OK, so I just read thru SB 302, 11-16-126 thru 129 and it clearly states OPEN CARRY with loaded long gun is legal. Last night I got into a debate with an instructor that said we COULD NOT open carry long guns anymore, am I missing this in another section or misreading it?
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If You Carry Know Your Laws! (FAQ)
- Thread starter CherryCola
- Start date
B
Blueberries
Guest
I still think members here would be better served by looking at the official Georgia and Federal websites, instead of relying on opinions expressed on an any open forum.
Blueberries,
I don't think anyone would disagree with your comment. However, these laws are sometimes open to interpretation. Look at a Prosecuting Attorney for example. He or she may interpret any given law one way or another as to whether to prosecute you or not.
For example and this is specific to this thread.
Does someone open carrying their handgun have to show his or her CCW license to a Law Enforcement Officer (LEO) if asked by the LEO to produce it. (For sake of argument no other law were broken - only a LEO sees a Open Carrier <OCer> and asks for his license).
Many people will say no, the OCer does not have to show his license. Many people will say that since under GA law an OCer must carry his CCW license on him while OCing he is obligated to show it to a LEO - otherwise how can the LEO know the OCer is not some criminal or in the process of committing a criminal act.
Let me throw this example out. Its late at night Saturday, actually about 0230 hrs Sunday morning. The location is any bad part of Atlanta. You are a LEO and are called to a location where it was reported that a man with a gun was intimidating people. (That's all you know from your dispatcher - that's all the info they have) The complainant/911 caller said that the man looked drunk and that they saw him carrying a gun and were scarred of him - the complainant has left the area and did not want to be involved further.
You, as an LEO go to the area to check it out - after all that's your job. You get there, and sure enough there is a guy drinking a cup of coffee in a gas station parking lot sitting on the hood of his car, clearly with a <insert handgun of your choice here> in his waistband - can't tell if its an IWB holster. What do you do ? I know at some point a reasonable LEO would ask the guy if he had a CCW permit - after all by GA LAW you are supposed to have it in possession whenever CCWing/OCing - PERIOD.
I know what many of you reading this are going to say. Hey the guy didn't commit any crime, the complainants are gone - no one to say what he did or didn't do. Carrying a handgun OC is not illegal in and of itself, so what's the big deal. Lets further say that the guy in question is a "rabid" OCer and knows GA firearm laws better than most LEO's. He isn't about to show his CCW license and for that matter doesn't want do say anything to the LEO, other than "Am I free to go or under arrest?". If people don't see a problem here there's nothing I can say to change your mind. This is a bad situation that I contend could be made a lot better for both the OCer and LEO, with the guy in question being polite answering the LEO's questions and producing the CCW.
I contend that the LEO could charge the individual with obstruction of the law (http://definitions.uslegal.com/o/obstruction-of-justice/) if he does not produce his CCW license.
While I do not know the elements of the crime off hand, I also think that in this scenario the individual could be charged with Interference with Police/Interference of a Police Officer in his Official duties. I say this because the OCer is intentionally interfering with the LEO who is acting in the discharge of his duties by not providing his CCW which is required to be carried on him. The OCer is suppressing material, his CCW, which would easily prove his innocence of CCW without a permit. He is further hampering the LEO by forcing the LEO to spend extra time with him in order to verify that no laws have been broken - again something that is a LEO job to do.
I know that this is a very controversial issue. I really hope that one day GA CCW laws get amended to make it clear that anyone OCing must provide their license, AGAIN which under GA law they are required to carry on them - to any LEO that is acting within the scope and realm of his duties on demand. Does that make us more or less of a less free state or citizenry - I say NO.
Regards,
Rob
I don't think anyone would disagree with your comment. However, these laws are sometimes open to interpretation. Look at a Prosecuting Attorney for example. He or she may interpret any given law one way or another as to whether to prosecute you or not.
For example and this is specific to this thread.
