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Thread: Do I have to show police my GFL?

  1. #1
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    I know that if Police decide to stop me while walking I do not need to show my ID. Does this pertain to the GFL as well?
    If I am doing nothing illegal, minding my own business, etc.

    Thanks

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    Campeck1911 wrote:
    I know that if Police decide to stop me while walking I do not need to show my ID. Does this pertain to the GFL as well?
    If I am doing nothing illegal, minding my own business, etc.

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

    Your license will be valid for 5 years and it MUST be in your possession at ALL TIMES when you are carrying a firearm. There is no requirement in the Georgia law to volunteer that you are armed when approached by a LEO, but if you are asked DON'T LIE! 99% of LEO's have a lot of appreciation for those who are honest and even more so for those that are forthcoming.
    So... if you have your license on you and are carrying a gun, and the officer knows you are carrying, you have the choice of showing the license or getting arrested on suspicion of not having one. I would take the easier way out and show the license. But if the officer didn't ask, I wouldn't insist he take time out to inspect my license.


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    Just what I wanted to know. Thank you!

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    groats wrote:
    Campeck1911 wrote:
    I know that if Police decide to stop me while walking I do not need to show my ID. Does this pertain to the GFL as well?
    If I am doing nothing illegal, minding my own business, etc.

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

    Your license will be valid for 5 years and it MUST be in your possession at ALL TIMES when you are carrying a firearm. There is no requirement in the Georgia law to volunteer that you are armed when approached by a LEO, but if you are asked DON'T LIE! 99% of LEO's have a lot of appreciation for those who are honest and even more so for those that are forthcoming.
    So... if you have your license on you and are carrying a gun, and the officer knows you are carrying, you have the choice of showing the license or getting arrested on suspicion of not having one. I would take the easier way out and show the license. But if the officer didn't ask, I wouldn't insist he take time out to inspect my license.
    if your carrying openly then the burden is on the state to prove you dont have a license....if you're carrying concealed then you have the burden and even though you have a valid license they can in fact arrest you on the spot every time you conceal....and yoiu have to provide the license at your trial

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    if your carrying openly then the burden is on the state to prove you dont have a license....if you're carrying concealed then you have the burden and even though you have a valid license they can in fact arrest you on the spot every time you conceal....and yoiu have to provide the license at your trial
    I don't think this is correct, but I am not a lawyer.
    First of all, the law is broken when you do not have the license IN YOUR POSSESSION. "I left it at home" does not work here. You'll be "guilty as charged". See the part about "MUST be in your POSSESSION at all times".

    But if you do have your license on you, and refuse to show it to the officer, what else can he do but take you downtown?
    Unless you like riding in the back of police cars in handcuffs (we all have our little kinks, I guess), why didn't you just show the license?

    Since the same license is required for either open or concealed carry (your choice), I cannot see that there is ANY difference or burden on the state to prove you do not have a license just because they can or cannot see the gun.
    Your license will be valid for 5 years and it MUST be in your possession at ALL TIMES when you are carrying a firearm.
    See anything there about "open" or "concealed"?
    I don't.

    And no, they CANNOT arrest you every time you conceal, as long as you show the licence and are not in a place that is off-limits - and provided, of course, you aren't breaking any other laws.

    Other states are different, what you say may be true in California. It certainly isn't in Georgia.

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    See anything there about "open" or "concealed"? I don't. And no, they CANNOT arrest you every time you conceal, as long as you show the licence and are not in a place that is off-limits - and provided, of course, you aren't breaking any other laws. Other states are different, what you say may be true in California. It certainly isn't in Georgia.


    http://www.georgiacarry.com/marta_ra...%20Motions.pdf



    The Plaintiffs say that a person with a Georgia firearms license may now board a bus or rail vehicle while carrying a concealed firearm, and that the officers had no reason to suspect that Raissi did not have a Georgia firearms license. O.C.G.A. § 16- 11-127(e); O.C.G.A. § 16-11-126(c). But possession of a firearms license is an affirmative defense to, not an element of, the crimes of boarding with a concealed weapon and carrying a concealed weapon.


    The Plaintiffs say that the Georgia Supreme Court has held that the “[S]tate [must] present . . . evidence that [the defendant] did not have a license to carry the pistol.” Todd v. State, 235 Ga. 679, 680 (1975); see also Head v. State, 235 Ga. 677, 679 (1975). But those cases involved the separate and distinct crime of carrying a pistol without a license(openly not concealed.....), for which the statutory language requires absence of a firearms license as an element of the crime. “A person commits the [crime] 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 .


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    Before July 1, 2008, a person who boarded or attempted to board a bus or rail vehicle while carrying a concealed firearm committed the crime of boarding with a concealed weapon and the crime of carrying a concealed weapon. O.C.G.A. § 16-12-123(b);
    O.C.G.A. § 16-11-126(a).
    But, after July 1, 2008, a person “licensed or permitted to carry a firearm” may carry such firearm “in public transportation notwithstanding O.C.G.A. § 16-11-127(e); see
    Code Sections 16-12-122 through 16-12-127.”
    O.C.G.A. § 16-11-126(c). Therefore, a person with a Georgia firearms license may now legally board a bus or rail vehicle while carrying a concealed firearm.
    (Direct quote from the first page of the lawsuit)
    Please note first of all what the suit is about. It is NOT about carrying a concealed weapon!
    It is about carrying a concealed weapon ABOARD PUBLIC TRANSPORTATION.
    Which indeed used to be illegal. But isn't any more, and wasn't at the time of the MARTA incident. MARTA either didn't know the law had changed, or didn't care.

