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Thread: Open carry permit in Georgia.

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    Last week I applied for an open carry permit in Georgia after trying to purchase a pistol at the Gun show. I was told that my application for the purchase was on hold and that I should apply for an open carry permit to get any issues cleared up. After applying, I found that a 2007 battery arrest/ family violence was not listed as dismissed on my GCIC. I have went to the state court and gotten a certified copy of my dismissal and took to probate court to meet all criteria. When I got to the probate court, the Judge asked about the 2007 charge and stated that even though it was nol proc/ dismissed, she said she still had the authority not to grant the carry permit and wanted to look into the case before making her decision. My question is... If I meet all criteria for open carry according to state law, it is the role of a probate Judge to approve or deny my application based on "looking in" at my dismissed case? I don't have anything to hide in the case and the Judge canlook if she chooses, it just seemed that somehow my right to open carry according to state law is somehow compromisedby this action. Any thoughts?

    Ed

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    Get with Georgia carry. Depending on your issues, they might be able to use you to file a suit, to have the permit declared invalid, for OC.

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    Although Domestic Vioence is a Federal Prohibitor under 18 U.S.C. 922(g)(8), it is not a State Prohibitor under Georgia Law.

    However, if your Probate Court does not abrogate from this Law, then, it is within all probability that this could bar you from recieving a Georgia Firearms License.

    However, under Gerogia Code 16-11-129(b)(1) [one] is prohibited from obtaining a Gerogia Firearms License if they areprohibited under Federal Law, as above.

    Furhtermore, if it was a Forcible Misdeameanor, but not a full Domestic Violence situation, then, [one] may be well prohibited for 5 years, per Georgia Law 16-11-129(b)(3).

    IF the dismissal is within the Federal Statute as what constitutes a Pardon, as it pertains to Domestic Violence, then, the bar may only be for 5 years.


    ***Personally, I think the Family Violence thinghas goten out of control, and in many States one can be Arrested for Family Violence for merely yelling. Unlike many States, however, Georgia still uses Common Sense and has refused to mandate Shall Arrest policies within this State. Many StatesREQUIRE Arrest for Domestic Violence over anysimple thing such as: yelling, arguing, throwing a sock, etc.





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    just to add... The Judge said I can purchase a handgun since the case was dismissed, she then said she was going to "look into my dismissed case before issuing a permit for carrying it. That's what confused me.

    Ed

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    NugsDad wrote:
    Last week I applied for an open carry permit in Georgia
    What's an open carry permit?

    Were you referring to a Georgia Firearms License?

    GFL allows for the carry of a firearm either open or concealed.

    Come over to Georgia Carry ( http://www.georgiacarry.org ) and see if there is recourse for you. Also check out: http://www.georgiapacking.org and say hello.

    Welcome in advance.

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    status update...I just recieved my firearms license in the mail! crisis averted lol.

    Ed

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    Congratulations!

    Just remeber a couple of little things:

    1. NO CARRY at Public Gatherings, Georgia Law 16-11-127, and

    2. NO CARRY in, on, or within, a 1000 feet of ANY SCHOOL Georgia Law 16-11-127.1, and

    3. NO CARRY at a Nuclear Power Plant, Georgia Code 16-11-127.2

    P.S.: IF you Carry a Pistol Concealed, unload the Pistol, unless; you get Arrested for Violating 16-11-128 of Georgia Law. But do not forget to have that Unloaded Pistol in a Holster, per Gerogia Law 16-11-126!

    P.S.2: IF you load a Pistol, then, you have to Carry that Pistol Openly, but youdo not need a Holster. (See Georgia Codes mentionedin P.S.)

    By the way: 16-11-127 is on the back of your Permit, jsut remember ALL of those places while in Town, and yes, having a Gun in your Car while at any of those places is a Violation of 16-11-127!

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    aadvark wrote:
    Congratulations!

    Just remember a couple of little things:


    P.S.: IF you Carry a Pistol Concealed, unload the Pistol, unless; you get Arrested for Violating 16-11-128 of Georgia Law. But do not forget to have that Unloaded Pistol in a Holster, per Gerogia Law 16-11-126!

    P.S.2: IF you load a Pistol, then, you have to Carry that Pistol Openly, but youdo not need a Holster. (See Georgia Codes mentionedin P.S.)

    By the way: 16-11-127 is on the back of your Permit, jsut remember ALL of those places while in Town, and yes, having a Gun in your Car while at any of those places is a Violation of 16-11-127!


    Im Confused by your post

    in reference to P.S. why do you state that you have to unload your weapon if you carry concealed when you have a G.F.L. ?????

