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Thread: Odd Question, new to open carry

  1. #1
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    Odd Question, new to open carry

    My wife has a Walther pk380 which is also the only gun ion the house. It is not registered and she bought it from academy sports some time ago.
    The question is can I OC with it. The clients that come to my job are shady at best and just to have as self defense.

    The problem is about 7 years ago I pled first offenders to a felony charge in Georgia. But now when you search my court case it says this on it with judgement withheld as the verdict.

    Discharge filed completely exonerates defendant of any criminal purpose & shall not affect his civil rights or liberties; the defendant shall not be considered to have a criminal conviction. OCGA 42-8-62

    I do know that under first offenders in Georgia it wipes out the conviction as it never happened. I have passed all employment background checks since. But I cant find any info on this. Was hoping someone here may have some input. Thanks in advance for the help.

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    Moderator / Administrator Grapeshot's Avatar
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    For a direct applicable answer, I would recommend speaking with an attorney.

    Simply applying for your CHP might be the easiest and cheapest way to get an answer though.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  3. #3
    Regular Member estcrh's Avatar
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    Quote Originally Posted by wimac View Post
    My wife has a Walther pk380 which is also the only gun ion the house. It is not registered and she bought it from academy sports some time ago.
    The question is can I OC with it. The clients that come to my job are shady at best and just to have as self defense.

    The problem is about 7 years ago I pled first offenders to a felony charge in Georgia. But now when you search my court case it says this on it with judgement withheld as the verdict.

    Discharge filed completely exonerates defendant of any criminal purpose & shall not affect his civil rights or liberties; the defendant shall not be considered to have a criminal conviction. OCGA 42-8-62

    I do know that under first offenders in Georgia it wipes out the conviction as it never happened. I have passed all employment background checks since. But I cant find any info on this. Was hoping someone here may have some input. Thanks in advance for the help.
    Even if Georgia considers your conviction to be wiped clean the FBI has the final say. I do not know about the procedure in Ga but in Az you have the state (police?) check with the FBI to see what comes back, if the FBI shows a conviction then Az will send a corrected record to the FBI so that both parties show the same information. There must be some entity (state police etc) in Georgia who has the job of correcting these records. Many people find out years later that what your state says about you and what the FBI says is 2 different things, mostly due to the state not automatically informing the FBI when a conviction is forgiven.

  4. #4
    Regular Member -David's Avatar
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    Back to the actual question, yes you can open carry. Can you open carry where you work is another question.
    Last edited by -David; 02-24-2011 at 05:17 PM.

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    I can open carry where I work, actually the owners do as well. I just wasnt sure since technically my wife bought it if I could have it on me.

    I am having a local JP run my name as a favor for me.

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    Regular Member turbodog's Avatar
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    Quote Originally Posted by wimac View Post
    I can open carry where I work, actually the owners do as well. I just wasnt sure since technically my wife bought it if I could have it on me.
    You can OC it, doesn't matter that it's in your wife's name. If a cop runs the numbers they're looking to see if it's reported stolen. You say she bought it all legal-like so you should be good.
    Last edited by turbodog; 02-24-2011 at 07:43 PM.
    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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    Quote Originally Posted by wimac View Post
    I can open carry where I work, actually the owners do as well. I just wasnt sure since technically my wife bought it if I could have it on me.
    If you're not a prohibited person, it doesn't matter who bought it or who "owns" it.

    If you are prohibited, then you're probably already in violation, unless your wife has the pistol under her physical control at all times, or keeps it in a safe that only she knows the combination to.

  8. #8
    Regular Member estcrh's Avatar
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    The problem is about 7 years ago I pled first offenders to a felony charge in Georgia. But now when you search my court case it says this on it with judgement withheld as the verdict.