    To reiterate: concealed carry with a license is legal (except in off-limits places)
    Open carry with a license is legal (except in off-limits places)
    Open carry without a license is probably legal, but difficult to do (how do you ensure that a gun in your car is completely visible from all angles?) And stupid - for obvious reasons.

    And BTW: how is it logically possible for the state to "prove that you don't have a license"?

    You can prove that you do by simply presenting it.
    The state can claim they have no record, you can claim they lost the record. Claims aren't proof.


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    groats wrote:
    Before July 1, 2008, a person who boarded or attempted to board a bus or rail vehicle while carrying a concealed firearm committed the crime of boarding with a concealed weapon and the crime of carrying a concealed weapon. O.C.G.A. § 16-12-123(b);
    O.C.G.A. § 16-11-126(a).
    But, after July 1, 2008, a person “licensed or permitted to carry a firearm” may carry such firearm “in public transportation notwithstanding O.C.G.A. § 16-11-127(e); see
    Code Sections 16-12-122 through 16-12-127.”
    O.C.G.A. § 16-11-126(c). Therefore, a person with a Georgia firearms license may now legally board a bus or rail vehicle while carrying a concealed firearm.
    (Direct quote from the first page of the lawsuit)
    Please note first of all what the suit is about. It is NOT about carrying a concealed weapon!
    It is about carrying a concealed weapon ABOARD PUBLIC TRANSPORTATION.
    Which indeed used to be illegal. But isn't any more, and wasn't at the time of the MARTA incident. MARTA either didn't know the law had changed, or didn't care.

    To reiterate: concealed carry with a license is legal (except in off-limits places)
    Open carry with a license is legal (except in off-limits places)
    Open carry without a license is probably legal, but difficult to do (how do you ensure that a gun in your car is completely visible from all angles?) And stupid - for obvious reasons.

    And BTW: how is it logically possible for the state to "prove that you don't have a license"?

    You can prove that you do by simply presenting it.
    The state can claim they have no record, you can claim they lost the record. Claims aren't proof.
    the court ruled that if he had been carrying openly then the police would have needed more to stop him it was because he was carrying concealed their stop was justified.....if you carry openly then the police have to know you dont have a license to stop you from my understanding...if you carry concealed they can stop detain and even arrest you and your license can be presented at court as an affirmative defense to the charges...

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    You don't have to show them a thing and they know it. They're not even supposed to ask you anything unless there is reasonable suspicion or probable cause that you're committing a crime. I open carry on the weekend and conceal carry when I feel like it with two different types of holsters. I'm approaching middle age and don't really have the time or patience to worry about the fearful responses of people who are afraid of guns. My rights trump their need to "feel" comfortable and safe.

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    No, not unless you're under suspicion or in the act of committing .... If they walk up to you and say let me see your ID you do not have to give it to him or her

    Sent from my ADR6350 using Tapatalk 2
    Last edited by cmr287; 12-30-2013 at 05:52 AM.

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    Can you really be arrested if you have a permit and you left it at home? My one and only stop (in traffic) the LEO didn't even want to see it. (he wanted to fondle my piece).

    Of course I'm not from Georgia, but here it's just a small fine ($25 for first offense).

  12. #12
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    O.C.G.A. 16-11-126
    Having or carrying handguns, long guns, or other weapons; license requirement; exceptions for homes, motor vehicles, and other locations and conditions; penalties for violations
    ...
    (h) (1) No person shall carry a weapon without a valid weapons carry license unless he or she meets one of the exceptions to having such license as provided in subsections (a) through (g) of this Code section.

    (2) A person commits the offense of carrying a weapon without a license when he or she violates the provisions of paragraph (1) of this subsection.

    It may be noted that in order to be convicted under this statute (in a fair court, of course) the officer would have to be able to articulate a reasonable suspicion that the person he observed carrying a firearm was doing so without the benefit of possessing a license. "How do I know you're licensed and not carrying illegally?" is not the same as "I can reasonably suspect that you do not possess a license."

    Most officers are familiar with state statutes that require one to display a license upon request when driving a car (in Georgia that is OCGA 40-5-29. An uninformed uniformed officer might easily assume that what is required for one license might be required for all, but that would be an incorrect assumption.

    Should one leave home without a GWL (but still possess one) then what is the penalty?
    The fine for not having one's GDL (Georgia Driver's License) is in the same code section listed above, but there is no corresponding code for a weapons license and no penalty specified if it can be produced in court.

    My personal course of action will likely to be to refuse to show what I'm not required to produce. If Officer Friendly insists on making an arrest then I'll produce proof of my identity.
    ...
    Two guesses what document I'll be producing.

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    Openly Carrying a Weapon, as Defined under Georgia Code 16-11-125.1(5), is Legal with a License.

    The State of Georgia has to Prove a Reasonable Articulabe Cause to Approach an Individual to Determine Licensure.

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    Quote Originally Posted by aadvark View Post
    Openly Carrying a Weapon, as Defined under Georgia Code 16-11-125.1(5), is Legal with a License.

    The State of Georgia has to Prove a Reasonable Articulabe Cause to Approach an Individual to Determine Licensure.
    Carrying a Gun Is Now Reasonable Suspicion of a Crime
    http://www.examiner.com/article/carr...ion-of-a-crime

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