You have to have a license to open carry in Georgia??? really?? hmmmm
Almost all the time
More than concealed carry
Carry concealed more than open
Almost always carry concealed
Thread: OC'ed for the first time today
I open carried for the first time today. It was pretty neat. I gotta say it feels so much better than having my gun jabbing me in the back and slightly moving up and down as I walk. Plus, since it is 160 degrees outside, it is cooler than a sweaty uncle mikes in the back. Generally speaking, I'm sold. This is going to be my preferred method of carry. Obviously I will use common sense as to where and when. I think that just because we CAN do something, doesn't mean we SHOULD. I refrained from doing it yesterday at the 4th of July celebrations I attended; I carried concealed. Anyways, I went to Target, Goodwill, and then Publix. I was kind of walking on air, like one guy posted on another thread, but that only lasted for a couple minutes. After about 5 minutes in Target when I came to the see that people were not running around screaming and pointing at me and shielding their children while a SWAT team repelled out of the ceiling with flashbangs to subdue me, it was cool. Most people didn't even notice. In fact the only contact I had at all about my gun is when my wife and I were waiting at the deli counter while our meat was being sliced, another customer asked me if I was a cop. I responded no, and that you just have to have a license. She said "oh, like concealed carry?" And I responded yes, you can do either. That was it. My kid waved by to hers and we left. Oh well, this has dragged on, just wanted to share. I know it's probably pretty trivial to those that have been doing it a while. For those that are on the fence, I'd say go for it.
Last edited by mattmed; 07-05-2010 at 08:25 PM.
You have to have a license to open carry in Georgia??? really?? hmmmm
Michael Binegar, Morgantown WV.
Your poll needs another choice:
"I open carry everywhere I can legally, all the time."
Depends a little on the county but around $75/5 year. Time lines very GREATLY going from 45 minutes in some of the rural counties to 2-4 months for counties in and around Atlanta (Fulton and Dekalb...Oh and the county Savannah is in.)
It does feel very good when I OC, I just wish more people would do it... Maybe soon.
Just a thought..., but: Does someone need a GWCL to Openly or Conceal Carry a .17 Pistol?
I say that they do not, because; Georgia says a Handgun, as defined under 16-11-125.1(1), does not include a Handgun capable of Firing a shot of less than .46 Centimeters in Diameter.
..., [a]nd another thought..., Knifes with Blades of less than 5 inches need no GWCL either, correct?
Last edited by aadvark; 08-19-2010 at 01:56 PM.
I disagree on your comment about Preemption.
Georgia Law 16-11-173 Preempts ALL Firearms to The State of Georgia, not just some Firearms!
[State-wide Firearms Preemption Statute] 16-11-173:
(a)(1) It is declared by the General Assembly that the regulation of Firearms [ALL Firearms] is properly an issue of general, state-wide concern.
(2) The General Assembly further declares that the lawful design, marketing, manufacture, and sale of firearms [ALL Firearms] and ammunition to the public is not unreasonably dangerous activity and does not constitute a nuisance per se.
(b)(1) No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows; the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms [ALL Firearms] or components of firearms [ALL Firearms]; firearms [ALL Firearms] dealers; or dealers in firearms [ALL Firearms] components.
...however..., er..., there is nothing in there about Knives though. I guess your Statement is partially correct.
Last edited by aadvark; 08-18-2010 at 12:01 PM.
I do know that it would be quite unwise to carry ANY caliber "gun" without a GWL....Legal or not. The laws are still just too vague.
ALL Weapons Classified as Handguns, per 16-11-125.1(1), regardless of there Caliber and ALL LongGuns, per the same Statute, ARE Firearms! However, not ALL Firearms are either Handguns, per the same, or LongGuns.
The reason for the discrepancy is the Caliber issue about Bullets whose Diameter is less than .46 Centimeters when shot. Therefore, although a .17 Caliber Pistol or Rifle is a Firearm, they are not Weapons or LongGuns, per 16-11-125.1.
