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Just a Man
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Man brought AR-15 rifle to mall during Thanksgiving weekend, police say
https://www.wsbtv.com/news/local/co...ing-thanksgiving-weekend-police-say/879367563

Not a lot of detail in this article about specifics...........was it truly a rifle, was it loaded, was it a AR15 pistol in the backpack. They say 23 yo did not possess a GWCL. An AR15 rifle isn't considered a "Long gun" or a weapon in the O.C.G.A.
Weems is charged with carrying a weapon without a valid license.


Title 16 - CRIMES AND OFFENSES
Chapter 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY
Article 4 - DANGEROUS INSTRUMENTALITIES AND PRACTICES
Part 3 - CARRYING AND POSSESSION OF FIREARMS
The code sections are all Copyright © 2017 by The State of Georgia

O.C.G.A.§ 16-11-125.1
Definitions
As used in this part, the term:

(1) "Handgun" means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an explosive where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term "handgun" shall not include a gun which discharges a single shot of .46 centimeters or less in diameter.

(2) "Knife" means a cutting instrument designed for the purpose of offense and defense consisting of a blade that is greater than 12 inches in length which is fastened to a handle.

(3) "License holder" means a person who holds a valid weapons carry license.

(4) "Long gun" means a firearm with a barrel length of at least 18 inches and overall length of at least 26 inches designed or made and intended to be fired from the shoulder and designed or made to use the energy of the explosive in a fixed:
Guy was carrying the supposed AR15 rifle in a backpack draped across his chest and a portion of the barrel was sticking out the top of the backpack which is why it got noticed.

Title 16 - CRIMES AND OFFENSES
Chapter 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY
Article 4 - DANGEROUS INSTRUMENTALITIES AND PRACTICES
Part 3 - CARRYING AND POSSESSION OF FIREARMS
The code sections are all Copyright © 2017 by The State of Georgia

O.C.G.A.§ 16-11-126
Having or carrying handguns, long guns, or other weapons; license requirement; exceptions for homes, motor vehicles, private property, and other locations and conditions

(a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license.

(b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun without a valid weapons carry license, provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner.

(c) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun provided that it is enclosed in a case and unloaded.
 

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Man of Myth and Legend
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Hey, the guy should be drawn and quartered. He had a gun and the mall had a no guns sign. Besides he scared people.

Nemo
 

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Moderator
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It might be an AR15 pistol with a barrel length shorter than 12 inches, which would require a license to carry.
 

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Lawyer and Gun Activist
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yeah, I heard a "teaser" about this story on WSB news radio 95.5 fm yesterday.

But I wasn't listening to the radio later to catch the full story.
 

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American
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What are you guys discussing? He was arrested! According to the media the next step is his punishment. Done.
 

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I haven't been around much lately so I apologize if I'm missing sarcasm there. Why was he arrested?

O.C.G.A.§ 16-11-126
(a) - not his home, vehicle or place of business
(b) - it reportedly wasn't open and fully exposed but it wasn't loaded either
(c) - poor legal definition aside regarding an AR, was it a long gun or handgun?

Sine Nomen carried an AK at Occupy Atlanta without being arrested so I'm curious what is different about this event.
 

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Assuming it is a rifle, and not a handgun or an unregulated 16 inch barreled AR (ahem), then was the backpack a "case?"

(c) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun provided that it is enclosed in a case and unloaded.
A container designed to hold or protect something. It would be difficult to argue a backpack is not designed to hold something. The legislature could have said a "gun case" or that it be "fully enclosed," but did not.

Perhaps he has a smart lawyer who is examining all of the potential arguments. If he is going to raise the definition from 16-11-125.1, however, he better be a good lawyer. I would hate to have some bad case law on that issue.
 

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http://www.georgiacarry.org/cms/ga-code-detail/?title=16&chapter=11&section=125.1

Firearms with barrel lengths of between 12 and 18 inches can be carried without violating anything pertaining to a "handgun," "weapon," or "long arm" in 16-11-126, or, for that matter, anything in Part 3 of Article 4 of Chapter 11 of Title 16 (unless the Code has its own definition, e.g., 16-11-127.1, 16-11-131) . . .
 
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It really looks like he was charged without anybody questioning whether the charge was even appropriate.
 

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American
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It really looks like he was charged without anybody questioning whether the charge was even appropriate.
Citing the Statute he was charged with would be nice in a police press release instead of "Possessing or Carrying a Handgun or Long Gun-First Offense." which I presume is referring to
16-11-126. Sadly its the knee-jerk "he has a GUN!" response we have come to expect. In Cobb Co's favor they didn't shoot him. Seriously, how many stories in the past week have we seen of police shooting citizens simply because they had a gun?
 

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Citing the Statute he was charged with would be nice in a police press release instead of "Possessing or Carrying a Handgun or Long Gun-First Offense." which I presume is referring to
16-11-126.
He was charged under OCGA16-11-126(h)(1).
No person shall carry a weapon without a valid weapons carry license unless he or she meets one of the exceptions to having such license as provided in subsections (a) through (g) of this Code section.
Which leads me to believe he was carrying an unloaded AR15 type pistol in a case but it wasn't fully enclosed - since someone apparently saw it - so he doesn't get the (c) exception.

https://mugshots.com/US-Counties/Georgia/Cobb-County-GA/Lecarl-Monte-Weems-Jr.172844260.html

Let's face it. 99.9% of the people out there don't have any idea that an AR15 "pistol" even exists. Guy needs a bigger case.
 

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moe, thanks for finding that, and I am tempted to make the same assumptions as you (in fact, I did, above, in post #3), but there is also a better than fair chance that the weapon really is a 16 inch AR and they charged him out of ignorance of the law.

Can a 16 inch AR fit in a backpack under a sweatshirt with the barrel poking out? :-k

We'll probably never know anything more about the facts of this case. :neutral:
 

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Also, if it is a pistol, remember, the barrel must be less than a foot long to be considered a "handgun" and thus a "weapon" under Georgia law. All of the popular models appear to fit that definition.

Then it does not matter whether it was "concealed," since Georgia is one of the fifteen states that requires a license to carry a pistol not concealed.
https://opencarry.org/maps/map-open-carry-of-a-properly-holstered-loaded-handgun/
 

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We'll probably never know anything more about the facts of this case. :neutral:
It would be nice to see the actual weapon involved. That would answer a lot of questions.
 

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Lawyer and Gun Activist
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When it comes to proving the length of the weapon's barrel ( or the length of a knife blade), in court, remember that lawyers are not qualified to use rulers.
Neither are jurors.
Only police officers are qualified to use a ruler as a lay witness.

However, The attorneys for either side can bring in scientists to use rulers as expert witnesses. The government will have somebody from the GBI crime lab to use a ruler and that will be admitted as scientific evidence.
However, if you for the defense wish to have your own expert with a ruler testify, that person had better have credentials as an expert in precision measuring. A scientist, maybe a machinist, a gunsmith perhaps. A tool & die maker...
 
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