• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

OC'ed for the first time today

How often do you open carry when legally able to do so?

  • Almost all the time

    Votes: 10 58.8%
  • More than concealed carry

    Votes: 2 11.8%
  • Carry concealed more than open

    Votes: 4 23.5%
  • Almost always carry concealed

    Votes: 1 5.9%

  • Total voters
    17

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
KingFish:
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.
 

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
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.
 

AlabamaFamilyMan

Regular Member
Joined
Jul 21, 2008
Messages
24
Location
Scottsboro, AL
KingFish:

.....

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.

.............

I was just wondering... I have just always thought ...

How is the 5" measured, by the sharpened edge, or to the cross-guard? That 1/4 inch or so can make a difference.

AFM
 

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
O.C.G.A. § 16-11-125.1
Definitions
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.
 

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
***UPDATE***
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.
 
Top