In essence KingFish..., you could Carry a .17 Pistol or Rifle in any Public Place in Georgia, Openly or Concealed, Loaded or Unloaded, with a GWCL or without a GWCL, anywhere, except: 1. The State Capital, per 16-11-34.1, Schools, per 16-11-127.1, and Jails and Prisons, per The Guard Line Statute 42-5-15.
The provisions of 16-11-127, concerning Weapons and LongGuns in Unauthorized Locations does not apply to .17 Caliber Rifles and Pistols becuase they are not Weapons or LongGuns under 16-11-125.1. Therefore, one may Carry a .17 Caliber Rifle or Pistol in say..., a..., Public Building and not be in Violation of Georiga Law 16-11-127. The reason is because once The State goes to Trial..., and the Judge says what kind of Gun was it..., and your Defense Attorney says it is a Gun that shoots a shot of less than .46 centimeters in Diameter..., The Judge should Dismiss The Case right then and there.
Remember..., ALL Handgun Weapons, per 16-11-125.1(1) AND ALL LongGuns, per the same Statute are Firearms, regardless of The Caliber of Bullet they shoot, for the purposes of Preemption regarding ALL Firearms, under 16-11-173. However..., not ALL Firearms are Weapons or LongGuns!
Thank you again Georiga General Assembly!
***The reason the above three mentioned places: 1. State Capital, 2. Schools, and 3. Jail/Prison Guard Lines that the Jail/Prison Buildings themselves are surrounded by; are off-limits is because Georgia uses the old definition of what Constitutes a 'Weapon' in those places..., which is much more broad than 16-11-125.1, and therefore could include anything as little as a Razor or a set of Finger/Toe NailClippers.***
Are we on the same page KingFish? I hope that I have not confused you!?
***Oops..., almost forgot..., silly me..., YES..., there is a Definition for 'Firearm(s)' under Georgia Code and it is located under Georgia State Statute 16-11-171(3). It mimics Federal Law, and even names Federal Law in itself.***
Last edited by aadvark; 08-19-2010 at 02:06 PM.
Last edited by Kingfish; 08-19-2010 at 02:24 PM.
No..., no, no, no...
I was not name calling in any way, shape, form, or fashion.
In fact I will remove them immediately and they will not happen again.
The reason that I put them there is because I was being saracastic about The Georgia General Assembly even including the .46 Centimeter moniker in Georgia Law concerning Weapons and LongGuns under 16-11-125.1.
I apologize, but in no way was that directed to you in any way!
The Georgia General Assembly, by including the .46 moniker concerning what does and does not qualify as a Weapon or LongGun under 16-11-125.1 has Personnaly frustrated me, especially; when one considers in light of my Arrest for Carrying a .17 Caliber Rifle.
Believe me KingFish..., it has caused me problems as well, trying to figure out which Statutes do and do not pertain to my .17 Caliber Rifle, in much the same light as when you voiced concern over what Constitutes a Firearm, versus a Weapon or LongGun.
I would ask that you consider re-reading my previous Post, and overlook my inapprobiate expletive, that has since been deleted in its entirety.
Again..., The Statute you seek is under 16-11-171(3).
Last edited by aadvark; 08-19-2010 at 02:02 PM.
You are correct. Looks like GA does indeed have a definition of what a firearm is and with that definition, there should be no preemption of a .17cal gun.
That being said, the carry climate in GA is still so very young and there is just so much ignorance out there. Hell, there is no permit needed to carry ANY long gun as long as if loaded it is carried openly but I sure am not going to do in downtown Atlanta.
Thankyou for accepting my apology.
Georgia Code 16-11-173, The Preemption Statue, does cover .17 Caliber Rifles and .17 Caliber Pistols.
Therefore..., Open Carry of a Loaded .17 Caliber Rifle or .17 Caliber Pistol is Legal throughout Georgia.
