Legal self defense, Illegal carry

This is a discussion on Legal self defense, Illegal carry within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; #1: The person decided to carry illegally today: if proved, he gets in big trouble. + #2: The person carrying decided to shoot: if righteous, ...

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Thread: Legal self defense, Illegal carry

  1. #16
    Distinguished Member Array Paymeister's Avatar
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    #1: The person decided to carry illegally today: if proved, he gets in big trouble.
    +
    #2: The person carrying decided to shoot: if righteous, no problem (aside from lawyer fees, presumably). Note that bullets in the bad guy pretty much prove #1
    =
    Still has to deal with trouble for carrying illegally in #1.
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  3. #17
    Member Array AtlantaSW40's Avatar
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    Wow! The responses so far have been great! I have applied for my ccw permit. Merely waiting for the county to issue. I have no criminal background so I'm just playing the waiting game. I also have no intentions of carrying my gun concealed until I have the proper permit. I was something I have been curious about. I carry a knife on me and a baton in my car, but was thinking "what if".

    Some of the cases you all have mentioned are interesting reads.

    For me I just run senarios through my head and how I'd like to think I'd respond, and I was wondering if I found myself in a "do or die" situation and j used some sort of illeg means to legally protect myself how it would turn out. It is good to know that some states won't persecute their heros but I completely understand how one can be let go on charges of self defense but criminally charged for a weapons violation. When it comes to it you do onl have one life to live and if you must sacrifice a few of those years to protect yourself so be it. Better than having your life prematurely ended I guess.

    Please keep the comments and situation references coming. I am learning quite a bit!

  4. #18
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    An illegal carry conviction will usually prevent you from ever getting a CCW license again.
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  5. #19
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    The classic case would be Bernard Goetz back in the 1980s.
    Quote from Wikipedia:
    Bernard Hugo Goetz, publicly known as Bernhard Goetz or as Bernie Goetz, is an American best known for shooting four young men who he said were intent on mugging him,[1][2][3][4] resulting in his conviction for illegal possession of a firearm. Goetz came to symbolize New Yorkers’ frustrations with the high crime rates of the mid 1980s. The incident occurred on the Seventh Avenue 2 express subway train in Manhattan on December 22, 1984. It sparked a nationwide debate on vigilantism, the perceptions of race and crime in major cities, and the legal limits of self-defense.[3]

    Goetz fired an unlicensed revolver five times, seriously wounding all of the would-be muggers. The initially unknown shooter, dubbed the "Subway Vigilante" by the New York press, was both exalted and vilified in the media and in public opinion.

    Goetz surrendered to police nine days later and was eventually charged with attempted murder, assault, reckless endangerment, and several firearms offenses. A Manhattan jury found him not guilty of all charges except an illegal firearms possession count, for which he served two-thirds of a one-year sentence. The incident has been cited as a contributing factor to the groundswell movement against urban crime and disorder, and successful National Rifle Association campaigns to loosen restrictions on the concealed carrying of firearms.

  6. #20
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    Quote Originally Posted by AtlantaSW40 View Post
    Wow! The responses so far have been great! I have applied for my ccw permit. Merely waiting for the county to issue. I have no criminal background so I'm just playing the waiting game. I also have no intentions of carrying my gun concealed until I have the proper permit. I was something I have been curious about. I carry a knife on me and a baton in my car, but was thinking "what if".

    Some of the cases you all have mentioned are interesting reads.

    For me I just run senarios through my head and how I'd like to think I'd respond, and I was wondering if I found myself in a "do or die" situation and j used some sort of illeg means to legally protect myself how it would turn out. It is good to know that some states won't persecute their heros but I completely understand how one can be let go on charges of self defense but criminally charged for a weapons violation. When it comes to it you do onl have one life to live and if you must sacrifice a few of those years to protect yourself so be it. Better than having your life prematurely ended I guess.

