Odd Question, new to open carry

wimac · Feb 24, 2011

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.

Grapeshot · Feb 24, 2011

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.

estcrh · Feb 24, 2011

wimac said:
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.

-David · Feb 24, 2011

Back to the actual question, yes you can open carry. Can you open carry where you work is another question.

wimac · Feb 24, 2011

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.

turbodog · Feb 24, 2011

wimac said:
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.

KBCraig · Feb 24, 2011

wimac said:
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.

estcrh · Feb 25, 2011

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.

jnmtwo · Feb 25, 2011

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.

estcrh · Feb 25, 2011

Jerry McBride said:
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!!!

Operator_223 · Feb 25, 2011

Here's my two cents....

:banghead: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.

wimac · Feb 25, 2011

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.

wimac · Feb 25, 2011

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

I feel better now!

Grapeshot · Feb 25, 2011

wimac said:
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.

sraacke · Feb 25, 2011

wimac said:
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.

Operator_223 · Feb 25, 2011

Grapeshot said:
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 !!!

estcrh · Feb 25, 2011

Operator_223 said:
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.

estcrh · Feb 25, 2011

Grapeshot said:
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?

Grapeshot · Feb 26, 2011

estcrh said:
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.

Gunslinger · Mar 1, 2011

Wow. Guess I'll have to stop posting my "personal political views." But then, whose should I post?

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