I'll be traveling to Atlanta in March to attend a convention. Can anyone tell me if it's legal to carry concealed downtown and also if it's legal to carry while traveling on the MARTA?
This is the correct answer.you can carry on MARTA but if spotted expect to be detained.... as for right now they have one the civil lawsuit filed by GCO...although the court was silent about what would happen if the person was OC maybe they couldnt stop you...no idea
Also Atlanta will arrest you for airport carry even though its legal to do so....
you can carry downtown as long as it isnt a Public Gathering....church,govt buildings,political rallies and bars along with sport events and anything else that a cop wants to claim one is.... i have OCed in atlanta no problem and CCed no problem.....
its doesnt sound like a public gathering....but the only place that is definitely legal in GA is McDonalds according to current case law......That's what I figured.
Unfortunately from the wording I'm not sure if is legal for me to carry while attending the function (franchisee convention). The thing that confuses me is the wording "events where the general public gather".
While the general public will not have access to the convention activities I'm not sure if the franchisees would be considered "General Public" in this instance.
If i remember correctly there is a sign in every marta car that says no weapons. Under it it says except license holders. That was about 2 years ago though...
“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.