Does someone open carrying their handgun have to show his or her CCW license to a Law Enforcement Officer (LEO) if asked by the LEO to produce it. (For sake of argument no other law were broken - only a LEO sees a Open Carrier <OCer> and asks for his license).
Many people will say no, the OCer does not have to show his license. Many people will say that since under GA law an OCer must carry his CCW license on him while OCing he is obligated to show it to a LEO - otherwise how can the LEO know the OCer is not some criminal or in the process of committing a criminal act.
Let me throw this example out. Its late at night Saturday, actually about 0230 hrs Sunday morning. The location is any bad part of Atlanta. You are a LEO and are called to a location where it was reported that a man with a gun was intimidating people. (That's all you know from your dispatcher - that's all the info they have) The complainant/911 caller said that the man looked drunk and that they saw him carrying a gun and were scarred of him - the complainant has left the area and did not want to be involved further.
You, as an LEO go to the area to check it out - after all that's your job. You get there, and sure enough there is a guy drinking a cup of coffee in a gas station parking lot sitting on the hood of his car, clearly with a <insert handgun of your choice here> in his waistband - can't tell if its an IWB holster. What do you do ? I know at some point a reasonable LEO would ask the guy if he had a CCW permit - after all by GA LAW you are supposed to have it in possession whenever CCWing/OCing - PERIOD.
I know what many of you reading this are going to say. Hey the guy didn't commit any crime, the complainants are gone - no one to say what he did or didn't do. Carrying a handgun OC is not illegal in and of itself, so what's the big deal. Lets further say that the guy in question is a "rabid" OCer and knows GA firearm laws better than most LEO's. He isn't about to show his CCW license and for that matter doesn't want do say anything to the LEO, other than "Am I free to go or under arrest?". If people don't see a problem here there's nothing I can say to change your mind. This is a bad situation that I contend could be made a lot better for both the OCer and LEO, with the guy in question being polite answering the LEO's questions and producing the CCW.
I contend that the LEO could charge the individual with obstruction of the law (http://definitions.uslegal.com/o/obstruction-of-justice/) if he does not produce his CCW license.
While I do not know the elements of the crime off hand, I also think that in this scenario the individual could be charged with Interference with Police/Interference of a Police Officer in his Official duties. I say this because the OCer is intentionally interfering with the LEO who is acting in the discharge of his duties by not providing his CCW which is required to be carried on him. The OCer is suppressing material, his CCW, which would easily prove his innocence of CCW without a permit. He is further hampering the LEO by forcing the LEO to spend extra time with him in order to verify that no laws have been broken - again something that is a LEO job to do.
I know that this is a very controversial issue. I really hope that one day GA CCW laws get amended to make it clear that anyone OCing must provide their license, AGAIN which under GA law they are required to carry on them - to any LEO that is acting within the scope and realm of his duties on demand. Does that make us more or less of a less free state or citizenry - I say NO.
Regards,
Rob
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Very good statement there Rob!
Maybe I am wrong and Im sure you guys will let me know. BUT if in that situation, why not just show your CCW? Would it not difuse it all together, with ALOT less hassle. Same goes for a traffic stop, if I am carrying why would I not want to show the cop my CCW? My gun is on my right hip.....guess what so is my wallet. What if I say nothing to him about it and as I reach for my wallet he sees the gun........what do you think his first reaction is going to be? I would much rather let them know I am a permit holder and that I AM carrying. I have been pulled over twice.....(got a tail light that seems to go out and on when it wants to) Both times I have let them know in advance that I am a license holder and that I AM carrying a weapon. Neither time have I had a problem. Now turn the dogs loose.
..... Correct me here, but everything you listed in the beginning for vehicular carry basically states that you need a ccw to carry in your car??? You're allowed to carry in your car without one as it is considered an extension of your home correct?
Reasonable suspicion of what?
Shipping pistol to gunsmith and back question. I thought that you could ship a pistol to a gunsmith for work and it could be shipped directly back to you w/ going thru ffl (in state). Am I wrong??
