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Thread: Open Carry Issues

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    Regular Member JohnnyBlk45's Avatar
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    I OC often but I've never been stopped or detain by the police. I was wondering has anybody on this forum been stop for OCng by the police and if so what type of questions did the officer ask? I know they'll ask for your G.F.L. but what else?

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    yep.... http://www.georgiacarry.com/county/g...%206-10-08.pdf

    they asked for info and made demands for me to open my trunk and took random code sections jumbled them together to tell me it was illegal to carry a gun outside of my home. car or place of business etc

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    Regular Member JohnnyBlk45's Avatar
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    rmodel65 wrote:
    yep.... http://www.georgiacarry.com/county/g...%206-10-08.pdf

    they asked for info and made demands for me to open my trunk and took random code sections jumbled them together to tell me it was illegal to carry a gun outside of my home. car or place of business etc
    Correct me if I'm wrong but the only information that we are required to provide is our G.F.L. is that correct?

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    there's no law that requires that but my brother was arrested for refusing to do that...

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  5. #5
    Regular Member JohnnyBlk45's Avatar
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    I was working a gun show for GCO and I asked a police office if he saw me in public with my firearm on my hip, what would he do? The most he said he would do is ask me for my GFL....

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    Yes..., but when you live in a small town and the Officers know you by name it works out a little differently.

    However, there is no requirement under Georgia Law to Identify onesslef to Peace Officer, but one HAS to show His Georgia Firearms License when investigated under 16-11-128, per Gerogia code 16-11-128.

    The rationale behind this is simple..., as, no Georgia Firearms License, when Carrying a Pistol, means Arrest, under Georgia Law 16-11-128.The charge: Carying a Pistol without a License.

    You have to prove Licensure to Carry a Pisotl when in Public, outside your own: Home, Land, Property, Motor Vehicle, or Place of Business/Employment.

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    aadvark wrote:
    Yes..., but when you live in a small town and the Officers know you by name it works out a little differently.

    However, there is no requirement under Georgia Law to Identify onesslef to Peace Officer, but one HAS to show His Georgia Firearms License when investigated under 16-11-128, per Gerogia code 16-11-128.

    The rationale behind this is simple..., as, no Georgia Firearms License, when Carrying a Pistol, means Arrest, under Georgia Law 16-11-128.The charge: Carying a Pistol without a License.

    You have to prove Licensure to Carry a Pisotl when in Public, outside your own: Home, Land, Property, Motor Vehicle, or Place of Business/Employment.
    what....?


    O.C.G.A. ยง 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.

    the burden of proof is on the state not the person to prove you dont have a license if you carry openly....and theres no law that states you must give your gfl to a cop

    the federall court just held that lack of license is an element of the offense not an affirmative defense to carrying without a license
    http://www.georgiacarry.com/marta_ra...%20Motions.pdf


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    Let me clarify myself.

    I always give my Georgia Firearm License to The Police when I Openly Carry a Pistol, not that I have to do so, but rather, I prefer to do so.

    My comments on the previous post were only resemblant on my attitude on this issue, not the facts of Georgia State Law.

    Whenever I Openly Carry a Weapon or a Long-gun I do not furnish Identification or my Georgia Firearms License.

    I agree whole-heartedly, The State has the burden of proof of whatever Charge they levy against anyone.

    Citizens are always Innocent until proven Guilty, beyond a shout of a doubt.

    Nothing in my previous post was to be construed that someone is to be considered Guilty until they can prove themselves otherwise Innocent. Furthermore, there is not now, nor has there ever been, any Law requireing furnishing a Georgia Firearms License, or volunteering one is Armed, to any Georgia Peace Officer.

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    Never been stopped or had a comment at all. Life is good!

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    Regular Member Gunslinger's Avatar
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    rmodel65 wrote:
    there's no law that requires that but my brother was arrested for refusing to do that...

    .

    What was the outcome?
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    demanded a jury trial idk when its gonna have a date set....

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