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Open carry permit in Georgia.

Malum Prohibitum

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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.
 

aadvark

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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!
 

galvatron

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I have no need for medication or incorrect information. Iand several others have previousy tried to correctthe continuous stream of misinformation.While GA weapons laws may be vague in some areas, e.g. "PG" laws.Anobviousignorance of the law coupled with unrelenting recitation of non related GA code to defendinacurate statements, led me to reply as I did.

For actual GA weapons related code and an simplified version there is one site. Its been linked to hundreds of times so I'll pass on adding another link to it.

Now if you have any accurate information you'd like to share concerning GA weapons law please do so.
 

galvatron

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Exactly how many postsdo you think it requires to educate someone, is there a specific amount? Would 2400 suffice? Is the level of knowledge of a state's weapons law judged by the number of posts.If so I confess my ignorance. If you made a statement and then it was proven wrongwith supporting documentation, would you then continue to spread this misinformation?

I will notwaste my time trying to educate the all knowing. I will also waste no more time with this thread.
 

wazzie

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hurt/killed.

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

You can open carry without a holster per GA Statutes with a GFL as long as the handle/foregrip/or grip is completely exposed. For example, a pistol my be considered open carried if the grip is completely exposed out of pocket, without hinderance from clothes or other objects on your person.

Carrying it in your hand is more than enough PC for a LEO to make an arrest for unlawful display at the least. It is more than reasonable to suspect that one would likely be charged for pointing it as well, as this is also in violation of GA Statutes whether loaded or unloaded.

Keep it in your pants, or at the least on a holster.
 

Kingfish

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You can open carry without a holster per GA Statutes with a GFL as long as the handle/foregrip/or grip is completely exposed. For example, a pistol my be considered open carried if the grip is completely exposed out of pocket, without hinderance from clothes or other objects on your person.

Carrying it in your hand is more than enough PC for a LEO to make an arrest for unlawful display at the least. It is more than reasonable to suspect that one would likely be charged for pointing it as well, as this is also in violation of GA Statutes whether loaded or unloaded.

Keep it in your pants, or at the least on a holster.

With the passing of SB308 there is no longer a holster requirement at all. OC or CC does not matter. There is no mention of holster at all in the Georgia code.
 

rmodel65

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You can open carry without a holster per GA Statutes with a GFL as long as the handle/foregrip/or grip is completely exposed. For example, a pistol my be considered open carried if the grip is completely exposed out of pocket, without hinderance from clothes or other objects on your person.

Carrying it in your hand is more than enough PC for a LEO to make an arrest for unlawful display at the least. It is more than reasonable to suspect that one would likely be charged for pointing it as well, as this is also in violation of GA Statutes whether loaded or unloaded.

Keep it in your pants, or at the least on a holster.



you can carry in the hand and the state may not violate yor right to do so.... http://georgiapacking.org/caselaw/nunnvstate.htm

"The state of Georgia may not violate the right to openly carry a "breast pistol" in the hand, which is protected by the Second Amendment. In dicta, the court stated that Georgia could regulate or prohibit concealed carry without infringing on the Second Amendment. No state constitutional right to bear arms in 1846.
The court clarified the scope of the right protected as follows:
"The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all of this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State."
 

kwikrnu

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you can carry in the hand and the state may not violate yor right to do so.... http://georgiapacking.org/caselaw/nunnvstate.htm

"The state of Georgia may not violate the right to openly carry a "breast pistol" in the hand, which is protected by the Second Amendment. In dicta, the court stated that Georgia could regulate or prohibit concealed carry without infringing on the Second Amendment. No state constitutional right to bear arms in 1846.
The court clarified the scope of the right protected as follows:
"The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all of this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State."

I need to make my way down to GA and try that out.

If I carried the pistol in my avatar in GA am I correct that it would be considered open carry? The grip is showing.
 
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rmodel65

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I need to make my way down to GA and try that out.

If I carried the pistol in my avatar in GA am I correct that it would be considered open carry? The grip is showing.



do you have a permit iirc your tn was revoked correct if you have a permit from any other state GA honors then you can carry here
 

kwikrnu

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I had a bunch of prints taken the other day and have a few applications filled out for a couple different states.
I'm going to wait a coupl of weeks to see what the answer of the AG is to my lawsuit. They may give my permit back. If not I'll send in the applications.
 
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