    Please keep the comments and situation references coming. I am learning quite a bit!
    The following is Georgia state law:
    Part 3. Carrying and Possession of Firearms
    16-11-126. Carrying a concealed weapon.
    (a) A person commits the offense of carrying
    a concealed weapon when such person knowingly
    has or carries about his or her person, unless
    in an open manner and fully exposed to
    view, any bludgeon, metal knuckles, firearm,
    knife designed for the purpose of offense and
    defense, or any other dangerous or deadly
    weapon or instrument of like character outside of
    his or her home or place of business, except as
    permitted under this Code section.
    (b) Upon conviction of the offense of carrying
    a concealed weapon, a person shall be punished
    as follows:
    (1) For the first offense, he or she shall be
    guilty of a misdemeanor;
    and
    (2) For the second offense, and for any subsequent
    offense, he or she shall be guilty of a
    felony and, upon conviction thereof shall be
    imprisoned for not less than two years and not
    more than five years.
    (c) This Code section shall not permit, outside
    of his or her home, motor vehicle, or place of
    business, the concealed carrying of a pistol, revolver,
    or concealable firearm by any person unless
    that person has on his or her person a valid
    license issued under Code Section 16-11-129
    and the pistol, revolver, or firearm may only be
    carried in a shoulder holster, waist belt holster,
    any other holster, hipgrip, or any other similar
    device, in which event the weapon may be concealed
    by the person's clothing, or a handbag,
    purse, attaché case, briefcase, or other closed
    container. Carrying on the person in a concealed
    manner other than as provided in this subsection
    shall not be permitted and shall be a violation of
    this Code section.

    You are in trouble for the weapons violation but you would not usually go to the county jail if you can post bond and if that was the only charge and is a first offense.
    Unless you are convicted of a felony in Georgia, you can still obtain a concealed carry permit once the misdemeanor is adjudicated. Forget about being innocent until proved guilty. Under the above section, you are guilty of the weapon violation.
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  7. #21
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    How about this scenario your transporting a firearm through a state your not licensed in to one you are licensed in. You are either attacked or witness an attack in progress at a rest area can you use your gun? Sorry if this hijacks the thread just thought it was on the same idea.

  8. #22
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    That's a great scenario...just hope that happens in Tennessee and apparently you'll be clean and clear so long as you were rescuing someone is what I'm to understand.

  9. #23
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    Quote Originally Posted by madplmber View Post
    How about this scenario your transporting a firearm through a state your not licensed in to one you are licensed in. You are either attacked or witness an attack in progress at a rest area can you use your gun? Sorry if this hijacks the thread just thought it was on the same idea.
    Lock up and unload your gun as per federal transport statue, and stay in your vehicle the whole time. Don't stop at all.

    I would rather take my chances with surviving a gunshot wound after driving away than go up against a jury in some anti-carry places. My chances might be better.

    Bottom line: there are lots of places where you can get a permit and carry. If you are really worried, you should just stick to those places only...in a lot of states you could easily go through your whole life without having to enter a 'no carry' zone, so why risk prison?

    Or, if you believe that a 'best effort' attempt to carry is enough (as I do), you can just disarm when it is illegal or inconvenient. I visited DC yesterday, and though I hate it, I left my guns at home and went completely unarmed. That's life.
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  10. #24
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    in tn the da and sherrif have a choice to present charges or not

  11. #25
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    If you wouldnt get in trouble for using it in a justifiable manner I would carry without a license.

  12. #26
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    Quote Originally Posted by rmodel65 View Post
    it probably would have been a few years ago in GA

    A man, upon a sudden emergency necessitating the protection of his family, his property, or his person, could momentarily have a pistol in his manual possession without violating the law against carrying a pistol without first procuring a license.

    Take a careful read as to what the "emergency" is!

    Caselaw on GeorgiaPacking.org, Harris v. State, 15 Ga. App. 315, 85 S. E. 813 (1914)
    Sounds to me like he shot the wrong person!

  13. #27
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    While I would NEVER advocate anyone break the law: As more and more mess hits the blades in more and more places, I become less and less concerned with the pure legalities of where and when I can carry.

  14. #28
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    Quote Originally Posted by Keltyke View Post
    While I would NEVER advocate anyone break the law: As more and more mess hits the blades in more and more places, I become less and less concerned with the pure legalities of where and when I can carry.
    Amen to that Keltyke.. but you still have to CYA

  15. #29
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    If you defend yourself while carrying concealed without a license, regardless of how the shooting case turns out, expect to do 5 years on the gun charge.

    Whether you actually serve 5 years in prison will likely depend on how much money you have and how good your attorney is but you should expect the illegal gun carry charge to be pursued by the prosecutor.
    -Bark'n
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  16. #30
    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by Bark'n View Post
    If you defend yourself while carrying concealed without a license, regardless of how the shooting case turns out, expect to do 5 years on the gun charge.

    Whether you actually serve 5 years in prison will likely depend on how much money you have and how good your attorney is but you should expect the illegal gun carry charge to be pursued by the prosecutor.




    its only a misd to carry to a public gathering in GA which is a year...and carrying without a license is also only a misd....so no where near 5 years maybe a fine and loss of his GFL for 5 years
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