FL resident, may I OC in GA?

Smoak · October 23rd, 2009, 06:47 AM

I am a FL resident with a CCW permit. If I travel to GA, may I carry concealed, open carry??

j21blackjack · October 23rd, 2009, 07:15 AM

Yes, as long as it is in some kind of holster.

rmodel65 · October 23rd, 2009, 02:48 PM

Quote:

Originally Posted by j21blackjack

Yes, as long as it is in some kind of holster.

Wrong...actually he doesnt need a holster to OC

only for CC is it required ;)

i recommend taking a look at Welcome to GeorgiaPacking.org to go over the off limits places etc GA is quite restrictive

Quote:

O.C.G.A. § 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, knuckles whether made from metal, thermoplastic, wood, or other similar material, 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, attache case, briefcase, or other closed container. Any person having been issued a license to carry a concealed weapon pursuant to Code Section 16-11-129 shall be permitted to carry such weapon, subject to the limitations of this part, in all parks, historic sites, or recreational areas as defined by Code Section 12-3-10 and in all wildlife management areas.

(d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition.

(e) This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle.

(f) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state.

HISTORY: Laws 1837, Cobb's 1851 Digest, pp. 848, 849; Ga. L. 1851-52, p. 269, §§ 1-3; Code 1863, § 4413; Ga. L. 1865-66, p. 233, §§ 1, 2; Code 1868, § 4454; Code 1873, § 4527; Ga. L. 1882-83, p. 48, § 1; Code 1882, § 4527; Ga. L. 1898, p. 60, § 1; Penal Code 1895, § 341; Penal Code 1910, § 347; Code 1933, § 26-5101; Code 1933, § 26-2901, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 1430, § 1; Ga. L. 1982, p. 3, § 16; Ga. L. 1992, p. 6, § 16; Ga. L. 1996, p. 108, § 1; Ga. L. 1998, p. 1153, § 1; Ga. L. 2000, p. 1630, § 3; Ga. L. 2007, p. 47, § 16/SB 103; Ga. L. 2008, p. 533, § 3/SB 366; Ga. L. 2008, p. 1199, § 3/HB 89.

goldshellback · October 23rd, 2009, 02:55 PM

+1 on GPO

Biomortis · October 23rd, 2009, 03:54 PM

Well now, nice technicality. Time to order some rare earth magnets so I can make an awesome gun belt that makes my Glock 27 look like its magically stuck to my side.

rmodel65 · October 23rd, 2009, 04:03 PM

well you can just stick you pistol in your pants or pocket etc as long as you can tell its a pistol

Caselaw on GeorgiaPacking.org, Stockdale v. State, 32 Ga. 225 (1861)

Quote:

A pistol carried by a man with no effort to conceal it; with the barrel inserted beneath the pantaloons in front, whilst the man's coat was unbuttoned, and the man had on no vest at the time; that the cock, cylinder, and caps of the pistol could be plainly and distinctly seen, and any person could know that it was a pistol, without any difficulty, is not concealed.

Upholds Nunn v. State's constitutional right to bear arms openly, as that "decision has been constantly adhered to from that time to the present, and must continue to stand as the law of this Court on that subject."

The court notes that it is "impossible for one to have and bear about his person a pistol or weapon of any kind, without having some part of the weapon concealed from view."

This is the decision that originated the idea of putting others on notice that they are armed, and dangerous persons, to be avoided upon sight.

Note that bear = carry, in the Supreme Court's estimation.

cbigclarke · October 23rd, 2009, 05:29 PM

LMAO @ "pantaloons"

if that aint an old timey word

rmodel65 · October 23rd, 2009, 05:34 PM

the case is from 1861 :P

Smoak · October 27th, 2009, 02:12 AM

so can i CC in GA?

rmodel65 · October 27th, 2009, 02:42 AM

yes you can OC or CC, but unlike your home state you cant carry anything besides a gun in GA with the license

October 23rd, 2009, 06:47 AM	#1
Smoak New Member Join Date: Oct 2009 Location: FL Posts: 8	FL resident, may I OC in GA? I am a FL resident with a CCW permit. If I travel to GA, may I carry concealed, open carry??

October 23rd, 2009, 02:55 PM	#4
goldshellback VIP Member Join Date: May 2007 Location: St. Mayberry, GA Posts: 2,493	+1 on GPO __________________ "Just getting a concealed carry permit means you haven't commited a crime yet........CCP holders commit crimes." Daniel Vice, senior attorney for the Brady Campaign to Prevent Gun Violence, as quoted on Fox & Friends, July 7th, 2008

October 23rd, 2009, 03:54 PM	#5
Biomortis Member Join Date: Sep 2009 Location: Georgia Posts: 95	Well now, nice technicality. Time to order some rare earth magnets so I can make an awesome gun belt that makes my Glock 27 look like its magically stuck to my side. __________________ Glock 27 - 2009 Marlin Model 65 .22LR - 1968 Remington Model 31 16ga - 1932 Remington 1900 12ga - 1904

October 23rd, 2009, 05:29 PM	#7
cbigclarke Member Join Date: Jan 2009 Location: dirty jerez Posts: 53	LMAO @ "pantaloons" if that aint an old timey word __________________ jersey no more.. im a texan now

October 23rd, 2009, 05:34 PM	#8
rmodel65 Member Join Date: May 2008 Location: brunswick Posts: 463	the case is from 1861 :P __________________ S&W M&P40 Kel-tec p11 CZ-52 www.georgiacarry.org member

October 23rd, 2009, 07:15 AM	#2
j21blackjack Member Join Date: Dec 2007 Location: Kingsland, Georgia Posts: 334	Yes, as long as it is in some kind of holster.

October 27th, 2009, 02:12 AM	#9
Smoak New Member Join Date: Oct 2009 Location: FL Posts: 8	so can i CC in GA?

October 27th, 2009, 02:42 AM	#10
rmodel65 Member Join Date: May 2008 Location: brunswick Posts: 463	yes you can OC or CC, but unlike your home state you cant carry anything besides a gun in GA with the license __________________ S&W M&P40 Kel-tec p11 CZ-52 www.georgiacarry.org member

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