    It is my understanding of Georgia law that if you have a G.F.L. or a license from a state that has reciprocity with Georgia that you may carry a loaded firearm open or concealed "your Choice" with the exceptions of those places listed in 16-11-127 ...public gathering,EtC..

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    aadvark wrote:
    Congratulations!

    Just remeber a couple of little things:

    1. NO CARRY at Public Gatherings, Georgia Law 16-11-127, and

    2. NO CARRY in, on, or within, a 1000 feet of ANY SCHOOL Georgia Law 16-11-127.1, and

    3. NO CARRY at a Nuclear Power Plant, Georgia Code 16-11-127.2

    P.S.: IF you Carry a Pistol Concealed, unload the Pistol, unless; you get Arrested for Violating 16-11-128 of Georgia Law. But do not forget to have that Unloaded Pistol in a Holster, per Gerogia Law 16-11-126!

    P.S.2: IF you load a Pistol, then, you have to Carry that Pistol Openly, but youdo not need a Holster. (See Georgia Codes mentionedin P.S.)

    By the way: 16-11-127 is on the back of your Permit, jsut remember ALL of those places while in Town, and yes, having a Gun in your Car while at any of those places is a Violation of 16-11-127!
    Like Kansas law rule you cite,some of what yor proffer is incorrect.

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    I did that to make fun of Georgia Law sarcastically.

    However, what I proffer is correct.

    Just read Georgia Law 16-11-128.

    Maybe..., just maybe..., because I have the Code Book itself..., I happen to see Judicial opinions that say, '...It does not matter why one carries a Handgun, even with a Permit, for, when Loaded, it must be carried Openly.'

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    aadvark wrote:
    I did that to make fun of Georgia Law sarcastically.

    However, what I proffer is correct.

    Just read Georgia Law 16-11-128.

    Maybe..., just maybe..., because I have the Code Book itself..., I happen to see Judicial opinions that say, '...It does not matter why one carries a Handgun, even with a Permit, for, when Loaded, it must be carried Openly.'

    not with this again....if you have a permit it may be concealed.....

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    To: aadvark

    I'm afraid i'm gonna have to throw the Bovine excrement flag on you.

    Here is 11-16-128 Carrying pistol without license you suggested we read. It only says that without a Valid License
    if you are hunting, fishing or involved in sport shooting you must carry a loaded firearm openly. Hence the heading without a license
    To open or conceal carry a loaded firearm outside of the provisions in section (a) you must have a G.F.L. or a firearms license from a state (section (c) that has reciprocity with the state of Georgia.
    . Section (a) clearly defines what you are allowed to do without a license.

    It is hard enough for newbies that decide to carry a firearm, to understand the laws without someone picking one phrase out of the whole sentence and twisting it.

    Punctuation ( ; ) used to separate two clauses that are connected, but which could be written as two sentences: Paul hit the ball; it went over....
    A semicolon ( ; ) is a conventional punctuation mark with several uses, mainly for pauses in sentences and breaks in lists.

    Just saying
    Woody,


    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.

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    Please don't post misinformation that could get someone hurt/killed.

    It's pretty simple: 3 choices are yours.

    1. Carry concealed (loaded or unloaded, your choice)
    but gun MUST be in a holster, belt clip, etc.

    2. Carry openly (loaded or unloaded, your choice)
    in a holster, belt clip, etc.

    3. Carry openly without a holster. How are you going to do that? Carrying it in your hand seems like a really dumb idea.

    Carrying an unloaded gun is a very bad idea, you'd be safer leaving it at home.

    BTW: If loaded licensed carry were illegal, there would be lots of Georgians in jail.

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    GA doesn't have an open or conceal carry permit... GA has a Georgia Firearms License (G.F.L.). This G.F.L. allows you to open or conceal carry it's up to you...

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    so because i have a G.F.L i can either open carry or conceal my weapon if i choose to.

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    G23.40 wrote:
    so because i have a G.F.L i can either open carry or conceal my weapon if i choose to.
    That is correct.

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    now are you 100% sure cuz i dont want to carry openly and get arrested or something.

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    Just because we tell you the law regarding G.F.L. it's your responsibility to learn the laws. If I was you I would make sure I understand the laws of GA. Carrying a firearm is a "BIG" responsibility, a life changer for most. If your going to carry a firearm, make sure you carry for the right reasons. Also you need to join Georgia Carry.org ($15.00), go to their website www.georgiacarry.org and read and read some more. The GA laws in plain english is located at www.georgiapacking.org, it's a good read but it's not a legal document.

