Legal self defense, Illegal carry - Page 3

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 ...

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Thread: Legal self defense, Illegal carry

  1. #31
    Array Bark'n's Avatar
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    West Central Missouri
    Quote Originally Posted by rmodel65 View Post

    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 no where near 5 years maybe a fine and loss of his GFL for 5 years
    I understand that. Yes, In Georgia it's a misdemeanor. And Yes, I understand the OP is from Georgia.

    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.
    Semper Fi

    "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."

  2. #32
    Senior Member Array Keltyke's Avatar
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    Jun 2009
    Spartanburg, SC
    if you are caught carrying a concealed weapon without a license it is a Felony on the State level.
    I never said I didn't have a permit...

  3. #33
    Member Array MaineGlock's Avatar
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    Nov 2009
    Fargo, North Dakota
    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!
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  4. #34
    Senior Member Array Keltyke's Avatar
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    Spartanburg, SC
    Question to follow this, how does the castle doctrine work in this case?
    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).

  5. #35
    Member Array AtlantaSW40's Avatar
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    Quote Originally Posted by rmodel65 View Post

    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 no where near 5 years maybe a fine and loss of his GFL for 5 years
    I was not aware of this...I also thought it was a felony.

  6. #36
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    Jun 2008
    Northern Piedmont of Va. & Middle of Nowhere, W.Va.
    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.
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    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.

  7. #37
    VIP Member Array Janq's Avatar
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    Quote Originally Posted by AZ Husker View Post
    An illegal carry conviction will usually prevent you from ever getting a CCW license again.

    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

    There have been _many_ and that's just hat has been noticed and posted here.

    - Janq
    "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

  8. #38
    VIP Member Array TedBeau's Avatar
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    Quote Originally Posted by DM2 View Post
    The short answer is it depends. First, here in Detroit, our Prosecutor would probably prosecute you for everything from the illegal firearm to 2nd degree murder if the BG dies. From my understanding, all of the other weapons you mentioned would be illegal to carry in Detroit. Our CPL is for pistols only.

    The reason I said it depends is from experience. I once served on a jury where a guy shot and killed a guy who had attacked him unprovoked with a handgun he was carrying illegally. He also ran from the scene and threw the gun away. We, the jury found him innocent of all charges basically because the group of four aggressors were the neighborhood bullies. The defendant in our case was minding his own business just trying to make it home from his girlfriend's house. We didn't even convict him for illegally carrying a concealed firearm ( this was prior to MI becoming a "shall issue" state ) basically because he had already served over a year in jail waiting for his trial. If I remember correctly (this was about 17 years ago), he was charged with a felony firearms charge, and 2nd degree murder.

    BTW, the prosecutor told us that the victim's father was satisfied that his son was wrong and was fine with our verdict.
    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.

    That's the verdict that seems right to me. Of course with the guility conviction he couldn't get a CPL now.

  9. #39
    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by AtlantaSW40 View Post
    I was not aware of this...I also thought it was a felony.

    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 i carry openly a lot
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  10. #40
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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, Harris v. State, 15 Ga. App. 315, 85 S. E. 813 (1914)
    If you don't have a permit to carry.

    Quoted from Open
    >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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