    Discharge filed completely exonerates defendant of any criminal purpose & shall not affect his civil rights or liberties; the defendant shall not be considered to have a criminal conviction. OCGA 42-8-62

    I do know that under first offenders in Georgia it wipes out the conviction as it never happened.
    Is the "wiped out" record acknowledged by both the state and the Feds.......this is the real question, not if he can open carry. While your Ga. record may be "wiped out" that does not have anything to do with your federal record. As far as I know the Feds never actually "wipe out" any record, they just make a note of the conviction being set aside so that you will not be turned down for a gun purchase etc. To be absolutely sure that ALL law enforcement entities are aware that your conviction has been set aside the state of Ga. must sent a notice to the Feds. I personally know of cases such as yours were the local police checked someones record and it showed as being clean...but meanwhile the Feds still had the person as being unable to own a weapon, thats because the local police just ran the state record and did not check Federally. Make sure who ever checks your record does a Federal check so you do not get an unwelcome surprise someday.

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    You might want to do this whether you OC or not. Go to www.fbi.gov and click 'Stats and Services' tab. Click 'background check'. An individual can request his/her 'FBI Identification Record'. Lots of info and everything you need is at their site.

    Hope it helps and good luck.
    Last edited by Jerry McBride; 02-25-2011 at 05:08 AM.

  10. #10
    Regular Member estcrh's Avatar
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    Quote Originally Posted by Jerry McBride View Post
    An individual can request his/her 'FBI Identification Record'. Lots of info and everything you need is at their site.
    Now thats a scary thought. I almost wouldnt want to know!!!

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    Regular Member Operator_223's Avatar
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    Here's my two cents....

    Here's my two cents on the matter.

    It's my life. It's very important to me. I will do whatever I need to do to make sure I have a reasonable chance of continuing to breathe for as long as I see fit.

    Your life is between you and the man upstairs Bro. Everyone else can butt out.

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    Thanks guys for all the input. I have a local Jefferson Parish cop running me today in a little while. As far as the fed my boss' wife is a fed (ICE) I'll have her do the same. I'm more curious of the federal check than local, especially now that I'm in Louisiana and not GA anymore.

    You know, one little mistake 7 years ago is beginning to be a pain in the butt. Guess the government still dosent think people can change or that its normal for teens to do something stupid once in their life. I will keep you posted on what the check shows.

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    Ok so I am clear local for arms and clear in NCIC!!!

    I feel better now!

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by wimac View Post
    Thanks guys for all the input. I have a local Jefferson Parish cop running me today in a little while. As far as the fed my boss' wife is a fed (ICE) I'll have her do the same. I'm more curious of the federal check than local, especially now that I'm in Louisiana and not GA anymore.

    You know, one little mistake 7 years ago is beginning to be a pain in the butt. Guess the government still dosent think people can change or that its normal for teens to do something stupid once in their life. I will keep you posted on what the check shows.
    It's not about being fair or playing nice. It's about disarming people, especially the good ones.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member sraacke's Avatar
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    Quote Originally Posted by wimac View Post
    My wife has a Walther pk380 which is also the only gun ion the house. It is not registered and she bought it from academy sports some time ago.
    There is no gun registration in the State of Louisiana. Get a decent retention holster and carry on.
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

  16. #16
    Regular Member Operator_223's Avatar
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    Quote Originally Posted by Grapeshot View Post
    It's not about being fair or playing nice. It's about disarming people, especially the good ones.
    You certainly have that right !!!

    POLITICIANS PREFER UNARMED PEASANTS !!!

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    Regular Member estcrh's Avatar
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    Quote Originally Posted by Operator_223 View Post
    You certainly have that right !!!

    POLITICIANS PREFER UNARMED PEASANTS !!!
    These are your personal political views and have NOTHING to do with the post. Laws that keep certain criminals from owning firearms are there for a reason, if the state were the crime was committed decides to return the convicted criminals right to own a gun then the Federal Government accepts the states decision as in this case. Do you have a problem with certain criminals not being able to own a gun? Here is the perfect example...the original poster committed a FELONY and lost his RIGHT to own a gun....now his RIGHT has been restored. Case closed.

  18. #18
    Regular Member estcrh's Avatar
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    Quote Originally Posted by Grapeshot View Post
    It's not about being fair or playing nice. It's about disarming people, especially the good ones.
    This is your personal political views and has nothing to do with this post. No one was "disarmed", the original poster admitted that he committed a FELONY and lost his RIGHT to own a gun. Now his RIGHT has been returned to him. At the time his crime was committed he was not one of the "good ones". Is there no one who should have their RIGHT to own a gun taken away in your opinion, no crime horrible enough?

