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Open carry permit in Georgia.

NugsDad

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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
 

Article1section23

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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.
 

aadvark

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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.
 

NugsDad

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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
 

Archangel

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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.
 

aadvark

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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!
 

woodyga

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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..
 

Mike

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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.
 

aadvark

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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.'
 

rmodel65

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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.....
 

woodyga

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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. § 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.
 

groats

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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.
 

JohnnyBlk45

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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.
 

G23.40

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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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