Local Governments can not restrict this practice, because; 16-11-173(a)(1) through 16-11-173(b)(1) Preempts ALL Firearm-related matters solely to The Georgia General Assembly!
Now..., .17 Caliber Rifles and .17 Caliber Pistols are not LongGuns, or Handguns, per Georgia Code 16-11-125.1, respectively. This is Interesting, indeed! The reason is because..., 16-11-127 does not apply to these two aforementioned Firearms!
Remember, as in my last two subsequent Posts in this Thread..., ALL Weapons and LongGuns ARE Firearms..., but, not all Firearms are Weapons and LongGuns.
A .17 Caliber Rifle, like the one that I had, is a Firearm, per 16-11-171(3), therefore; it recieves the State-wide Uniform Protection of Georgia Firearms Preemption Law 16-11-173, named above. However, since because it Discharges a shot of less than .46 Centimeters in Diameter, it is not a LongGun, under Statute, and therefore, it can be Carried Openly or Concealed, Loaded or Unloaded, with a GWCL or without a GWCL, inside or outside a Motor Vehicle, by anyone-anywhere in Georgia (except while at: 1. The State Capitol, 2. Schools, and 3. Jails/Prisons)..., so as long as they are not a Convicted Felon or on Felony First Offender Probation.
A similiar situtation exsists currently with Hand-held Weapons. Knives with a Blade greator than 5'' in length are Weapons, per 16-11-125.1(2), therefore; they require a GWCL, and they are subject to the provisions of 16-11-127. However, ALL other Knives with Blades shorter than this designation are NOT Weapons, NOR are: 1. Batons, 2. BlackJacks, 3. Stilettos, 4. Knucks/Metal Knuckles, 5. Martal Arts Weapons, 6.Pepper Spray, 7. Sticks, 8. Clubs, 9. Slingshots, 10. ...etc., therefore they may also be Carried Openly or Concealed, with or without a GWCL, in or out of a Motor Vehicle by ANYONE (including Felons), Anywhere in Georgia except: 1. The State Capitol, 2. Schools, and 3. Jails/Prisons.
The Georgia General Assembly specifacally designed Georgia Law to be this way!
In short..., as Georgia is a Common Law Jurisdiction, that which is not Prohibited..., is, in essence, not Illegal. To put it another way..., there is no more a Law that says that I can not walk around with a .17 Caliber Rifle (so as long as I am not a Felon, which I am not) then there is a Law that says you have to wear a Green T-Shirt on Thursdays.
Make no mistake though..., if I were to have been Carrying a .22 Rifle, then, it would have to be both Loaded and in an Open Manner and Fully Exposed to View, ...which is how I Carry ALL of my Firearms and Weapons anyways.
To put it another way...:
A Person who is not a Convicted Felon could Carry a .17 Rifle or .17 Pistol, but NOT any other Firearm, into any place mentioned under 16-11-127, EXCEPT Jails/Prisons.
In addition, the same Person could Carry any Weapon that I mentioned 1-10, into any of the places named under 16-11-127, EXCEPT Jails/Prisons, as well.
O.C.G.A. § 16-11-125.1
As used in this part, the term:
... (2) "Knife" means a cutting instrument designed for the purpose of offense and defense consisting of a blade that is greater than five inches in length which is fastened to a handle.
ALL Firearms and Weapons, regardless, are Prohibited in The State Capitol, per Georgia Code 16-11-34.1.
ALL Firearms and Weapons, regardless, are Prohibited in Schools, per 16-11-127.1(2).
It does not matter if the Firearm or Weapon is Classified under 16-11-125.1 or not, and it does not matter if you have a Georgia Weapons Carry License, or not.
Exceptions per the two Codes mentioned above are located under Georgia Code 16-11-130.
The two places mentioned above are in addition to Prisons/Jails, under The Guard Line Statute, per Georgia Code 42-5-14.