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by estcrh View Post
    This is your personal political views and has nothing to do with this post. No one was "disarmed", the original poster admitted that he committed a FELONY and lost his RIGHT to own a gun. Now his RIGHT has been returned to him. At the time his crime was committed he was not one of the "good ones". Is there no one who should have their RIGHT to own a gun taken away in your opinion, no crime horrible enough?
    Presume you mean that, in your opinion, it has nothing to do with this thread.

    My generalized remark was hardly inconsistent with the statements leading up to it.

    Interesting that the two questions you pose are exactly that of which you accuse me - off topic. Perhaps you could start a new thread to that regard.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  20. #20
    Regular Member Gunslinger's Avatar
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    Wow. Guess I'll have to stop posting my "personal political views." But then, whose should I post?

  21. #21
    Regular Member estcrh's Avatar
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    Quote Originally Posted by Gunslinger View Post
    Wow. Guess I'll have to stop posting my "personal political views." But then, whose should I post?
    Take them some were else.

    OpenCarry.org - Discussion Forum Rules

    (8) KEEP IT ON-TOPIC: All gun rights discussions not directly related to open carry should take place in the "General Discussions" forum and topics that are not related to gun rights at all should take place in "The Lounge". Please police your own posts before posting them and help keep OCDO strong and focused.

    (9) HATE IS NOT WELCOME HERE: Any posts attacking others based upon race, religions, national origin, sexual orientation, or anything other than opposition to gun rights is NOT WELCOME HERE! We reserve the right to impose immediate bans for such behavior

  22. #22
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by estcrh View Post
    Take them some were else.

    OpenCarry.org - Discussion Forum Rules

    (8) KEEP IT ON-TOPIC: All gun rights discussions not directly related to open carry should take place in the "General Discussions" forum and topics that are not related to gun rights at all should take place in "The Lounge". Please police your own posts before posting them and help keep OCDO strong and focused.

    (9) HATE IS NOT WELCOME HERE: Any posts attacking others based upon race, religions, national origin, sexual orientation, or anything other than opposition to gun rights is NOT WELCOME HERE! We reserve the right to impose immediate bans for such behavior
    Such continued snipping is not IMO needed - it is the bane of OCDO.

    Yes the rules need to be heeded, but find it less than productive for one experienced poster to speak harshly or derisively to another.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  23. #23
    Regular Member estcrh's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Such continued snipping is not IMO needed - it is the bane of OCDO.

    Yes the rules need to be heeded, but find it less than productive for one experienced poster to speak harshly or derisively to another.

    ..........--Moderator Comment--
    All things in moderation - this is getting out of hand.
    .................Deleted it.

  24. #24
    Regular Member turbodog's Avatar
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    Quote Originally Posted by wimac View Post
    Ok so I am clear local for arms and clear in NCIC!!!

    I feel better now!
    Excellent news! Carry on.
    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

  25. #25
    Regular Member Gunslinger's Avatar
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    Quote Originally Posted by estcrh View Post
    Take them some were else.

    OpenCarry.org - Discussion Forum Rules

    (8) KEEP IT ON-TOPIC: All gun rights discussions not directly related to open carry should take place in the "General Discussions" forum and topics that are not related to gun rights at all should take place in "The Lounge". Please police your own posts before posting them and help keep OCDO strong and focused.

    (9) HATE IS NOT WELCOME HERE: Any posts attacking others based upon race, religions, national origin, sexual orientation, or anything other than opposition to gun rights is NOT WELCOME HERE! We reserve the right to impose immediate bans for such behavior
    I suggest you get a sense of humor. My comment was so obviously posted in, somewhat sarcastic, jest I'm amazed anyone would miss it. And 'political views" has absolutely nothing to do with your regurgitation of 'forum rules.' Nothing in this thread is demonstrably off topic, nor has anyone espoused 'hate' of any kind.

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