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; Originally Posted by rmodel65
its only a misd to carry to a public gathering in GA which is a year...and carrying without a license is ...
March 25th, 2010 02:56 AM
I understand that. Yes, In Georgia it's a misdemeanor. And Yes, I understand the OP is from Georgia.
Originally Posted by rmodel65
However, I should have been more specific where as this is a forum with over 30,000 members from all the States of the country and in many States, carrying concealed without a license is a Felony.
For example, in Missouri, before concealed carry was passed, carrying a gun illegally used to be a misdemeanor. However, when they passed concealed carry, they also enhanced the penalties for weapons related offenses and now, if you are caught carrying a concealed weapon without a license it is a Felony on the State level.
In many other States, it's always been a Felony.
And then, I believe if you get charged on a Federal Level for any gun crime, it's automatically a Felony. So, in theory, if say, you were involved in a shooting, and had a stray bullet strike and kill a mail man, the charges filed against you would probably be Federal charges as well as State charges.
So, I was speaking in the collective general terms...
Basically, if you are carrying an illegal weapon and lawfully defend your self with it. Expect to be gigged on the illegal weapon charge.
The amount of jail time you do... if any, is largely only going to be dependent on how much money you have and how good your lawyer is.
And good luck obtaining a ccw permit in the future.
"The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."
March 25th, 2010 02:56 AM
March 25th, 2010 07:03 AM
I never said I didn't have a permit...
if you are caught carrying a concealed weapon without a license it is a Felony on the State level.
March 25th, 2010 09:11 AM
Question to follow this, how does the castle doctrine work in this case? It is my understanding that if you are at home or private business you should be good to go. Does it cover you if you are in your car?
If Guns kill people then all of mine are defective!
My idea of gun control is using BOTH hands!
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March 25th, 2010 09:29 AM
In SC, Castle Doctrine can apply to your home, property, car, or place of business. Also, there is no "duty to retreat" in SC. A handgun may be worn openly on your property or place of business (if you are the owner or with the owner's permission).
Question to follow this, how does the castle doctrine work in this case?
March 25th, 2010 09:38 AM
I was not aware of this...I also thought it was a felony.
Originally Posted by rmodel65
March 25th, 2010 10:41 AM
There is no typical resolution. This is not a typical case. But self-defense is not a defense to carrying a firearm illegally. So, in Virginia, one is likely to be charged and convicted with, for example, carrying a concealed weapon in a restaurant that serves alcoholic beverages (we don't have "bars" or "taverns"), even though he shoots Badguy with legally sufficient reason.
Of course, there is such a thing as "prosecutorial discretion". The police don't have to make an arrest, and the prosecutor doesn't have to bring the case to trial.
Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com
Nothing I say as "user" should be taken as either advertising for attorney services or legal advice. Legal questions should be presented to a competent attorney licensed to practice in the relevant state.
March 25th, 2010 11:24 AM
Originally Posted by AZ Husker
As others stated why even debate this, just go get legal in your state which does allow as much.
But if the reasons is because you are restricted (due to some prior illegal activity) then well it's rules of the streets.
In the Good, Bad & Ugly thread there have been multiple real world accounts of persons defending themself or another (Wendys employee) who were not lawfully allowed to possess a weapon as singularly by legal restriction (Felons!).
In the case of the Wendys incident from last year the felon who was a recent release and was working a fry line on the job walking straight & narrow. Except he had procured a handgun from the streets as for "protection" he later stated to the responding police.
His story was hit with a daylight robbery and as one of the robbers made an attempt to do one of his co-workers the fry guy felon noted this and responded with focused aggression....Drew his handgun as concealed on his person and did one of IIRC two threats. Stopped him and he died just outside the store while trying to flee, no doubt looking for his momma.
The felon, he committed a crime by being in possession of a firearm AND using a firearm which borders on a third charge of using a firearm in a crime because he being not allowed to possess and having discharged it to take a life is a crime in itself.
Dude was burned...Even as he did 'the right thing'.
Be clear, the courts do not tend to have forgiveness toward crime in general and especially not as related to the handling/use of firearms never mind the taking of life.
Go get a permit and call it a day, if you are legal.
If you are not legal, well then it is street rules...And if you don't know what they are then well nothing more can be said.
Some recent case examples of same and similar as from DC.com:
There have been _many_ and that's just hat has been noticed and posted here.
"Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy
"A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing
March 25th, 2010 12:28 PM
Wow, I'm from Michigan, and I can't believe he didnt at the minimum get a fine or something for carrying illegally. I would expect him at best to be found guility of illegal carry and be sentenced to time served.
Originally Posted by DM2
That's the verdict that seems right to me. Of course with the guility conviction he couldn't get a CPL now.
March 25th, 2010 01:31 PM
Originally Posted by AtlantaSW40
the carrying without a license is a felony the second time....and if you forget your GFL and go out without its the same as like you never had one...even if you present it at court....but then there is also no law that says you have to show your GFL to anyone.....if you carry openly its an element of the offense meaning police must prove you dont have one...but if you carry concealed you can be arrested even with a valid license because it only an affirmative defense to the charge of carrying a weapon concealed....so i carry openly a lot
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March 25th, 2010 02:41 PM
If you don't have a permit to carry.
Originally Posted by rmodel65
Quoted from Open Carry.org
>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.<
So the moral of the story is if you are going to shoot someone either with an Open Carry Permit or a Concealed Carry Permit, it is best to first drag them into either your house or your car. In general, unless you are a LEO, if you shoot someone, you might as well finish the job. A dead assailant can't testify against you when you go to trial.
If you understand, things are just as they are... If you do not understand, things are just as they are....
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