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Thread: Info and laws for open carry in georgia

  1. #1
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    Info and laws for open carry in georgia

    Reading on the forum for a while. Lots of good info but sometimes hard to string together.
    I have been concealed carry for prob close to 20 years in several states and am considering OC here in GA.
    I would love to have the exact GA statutes to study / memorize or hand in a pamphlet form to any LEO I encounter rather than the deer in the headlights look. I am not intimidated by LEO and have worked in the field a little in the past but doing something new to me like OC after concealing for 20 years always makes you a little not nervous but apprehensive maybe for the possability of getting stopped and not know thew right info to respond with.

    I carry a Glock 21SF in an IWB holster. Any suggestions on a good med retention OC holster?

    There is a new gun store on Fairburn in Douglasville Im going to go visit in the next few days and look at some OC holsters.

    Any suggestions on the exact statutes that I can memorize would be great.

    Love the forum and seems to be a great bunch of people sharing their experiences both pro and con. I welcome all.

    Thanks

    G
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  2. #2
    Regular Member Kingfish's Avatar
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    Quote Originally Posted by NavyLT View Post
    As far as the law goes, you should be familiar with the same laws as concealed carrying. No differentiation is made in the GA law regarding open carry or concealed carry.

    http://www.lexis-nexis.com/hottopics/gacode/

    Title 16
    Chapter 11
    Article 4
    Part 3
    16-11-126 through 128, 130, and 135... would be where I would start.

    DO NOT RELY ON LEXISNEXIS!! It has not been updated.

    The gun laws in GA have been SIGNIFICANTLY changed with the passage of SB308.

    There is no code section to memorize regarding OC. The GA code does not dictate how a "weapon" is to be carried. There is nothing that makes OC "legal". It is treated the same as CC (well, should be.)

    Head over to http://www.legis.ga.gov/legis/2009_10/sum/sb308.htm to get the actual law as signed by the governor.

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    Georgia Code 16-11-126(b), under Leg. Acts 2010, requires LongGuns to be Caried Openly, though.

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    Regular Member Kingfish's Avatar
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    Quote Originally Posted by Kingfish View Post
    DO NOT RELY ON LEXISNEXIS!! It has not been updated.
    It seems it has now been updated.

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    Regular Member Kingfish's Avatar
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    Quote Originally Posted by aadvark View Post
    Georgia Code 16-11-126(b), under Leg. Acts 2010, requires LongGuns to be Caried Openly, though.
    Correct but only if loaded...
    (b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun without a valid weapons carry license, provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner.

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    Recently, I was Arrested for Open Carry of a Rifle, because; The Local Police Department said that 16-11-126(b) notwithstanding..., Open Carry Constitutes Reckless Conduct, per 16-5-60.
    I know..., I will not discuss the Case, but I am seeking a Lawyer.
    Probably though, I will get stuck with a Public Defender.

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    Regular Member Kingfish's Avatar
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    Quote Originally Posted by aadvark View Post
    Recently, I was Arrested for Open Carry of a Rifle, because; The Local Police Department said that 16-11-126(b) notwithstanding..., Open Carry Constitutes Reckless Conduct, per 16-5-60.
    I know..., I will not discuss the Case, but I am seeking a Lawyer.
    Probably though, I will get stuck with a Public Defender.
    That should be a slam dunk (even for a PD) and a nice false arrest case to boot.

    That really does suck dude.

    Can you say what office/department it was?

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    It was The City of Canton Police Department in Canton, Georgia.

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    have you hired a lawyer? and was this before or after SB308(not that it really matters) but before 308 the GFL was a firearms license fwiw

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    The Arrest happened on August. 1, 2010. Therefore SB 308 applies. I will rely on 16-11-126(b) of Georgia Code to justify my Conduct. The Canton Police Department alleges that Open Carry, regardless, constitutes Disorderly or Reckless Conduct if so much as one Person complains to E-911. They are aware of SB 308, but they think that they are above Georgia Law 16-11-173. In essense, they think that Georgia Law does not apply in their City. However..., we all know better.
    In addition, not that it matters, but..., I have a Valid Georgia Weapons Carry License, and I was Licensed as such at the time of my Arrest.
    Last edited by aadvark; 08-14-2010 at 03:23 AM.

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    Regular Member Fallschirmjäger's Avatar
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    DISORDERLY CONDUCT

    State of Georgia Official Opinion
    O.C.G.A. § 16-11-39 prohibits disorderly conduct, defined as acting violently so as to place another in reasonable fear for his safety or so as to endanger another's property, to use "fighting words" without provocation, or to use obscene language in the presence of a child. While this offense is a misdemeanor, violations of these provisions are quite serious and involve violence or the potential of violence. Therefore, I am designating the violation of O.C.G.A. § 16-11-39 as an offense for which those charged with a violation are to be fingerprinted.