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    ive been carrying a concealed weapon for a while now and i didnt think georgia was an open carry state then i started to see alot of people recently open carrying so i started to make me wonder if you can open carry in georgia.

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    Ok.. cool. I like to OC especial on the weekends.

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    question about SB291 has that bill passed or is it still being voted on? and its not illegal to open carry?

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    The amount if incorrect information on this site is overwhelming.

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    G23.40 wrote:
    question about SB291 has that bill passed or is it still being voted on? and its not illegal to open carry?
    SB 291 has a hearing in the House Public Safety Committee today at 2:00 p.m., Room 606 CLOB.



    It is not illegal in Georgia to carry a pistol openly so long as you have a firearms license. We have a decent shot (fair) of getting rid of the licensing requirement for carrying openly this year.

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    Unfortuantely, neither of the two Bills that made 'Crossover Day' allow Open Carry of a Pistol without a License.

    Senate Bills 291 and 308 made 'Crossover Day',however; every other Pro-Gun Bill has died.

    'Crossover Day' refers to the Day in which a Bill has to pass to the other Legislative Body in order to be considered to become Law and have a chance to go to The Governor.

    Senate Bill 291 does nothing to Carry Statutes, but it does adjust, by making it easier actually, to obtain a Georgia Firearms License. It does this by removing some of the current restrictions on the Licensing decision by The Probate Court Judge, and repeals some statatory prohibitors such as offenses under Firearm carrying restrictions 16-11-126 through 16-11-128, and also allows issuance to Misdemeanant Drug Offenders after 5 years of supervision completion.

    This Bill also adds a new Law to The Official Code of Georgia Annotated. The new Code is 16-11-136, which similiar to 16-11-135, protects Georgians Firearm Rights by making a 'Katrina Bill' which protects a Firearm owner from Government sanctioned seizure or confiscation of Firearms, regardless, if there is a State of Emergency or not.

    'Katrina Bills' have now been passed widely throughout the Country as a result to past Firearm seizures in New Orleans, Louisiana after Hurricane Katrina.

    Senate Bill 308 does not allow Open Carry of a Weapon without a Weapons Carry License, hence, the current Georgia Firearms License would be renamed. Weapon, per this Bill, is only defined as:

    1. Any Handgun, or

    2. Any Knife, with a blade greater than 5 inches in length.

    All other things that Persons would normally think of as Weapons are not included, unless one is in a School Safety Zone. The reason the License is being renamed is to fix a flaw under current Gerogia Law that does not allow Concealed Carry of Weapons, even by License holders. Under the new Law, should it become Law, this Bill would allow, say..., Concealed Carry of a Knife, as defined above, something which is currently forbidden now, and in fact, under current Law, is a Crime, per Georiga Code 16-11-126, is no longer Illegal. All other Firearms (i.e. Long-Guns) and all other Weapons (i.e. Asps, Clubs, Sticks, Metal Knuckles, etc.) would be allowed both Openly or Concealed with no need for a Permit for the same, unless you are a Felon, in which Case Georgia Code 16-11-131 still applies, but only prevents you from having Pistols and Long-Guns, but not any other type of Weapon. Obstensibly though, Convicted Felons can not be Licensed under 16-11-129 at any rate.

    Furthermore, the Bill removes the Public Gatherings, to an extent, by replacing Public Gatherings, to an extent. Under the new text Carrying a Weapon, as defined above, would be Legal at:

    1. Athletic and Sporting Events,

    2. Political Events, and

    3. Churches, depending on whether The Churchallows Weapons.

    However, the Bill adds:

    1. Bars, unless the Owner allows Weapons by those with Georgia Carry Licenses

    *** Bars, under current Law are Illegal, if said Bar derives more than 50% of their Income from the sell of Alcohol. However, under this new Bill, Bar is defined as: [being a/n] Tavern, Lounge, Nightclub, or Cavaret. Bars in Restaurants that sell Alcohol, which means you could Drink Alcohol and Carry there, would then presumably become Legal. Since 16-11-127(f) would no longer exsist as Law as we know it, then, Drinking Alcohol, while Armed with a Weapon, over a Meal, would not be Illegal, so as long as you are not in a bona-fined Nightclub or Bar proper. However, Drinking Alcohol while Armed, especially in Public, would not be wise and I personally discourage such a practice. Hereagain, Bona-fined Bar Ownerswould be able to decide for themselves if they wish to allow Weapons inside or not.***

    2. State Mental Health Hospitals, and

    ***This is a new 'off-limits' place, but regular Hospitals would be fine, less Private Property Rights under Georgia Code 16-7-21.

