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Thread: No permit open carry?

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    No permit open carry?

    So first off let me introduce myself, this being my first post, I've been around guns all my life took my first deer at 11 and purchased my first handgun on my 18th birthday. I have never cared for carrying openly, or concealed, but someone recently (6 months ago) broke into my truck in my driveway while i was in the laundry room and I've keep a gun handy ever sense. I haven't applied for my license yet but I've been told by every officer that I have asked (3 one being my brother) that I can open carry with no permit being that the law just changed 4 months ago. But everything I've read online contradicts this, once I get a straight answer or permit, wich ever comes first I plan on open carrying. I've looked at Georgia carry and it obviously says no without a permit, my brother a veteran, and senior Marietta police officer says I can...so what it is?

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    Moderator / Administrator Grapeshot's Avatar
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    Cliff notes version:

    OC on foot is legal only with a permit/license. OC in a vehicle does not require the piece of paper.

    Summary
    Georgia is not a traditional open carry state. However, open carry IS legal with a Georgia permit. It is also worthy of note that you MAY openly carry a firearm without a permit in a motor vehicle.
    http://www.opencarry.org/ga.html
    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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    Yeah that's the same info I've been reading, but I haven't been able to find any dates of when it was written, so unless I see something in writing Saying that has changed, I guess I will be waiting until I have time to apply for the permit...

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    Quote Originally Posted by Sp-01Fazer View Post
    Yeah that's the same info I've been reading, but I haven't been able to find any dates of when it was written, so unless I see something in writing Saying that has changed, I guess I will be waiting until I have time to apply for the permit...
    are you in the military? in GA members of state or federal military are exempt from needing a permit

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    No permit open carry?

    rmodel65
    Originally Posted by Sp-01Fazer
    Yeah that's the same info I've been reading, but I haven't been able to find any dates of when it was written, so unless I see something in writing Saying that has changed, I guess I will be waiting until I have time to apply for the permit...


    are you in the military? in GA members of state or federal military are exempt from needing a permit
    do you know the state code that explains this cause i am military and i have heard the same thing but when i looked into this i called columbia and richmond county sherrifs office and the marshal and they all fowarded me to the probate court and they didnt give me a answer pertaning to this

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    No I'm just a regular old civilian, but I still can't figure out why the police officers would tell me I can open carry without a permit, just proves the fact that not all officers know the laws they are enforcing, sad to say but even my highly decorated brother must not know. But I plan on taking off early next wensday to go apply for my permit but thanks for the info

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by southernrebel View Post
    ---snip---

    do you know the state code that explains this cause i am military and i have heard the same thing but when i looked into this i called columbia and richmond county sherrifs office and the marshal and they all fowarded me to the probate court and they didnt give me a answer pertaning to this
    O.C.G.A. § 16-11-130, Exemptions from Code Sections
    (3) Persons in the military service of the state or of the United States;
    http://www.georgiapacking.org/GaCode...11&section=130
    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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    If you have active duty status with the military. All you need to do is go to the probate court with your military ID, copy of current orders and a utility/phone bill along with 75$ and you can apply for your GWL. Although we are exempt from needing one, its nice to have if you travel to the bordering states (minus SC) as they honor the Georgia permit.

    Dion Ruta
    MA3/USN

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    Regular Member Fallschirmjäger's Avatar
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    Why do cops (and some others) think that you carry a pistol without a license?

    1) Because, they're reading the law, specifically OCGA 16-11-128.
    To save everyone clicking, I'll post the entirety of the law:
    O.C.G.A. 16-11-128 (2010)
    16-11-128. Carrying pistol without license
    Reserved. Repealed by Ga. L. 2010, p. 963, 1-6, effective June 4, 2010
    2) They are not understanding that it is the "Pistol Carrying" part of the law that has been repealed and replaced by the Weapons Carrying statute.
    Last edited by Fallschirmjäger; 04-16-2012 at 10:43 PM.

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    Quote Originally Posted by Sp-01Fazer View Post
    No I'm just a regular old civilian, but I still can't figure out why the police officers would tell me I can open carry without a permit, just proves the fact that not all officers know the laws they are enforcing, sad to say but even my highly decorated brother must not know. ...
    The cops and your brother are correct, but they didn't give you all the information you need. You can carry (open or concealed) in your home, automobile or place of business. The applicable portion of the law is pasted below (emphasis added). You can view the whole by searching at: http://www.lexisnexis.com/hottopics/gacode/Default.asp
    This is the Georgia castle doctrine.

    § 16-11-126. Having or carrying handguns, long guns, or other weapons; license requirement; exceptions for homes, motor vehicles, and other locations and conditions; penalties for violations


    (a) 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 weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license.

    (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.

    (c) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun provided that it is enclosed in a case and unloaded.

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    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by pinion24 View Post
    This is the Georgia castle doctrine.
    Welcome Pinion
    A very good first post, but that's Not the castle doctrine section of the Georgia Code.
    You want 16-3-23.1 for that.
    Last edited by Fallschirmjäger; 04-25-2012 at 10:51 PM.

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