    Justia.com
    16-11-39.
    (a) A person commits the offense of disorderly conduct when such person commits any of the following:
    (1) Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person´s life, limb, or health;

    (2) Acts in a violent or tumultuous manner toward another person whereby the property of such person is placed in danger of being damaged or destroyed;

    (3) Without provocation, uses to or of another person in such other person´s presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person´s presence, naturally tend to provoke violent resentment, that is, words commonly called 'fighting words'; or

    (4) Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace.
    (b) Any person who commits the offense of disorderly conduct shall be guilty of a misdemeanor.
    (c) This Code section shall not be deemed or construed to affect or limit the powers of counties or municipal corporations to adopt ordinances or resolutions prohibiting disorderly conduct within their respective limits.

    Municode.com for Canton Georgia
    Sec. 34-1. - Disorderly conduct.

    It shall be unlawful and disorderly conduct for any person to:

    (1) Act in a violent or tumultuous manner toward another, whereby a reasonable person would be placed in fear of safety for life or limb;

    (2) Place the property of another in serious danger of being destroyed or damaged;

    (3) Use fighting words directed toward another, who becomes outraged and thus creates a turmoil;

    (4) Violently interfere with another's pursuit of a lawful occupation; or

    (5) Congregate with others to halt the flow of vehicular or pedestrian traffic and refuse to clear the way when ordered by lawful authority to do so.

    __________________________________________________ __________________________________________________ ______

    RECKLESS CONDUCT
    Justia.com- Reckless Conduct

    16-5-60.
    (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.

    (b) A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor.

    (c) A person who is an HIV infected person who, after obtaining knowledge of being infected with HIV:
    (1) Knowingly engages in sexual intercourse or performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another person and the HIV infected person does not disclose to the other person the fact of that infected persońs being an HIV infected person prior to that intercourse or sexual act;
    (2) Knowingly allows another person to use a hypodermic needle, syringe, or both for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the other persońs body and the needle or syringe so used had been previously used by the HIV infected person for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the HIV infected persońs body and where that infected person does not disclose to the other person the fact of that infected persońs being an HIV infected person prior to such use;
    (3) Offers or consents to perform with another person an act of sexual intercourse for money without disclosing to that other person the fact of that infected persońs being an HIV infected person prior to offering or consenting to perform that act of sexual intercourse;
    (4) Solicits another person to perform or submit to an act of sodomy for money without disclosing to that other person the fact of that infected persońs being an HIV infected person prior to soliciting that act of sodomy; or
    (5) Donates blood, blood products, other body fluids, or any body organ or body part without previously disclosing the fact of that infected persońs being an HIV infected person to the person drawing the blood or blood products or the person or entity collecting or storing the other body fluids, body organ, or body part,
    is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than ten years.

    (d) A person who is an HIV infected person or hepatitis infected person and who, after obtaining knowledge of being infected with HIV or hepatitis, commits an assault with the intent to transmit HIV or hepatitis, using his or her body fluids (blood, semen, or vaginal secretions), saliva, urine, or feces upon:
    (1) A peace officer while the peace officer is engaged in the performance of his or her official duties or on account of the peace officeŕs performance of his or her official duties; or
    (2) A correctional officer while the correctional officer is engaged in the performance of his or her official duties or on account of the correctional officeŕs performance of his or her official duties is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years.



    Just a layman's opinion, but nothing seems to fit the circumstances. I guess it must be a 'training issue' on Canton's part.
    Last edited by Fallschirmjäger; 08-15-2010 at 01:43 AM.

  12. #12
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    The Canton Police know this, but they Arrested me notwithstanding the above correct analysis.
    It is more than a training issue..., [they] think they are above State Law.
    Every Reckless Conduct Case Law in the actual Code Book refers to the wanton Discharge of Firearms, not just Carrying them in compliace with Georgia Law SB 308 16-11-126(b).

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    Regular Member Fallschirmjäger's Avatar
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    My guess is the prosecutor will take one look at the statute and then drop the case. He might 'plea bargain' hoping that you aren't aware of the law and will plead to a lesser charge out of ignorance.

    I would turn down any such 'plea bargain', this is a case that appears much too easy for you to prevail against.

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    Please do not worry, because; I know Georgia Law very well.

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    Don't forget to join GeorgiaCarry Dot Org. At the very least, you will be kept informed on current legislation going through the Georgia Assembly. They do a stand up job fighting for Georgia's gun owners.

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    Believe me..., I know ALL about Georgia Carry.
    I am well aware who John Monroe is and what He is up to, adding, in particular, the pending Lawsuit concerning Georgia Code 16-11-127(6).
    Hopefully..., with a little luck..., He should prevail!

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    Well this has my attn as I live and OC regularly in Canton. I was loading up supplies in the HD parking lot when a Canton PD officer parked his car on my strong side and just sat and watched as I loaded up my supplies. I wonder why he never stopped me or if I had still been shopping would he have stopped me.

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    Keep doin' it..., and I promise you WILL get a little more attention.

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