 - CRIMES AND OFFENSES
    Chapter 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY
    Article 4 - DANGEROUS INSTRUMENTALITIES AND PRACTICES
    Part 3 - CARRYING AND POSSESSION OF FIREARMS


    The code sections are all Copyright © 2010 by The State of Georgia





    [line]





    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.






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    HISTORY: Ga. L. 1910, p. 134, §§ 1, 4; Code 1933, § 26-5103; Code 1933, § 26-2903, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 1430, § 3; Ga. L. 1996, p. 108, § 2; Ga. L. 2007, p. 47, § 16/SB 103.

    Folks... this is straight out of The Official Code of Georgia Annotated 2009-2010.

    Therefore, it is simple... if it [The Pistol] is Loaded, then, it has to be Carried in an Open Manner and Fully Exposed to View [of others/The Public], while; one goes about His business. This is to mesh well with the Open Manner and Fully Exposed to View requirements as are under 16-11-126. Simply put if you Load a Pistol, even as awkard as it may sound, then, The Pistol must be Carried Openly [while in Public]to avoid a Criminal Charge.


    Reread the section you quoted, it only applies to carry without a license when, and whenhunting/fishing/sport shootingon someone else's property without a GFL. There are no restrictionspertaining to loaded or unloaded weapons when carried with a license. The only restrictions for concealed carry say the weapon must be carried in a holster when concealed. Yes there are more laws and restrictions especially PG laws, but check out the link below it should answer most questions.


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



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    Galvatron..., I am not trying to be difficult, and yes I know about Georgia Packing, but, whenever I read a State Statute I have a proclivity to follow a literal reading of [that] Law.

    I have heard the Hunting argument before, and yes this conversation was with a Peace Officer of The State of Georgia, but I believe that because the Code is written absent any punctuation seperating the two clauses, namely a Period, then, it [the open manner and fully exposed to view clause] applies equally to both situations.

    Thats just my view anyway..., and I suppose I have that view anyway because I always Open Carry.

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    Read the first line of the section of GA code you quoted. Its relates only to carry without a license.

    O.C.G.A. § 16-11-128
    Carrying Pistol without License


    This section of code specificaly deals with the crime of Carrying Without a License. If your are not commiting this crime as described within the folowing paragraphs in that section,then there is no restriction on loaded or unlaoded carry

    Items in this section of code only apply to the laws addressed in the section.They cant be used for purposes other than what they are written for. So if you possess a GFL then they do not pertain to you.

    There is no need for additional punctation it does not pertain to anyone with a GFL.



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    Georgia firearms laws are far from simple or clear, but there is no question among the members - many of them lawyers - of GCO that carry with a license fully loaded is completely lawful. There are instances in which carry without a handgun license is also legal. You are reading some of those, and applying them to all situations. If you REALLY want to get confused, try to figure out what constitutes a "public gathering".


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    I just can not wait until The Georgia General Assembly repeals 16-11-127 AND 16-11-128.

    Everyone must support House Bill 615!!!!!

    Public Gatherings are: Athletic Events, Churches, Political Events, Public Buildings, Bars, and any other 'Gathering' (whatever the Hell that is!, ex. 400-500+ BBQ, per Court Ruling),

    But not: Parks, Historic Sites, Wildlife Management Areas, Public Transportation/Terminals, Restaurants that serve Alcohol, Shopping Centers (per Attorney General Opinion), Fast Food Restaurants (per Georgia Appeals Court Decision), and Malls (per Attorney General Opinion), however:

    1. Theatres, Amusement parks, Museums, Hospitals, and Parades are all GRAY, according to my Local Georgia Police Department, a.k.a.-Officers Discretion.

    2. I have carried in Banks, and Movie Theaters, and this was tolerated, but The Police asked me to leaveat the Olde Stage Theatre in Downtown.

    3. Many Companies and some People around my area, are intimidated by Open Carry, and theywill call The Police, BUT The Police simply ask me to leave, OR, they explain Private Property Rights to the callers.

    Until 16-11-127 is repealed, I do not think anyone will ocme up with a per se formula on 'Public Gathering', even the Local Sheriff's Office and Local Police Department disagree, to an extent, what is a Public Gathering.

    ..., however, they are ALL on the money on 16-11-126 and 16-11-128. They ALL agree that: 1. Open Carry of a Long gun/Weapon IS Legal (no Georgia Firearms License, etc. needed), BUT 2. Open Carry of a Pistol, while in Pulbic, REQUIRES a Georgia Firearms License.

    I will leave the Loaded/Unloaded dillema for another day...

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    Bagman wrote:
    I read in one forum that you can carry a concealed weapon as long as you have a valid Georgia Carry Permit BUT, the weapon cannot be loaded. ?
    I can't find anywhere in the law where is states that. Is this a true statement? Seems ridiculous.
    Bagman,

    The answer to your question is no. In Georgia, a firearms license is an affirmative defense to the crime of carrying a concealed weapon if the weapon is a revolver or pistol. The license does not permit the concealed carrying of a knife or other weapon. There is no law against carrying other weapons openly, however.