    3. Board of Regents Athletic Events

    *** Notice: Only these Athletic Events would become Illegal. So called 'School-Zone' exceptions never cease to amaze me, and they rarely fail. Therefore, Carrying your Glock 17 on your Hip to your Childs Little League Dizzy Dean Baseball Game in your Local Park would be perfectly Legal, but going to UGA to watch your grown Son play Football would have to be done without your Glock.***

    as new 'off-limits' places, otherwise known as Unauthorized Locations.

    State Parks,State Wildlife Management Areas, Historic Areas, Public Transportation, and Recreational Areas would still be Legal, whereby Senate Bill 308 incorporates the protections of House Bill 89, some two years prior, for those who have the renamed Georgia Weapons Carry License.

    College Carry, less Board of Regent sponsered Athletic Events, would be Legal. Makes no sense to me, but:

    1. Glock 17 in Classroom College Math 101 at University of Georgia, Legal, but

    2. Same Glock 17 'between the Hedges', Illegal, and a Misdemeanor.

    One other note, 1000 foot School Safety Zone Rule would be repealed for Adult Schools of all kinds, but remains intact for Public/Private/Parachical Schools K-12. For Example:

    1. Same Glock 17 on your Hip on a nice Summer Day in your Local Park with a Local Community College, within a 1000 feet, close by: perfectly Legal, but

    2. You then walk two blocks to Fred's Local Ice Cream Store, which happens to be, consequently, just a few feet within that 1000 foot 'Buffer Zone' to a Local Elementary School, a Misdemeanor.

    Board of Regents would be granted a new power under the proposed Law. In addition to Georgia Code 20-3-31, The General Assembly would add 20-3-31(5) which allows the Board of Regents to make rules, but not Laws, for Weapons (any Weapon) on Board of Regents property.Under this Law, these rules can not apply to the protections of Gerogia Code 16-11-135, concerning Vehicle Carry. 16-11-135 trumps 20-3-31(5) in this, but not any other, aspect. It is very important ot notice that they [The Board of Regents] may only make rules, not Laws. Violation of these Rules would only result in removal from the Property, but would not carrythe Penalty of Law, unless you Violate Georgia's Criminal Tresspassing Statute 16-7-21,namely, 16-7-21(b)(1) through 16-7-21(b)(3). This is just like any other situation where a Private Business may ask a Customer to leave.

    Hartsfield-Jackson International Airport would be forced, under 16-11-127(d)(4), the new proposed Senate Bill 308 guidelines, to allow Firearms and Weapons on the Property where not controlled by applicable Federal Statute.This is in response to Federal Court Order to clarify what the General Assembly meant by the Public Transportation, but also to tameThe Airport into compliance with State Law.

    Consequently, both The Georgia Board of Regents and TheHartsfield-Jackson Airport Authoritywould be the newest subjects of State-wide Comprehensive Firearm Regulation, under Georgia Law 16-11-173.

    The Licensing requirements set forth in Senate Bill 308 are somewhat the same as Senate Bill 291, at least, in most regards. In 308, The Probate Court Judge would lookforsubsequent and repeatedCriminalActivities undercertain headings, as opposed to General Histories in broad, less Felonies. For example, Misdemeanor Marijuana would not bar you, but, a subsequent Misdemeanor Marijuana would for 5 years. Again, a Public Gatherings Conviction would not bar you, but a subsequentPublic Gatherings Conviciton would for 5 years. However, Felonies and Serious Drug Charges would Bar youindefinately. Thisis also a substansial change from current Law ascurrentLawgives Probate Judges the ability to bar you for solely one bad decision in your past. The new change proposes that this be repealed, and instead,The Probate Court Judge would have to find repeatedMisdemeanant Acts,that show a disregard for the Law. This means if you made one or two bad choices when you were younger, but have since moved on, The Probate Court could very well License you. However, if you get your fifth, sixth, seventh, etc. Misdemeanor Marijuana, and are just not getting the point, then, The Probate Court Judge could Bar you from Licensure.

    One more thing, in 308, 16-11-136 is re-written to make not having a Weapons Carry License an element of the new Crimes of 16-11-126 revised, 16-11-127 revised, among others that can be used against aMan in Court for not having a License.So do yourself a favor, should this proposal bepassed into Law, and get a Georgia Firearm..., I mean..., Georgia Weapons Carry License!

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    galvatron wrote:
    The amount if incorrect information on this site is overwhelming.
    I notice you made no effort to offer any corrections, only complaints. Or are you too overwhelmed <- they have medication for that.

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