Posted: 7/17/2011 2:38:06 PM EDT
|
Well, I've heard all this talk about how open carry is legal yada yada yada, but in the Academy the other day, they were discussing the new gun laws in GA, and they said that open carry with a loaded handgun is only legal if you have a ccw, and if you don't, then you can open carry a pistol as long as it is unloaded, or you can carry a loaded long gun.
I'm pretty sure I've heard from GAcarry.org that open carry regardless was legal without a permit. I'm just trying to figure out what they were saying at the academy vs what the law is. I have the GA law book in my car, I just hate reading it. |
|
Quoted:
Well, I've heard all this talk about how open carry is legal yada yada yada, but in the Academy the other day, they were discussing the new gun laws in GA, and they said that open carry with a loaded handgun is only legal if you have a ccw, and if you don't, then you can open carry a pistol as long as it is unloaded, or you can carry a loaded long gun. I'm pretty sure I've heard from GAcarry.org that open carry regardless was legal without a permit. I'm just trying to figure out what they were saying at the academy vs what the law is. I have the GA law book in my car, I just hate reading it. You sir, are going to fit right in 
|
|
Quoted:
...and they said that open carry with a loaded handgun is only legal if you have a ccw, and if you don't, then you can open carry a pistol as long as it is unloaded, or you can carry a loaded long gun. This is my understanding of the law, however, I'm far from a lawyer. |
|
Small world, I'm actually studying this stuff right now for my academy. The key is 16-11-126 (h)(1)... which says that unless you exactly meet one of the exceptions (a) through (g), you need a license to carry a weapon. Open carrying a loaded handgun is not an exception, so you need a license to do it.
I believe a previous version of the law had exceptions to open carry and such, but it has since changed. And if I am wrong, someone please let me know before my test tomorrow. 
|
|
Quoted:
You need a permit unless you meet one of the exemptions. Open or concealed.. doesn't matter. this is my understanding as well. In Georgia, is no longer called the "Conceal Carry" License, but simply "Georgia Firearms License". You must have a GFL (Or out of state license that is accepted by Georgia) to carry a hand gun, regardless of "unloaded, loaded, open, concealed, upside down..." |
|
From Georgia Packing
Summary in "plain english" Basically, to carry a long gun you do not have to have a license to carry as long as you are not prohibited from owning a firearm.
To carry a handgun openly or concealed in the state of Georgia (other than on your property or inside your home, car, or your place of business), you must have a Georgia Weapons Carry License (or the older Georgia Firearm License) issued under code 16-11-129. To carry a knife designed for offense with a blade over 5 inches you must have a Georgia Weapons Carry License (or the older Georgia Firearm License) issued under code 16-11-129. There are exceptions, read below to find out what those are. More details If you are not prohibited by law from owning a firearm you may carry a weapon on your own property and in your own home, motor vehicle and place of business without needing a valid weapons carry license. (including the property that the business is located on IF the property is owned by the business owner).
You do not have to have permission from the business owner in order to be exempt from carrying a concealed weapon without a license at your place of business (however that does NOT mean you cannot be fired for carrying without permission. If you cross any property in transit between your property, car or office then you would be in violation of the law. If you are not prohibited by law from owning a firearm you may carry a long gun without needing a valid weapons carry license. However if it is loaded, you must carry the long gun in an open and fully exposed manner (this exemption is odd, a long gun is not defined as a weapon so I am not sure what law you would be breaking if you did carry a loaded long gun concealed). If you are not prohibited by law from owning a firearm you may carry a handgun provided it is unloaded and enclosed inside a case (There is nothing that defines exactly what unloaded means, to be on the safe side you should assume it means no loaded magazine inserted into the gun). If you are not ineligible for a license to carry, you can carry in any private passenger motorized vehicle, provided that the owner (or other legal representative of the property) has not forbid possession of weapons or long guns on the property (the difference between this and the first one is that you can carry in someone elses car provided you could get a GWL and they do not forbid you posessing it in their car). If you have a valid hunting or fishing license or do not legally have to have one, you can carry a handgun or long gun while you are actively engaged in hunting, fishing or sport shooting with permission from the owner of the land you are on. If you have a license to carry from a state that honors the Georgia Weapons Carry License, as long as you are not a resident of Georgia and you follow Georgia laws while you are here (a map of states that honor the Georgia license is here). Violation of this code section is a misdemeanor for the first offense and a felony if a second offense is committed within 5 years of the first. (16-11-125.1, 16-11-126 ) Monk |