    There is a separate crime of carrying a pistol without a license that applies anytime you are outside of your home, car, or place of business, and the license is required to carry the weapon anytime you are outside of one of those threelocations, even if your handgun is exposed to view.

    ED

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    Bagman wrote:
    2. Mr. Raisse, I believe, actually concealed His Firearm as he was walking into the terminal. Yes, although His actions were Lawful, what raised the 'alarm' is that he moved His Firearm from Open carry to Concealed Carry as He was walking into the terminal in front of many People. Therefore, many People, who are themselves probably ignorant of Georgia Law, summoned Police because of the 'perception' that He was trying to do something 'discreetly', and trying to 'hide' something... i.e. a Pistol.
    Actually, Christopher Raissi was not wearing his gun at all when he parked. One police officer, not "many people," saw him holster his gun and pull his shirt over it for concealment. The facts described above do not reflect the real context of this case. The only person who had an issue with it was the MARTA police officer who saw it. The court order and all of the briefs are posted over at www.GeorgiaCarry.Org for your review and anybody else that is interested, so that we do not need to really on thirdhand internet postings for factual context.

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    I will read the briefs that you have indicated are posted at Georgia Carry.

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    Changes in law have actually taken place in the Georgia House Of Representatives. You can now carry without a holster. It passed. See "SB-291" & "SB-308". Take a look at "georgiapacking.org" as they regularly post updates on many carry issues.

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    I always carry wrote:
    Changes in law have actually taken place in the Georgia House Of Representatives. You can now carry without a holster. It passed. See "SB-291" & "SB-308". Take a look at "georgiapacking.org" as they regularly post updates on many carry issues.
    umm i dont believe you're correct nothing has been signed into law yet that im aware of.....

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    That DAMN COMMITTEE has scraped repealing 16-11-128!!!!!

    The ONLY good thing that came out of that COMMITTEE is that Misdemeanor Drug Convictions will not permantely bar you from getting a Georgia Firearms License anymore!!!!They will only now bar you for three years. As always Felony Convicitons, absent a Pardon, are permantly barring.

    Furthermore, the power shifted back to The Probate Court Judge and away from the Secretary of The State.

    In any event, HB 615 stillhas not progressed!!!!! It needs to, though!!!!! This Bill IS FAR BETTER than SB 291!!!!!

    sigh... Anyway, Ipray there is some hope left to do away with 16-11-127, 16-11-127.1, 16-11-127.2, and 16-11-128. If not, maybe they will amend it a little bit.

    I have every intention on going to meet Chip Rogers and Sean Jerguson about this in the coming up Town Hall meeting this weekend..., just South of Town.






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    I know this may not be the right forum, but I have a concealed carry in a vehicle question. I live in VA and have a VA CHP. I am travelling to Ft Stewart to see my son in July. VA has concealed carry reciprocity with NC and SC but not GA. I have researched this online, and it appears I MAY conceal carry in my vehicle in GA as long as I am not restricted from obtaining a GA concealed permit. I would like to know if I have read this right or if I need to transport my legal handgun in some other fashion when I cross into GA. Thanks for your help.

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    Transportation of a firearm while traveling through states in entirely different from carrying in another state. If there is no written reciprocity between states then do not do it. Your weapon will be illegal to carry. GA does not issue non-resident GFL's. Since you are not a GA resident, you are ineligible for a GFL. Which makes your concealed carry or any other type of carry illegal for you in GA. Probably not what you wanted to hear....

    I'd stick with the standard method of transporting your weapon into unfriendly states. Unloaded, kept in case, storedin a separate part of vehicle. If the vehicle allows any type of seperation, e.g a regular cab pick-up isnt going to offer any type of seperation compared to ageneric sedan.

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    This code section does not forbid the carrying of a loaded handgun in any private motor vehicle by a person who is not licensed, but also who is not prohibited from possessing a firearm, in an open manner and totally exposed to view. For those who are not listed as ineligible for a license (found below in the "Firearm License Carrying" section) may also place the gun anywhere inside the vehicle.
    Those listed as ineligible are (abbreviated):
    1. Prohibited by federal law
    2. Under 21
    3. Fugitive from justice
    4. Convicted felon
    5. Mental or Alcohol treatment in past 5 years (at discretion of the probate court)
    6. Conviction on controlled substances (ever)
    7. Illegal alien.

    See here for the law:
    http://georgiapacking.org/law.php

    The way I read this is
    You cannot be licensed, since you aren't a GA resident, therefore you fall into the "a person who is not licensed" clause, which says you MAY place the gun anywhere in the vehicle (if you are not disqualified for reasons 1..7).

    No carry on your person, and Ft. Stewart is off-limits due to their own rules.

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    Thank you. That is very helpful. I am not otherwise ineligible so it looks like loaded, open and in plain view is what is lawful. Makes me again realize what a pity it was that the national reciprocity law for concealed carry did not pass through congress. Maybe one day our elected leaders will be able to see the 2d Amendment more clearly. (P.S. Just to clarify, my son is stationed at Stewart but does not reside on Stewart. Being retired military I am well aware of the restrictions of having weapons on federal property. ) Thanks again

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