“A person commits the [crime] of
carrying a pistol without a license when he has or carries on or about his person,
outside of his home, motor vehicle, or place of business, any pistol or revolver without
having on his person a valid license . . . .” O.C.G.A. § 16-11-128(a) (emphasis
added). Those cases are, therefore, not relevant to the crime of boarding with a
concealed weapon or the crime of carrying a concealed weapon.
Because a Georgia firearms license is an affirmative defense to the crime of
boarding with a concealed weapon and the crime of carrying a concealed weapon, it
does not matter if there was no reason to suspect that Raissi did not have a Georgia
firearms license. After Raissi concealed his handgun and started walking toward the
MARTA station, he had committed all of the acts required for the crime of boarding
with a concealed weapon and the crime of carrying a concealed weapon. Officer
Nicholas saw this happen. The officers were not then required “to explore and
eliminate every theoretically plausible claim of innocence,” including affirmative
defenses, before making an investigative stop of Raissi.