|
Quoted:
Good stuff. Thanks people. I just remember last year when they were squaring away all these laws, everyone was raving about open carry. I know of a few people that do it sans license. I just thought it was dumb drawing attention to yourself. Quit screwing around and read that OCGA. Once a year: Titles 15, 16, 17, 19 & 40 especially. Withan emphasis crimes agains persons and property. There should be a copies of both the US and GA Constitutions also. read both. Once a year minimum. You sell yourself short if you don't. |
|
Quoted:
Quoted:
Good stuff. Thanks people. I just remember last year when they were squaring away all these laws, everyone was raving about open carry. I know of a few people that do it sans license. I just thought it was dumb drawing attention to yourself. Quit screwing around and read that OCGA. Once a year: Titles 15, 16, 17, 19 & 40 especially. Withan emphasis crimes agains persons and property. There should be a copies of both the US and GA Constitutions also. read both. Once a year minimum. You sell yourself short if you don't. This Be that guy who others go to for knowledge. It's important to know the laws and not go on the "common knowledge.". You are going to find that it's not so common. |
|
Quoted: Quoted: Quoted: Good stuff. Thanks people. I just remember last year when they were squaring away all these laws, everyone was raving about open carry. I know of a few people that do it sans license. I just thought it was dumb drawing attention to yourself. Quit screwing around and read that OCGA. Once a year: Titles 15, 16, 17, 19 & 40 especially. Withan emphasis crimes agains persons and property. There should be a copies of both the US and GA Constitutions also. read both. Once a year minimum. You sell yourself short if you don't. This Be that guy who others go to for knowledge. It's important to know the laws and not go on the "common knowledge.". You are going to find that it's not so common. Tag for a double THIS. I had to take the recent POST 4hr update block of instruction on this and can tell you it's critical not only know what was already on the books but what was changed and went into effect this year. We very glad to see the block created and taught, just wish it was mandatory and not optional across all LE in the state. I've gone on to package and use this info in my PPITH and PPOTH classes and it surprises most what GA says you now can and cannot do. Here's a good link: http://law.justia.com/georgia/ Plug in O.C.G.A. § 16-3-21 as well as O.C.G.A. § 16-11-120 and O.C.G.A. § 16-11-129 Hell just start looking up all the codes reflected here: http://www.georgiapacking.org/law.php POST actually went to several of the attorneys that do work on behalf of GA Packing and crafting the material for their officer update based on feedback they received which IMHO, was awesome and very smart. |
|
Quoted:
Quoted:
Quoted:
Good stuff. Thanks people. I just remember last year when they were squaring away all these laws, everyone was raving about open carry. I know of a few people that do it sans license. I just thought it was dumb drawing attention to yourself. Quit screwing around and read that OCGA. Once a year: Titles 15, 16, 17, 19 & 40 especially. Withan emphasis crimes agains persons and property. There should be a copies of both the US and GA Constitutions also. read both. Once a year minimum. You sell yourself short if you don't. This Be that guy who others go to for knowledge. It's important to know the laws and not go on the "common knowledge.". You are going to find that it's not so common. After he couldn't figure out how to clear it, I had a Dekalb PD try and tell me that carrying Condition 1 with a 1911 was illegal. |
|
Quoted:
Quoted:
You need a permit unless you meet one of the exemptions. Open or concealed.. doesn't matter. this is my understanding as well. In Georgia, is no longer called the "Conceal Carry" License, but simply "Georgia Firearms License". You must have a GFL (Or out of state license that is accepted by Georgia) to carry a hand gun, regardless of "unloaded, loaded, open, concealed, upside down..." It was never called the "Concealed Carry" license. You had to have the GFL, now GWL, in order to carry, open or concealed. It has been that way for a very long time, long before the name change on the license. I think it's called GWL now in order to accomodate other weapons such as knives. |
|
Quoted:
Good stuff. Thanks people. I just remember last year when they were squaring away all these laws, everyone was raving about open carry. I know of a few people that do it sans license. I just thought it was dumb drawing attention to yourself. Honestly, a lot of cops that I have asked think you can open carry without a license. On the other hand, there are cops who think the GFL/GWL only allows you to open carry, not concealed. |