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Can I pack CC while driving, or can only my car?

12215 Views 96 Replies 18 Participants Last post by  Malum Prohibitum
I've read other gun boards about Ohio, etc, which have strange cc laws which change when one enters his vehicle. I've read the GA laws a dozen times just to be safe, but with such emphasis on "the glove box or console" in several posts, and that one poor fella who got stopped at a roadblock, I just want to make sure.

I carry concealed in a bellyband and don't bother to place gun on seat or in console or in glovebox when I enter my vehicle and begin driving. Am I allowed to keep the iron where it is while driving?

I just started packing recently, so I'm new to the game and still learning the ropes....

By the way, I'm new here--glad to meet ya.
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Do you have a license? If so, leave it in the belly band.
Then you are good to go, my friend, and there is no need to "duct tape the firearm to your forehead," as Gunsmoker is wont to say.
There is no requirement in the law to disclose (or take drunk tests on the side of the road, although your failure to do so will almost certainly land you in handcuffs, although the breathalyzer at the station should clear matters up).
Re:

jmorin said:
IF my piece is in the glove compartment with my insurance card, I make sure to pull out my insurance before the LEO steps up to the car. You could startle the LEO if you pop open your glove compartment and he sees your gun.
No need to show an insurance card in Georgia anymore. No need to show registration, either. Just your driver's license will do.
I doubt he asked for registration. What would you give him, after all? Do you really have "registration" in your glovebox?

You need to drive faster or something, as you obviously do not get pulled over enough. The insurance card requirement has changed since 2000, which is why it was not asked in 2004. The only thing you need to show is your driver's license. Sometimes they do ask for insurance anyway, just like sometimes they ask for all kinds of things that you are not obligated to answer or with which you are bound to comply.

May I take a look around?

Where are you going?

Do you know why I pulled you over?

Any guns, knives, bombs, or other things in the car you could use to hurt me?
I had a headlight out one evening, so I drove to the auto parts store and purchased a headlight. It was getting dark, so rather than try to change it in the parking lot, I drove home to do it. I was stopped by a police officer on the way. He asked for my insurance card. I asked him if he was aware of the fact that drivers no longer needed to carry proof of insurance. He gave me a sheepish grin and said that he always asked for it anyway in case the records on the driver's license were incorrect. I told him to let me know if that was the case after he ran the driver's license.

He let me go with a verbal warning on the light.

Must have been a slow night.

As is my habit, I did not disclose that I was carrying.
That was years ago. More recently, I was stopped for speeding. I was doing the flow of traffic, but this was way, way over the speed limit.

I had too many guns visible in the car and no time to hide them without making the officer nervous that I was groping around in the car, so I had out my driver's license and firearms license (which is not my usual habit). The officer did not take my firearms license, and when I told him why I had it out (explaining there is a weapon here, there is another one over there . . .) he just laughed and said "Well, don't reach for them, I'll be back in a minute."

He let me off with a warning, for which I was grateful and, since I had alrady broken my usual rule of absolute silence during traffic stops, and since he had already handed back my license and told me I was free to go, I asked him where he was when he got me (I had not seen him). He laughed again and said he pulled into a crowd of cars doing less than the speed limit when all of a sudden everybody began speeding up and leaving him behind. He said he felt like he had to pull over somebody and he managed to get a pace on me.

I recalled that traffic had stacked up and that when it cleared everybody on the crowded interstate had immediately accelerated to 15-20 over.

Oops.
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Yes, Georgia. Why not?
If the speed limit was lower than 50, then he would just write you for 50.

I once wrote a guy for 95 under similar circumstances.

I was driving over the Interstate overpass south of the town where I worked at 3-4 a.m. when I saw tailights go blazing by. I floored the gas pedal and turned onto the onramp and just left my foot on the floor for the 5 miles or so back to my jurisdiction. I still could not catch up.

I topped my vehicle out (127 or so) for several miles but I was barely able to keep the tailights in sight.

We went into my jurisdiction and were about to exit it when I had a stroke of luck (and the driver had misfortune).

One of the very few cars on the road changed lanes in front of him. I saw the brake lights come on, and I knew I had him. I did not hit my brakes or back off the gas until I was almost on top of him. I could now see that it was a minivan. I was in the far left lane, and the driver switched lanes in front of me and floored the gas.

When I looked at my speedometer, it was at 90 (this was after hitting the brakes). As the minivan accelerated, so did I. By the time I hit 95 mph, however, we were swiftly approaching my jurisdictional limit, so I leveled off at 95, watched the minivan increase the distance between us, and flipped on the blue lights.

I wrote the ticket.

The man shows up in court and defends on the theory that "My car won't go that fast." My presentation was something like what I wrote above. He was doing at least 95.

I actually felt sorry for him when the judge gave him 90 days in jail and a $1000 fine.

That particular municipal court judge really did not like people perjuring themselves.
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Gunstar1 said:
My sister got a ticket that way. She passed a cop who was doing the limit.
Big deal. No points on the license until you hit 15 over, I think.
jrm said:
This was a municipal court hearing on an traffic ticket. The judge had no business sentencing someone for a crime that had not been charged, let alone for which no conviction had been obtained.
Well, then there was that lady who demanded a trial by jury for her speeding ticket and was sentenced to 12 months in jail and a $1000 fine.

The court of appeals said that was ok, because that is a punishment that is allowed by the law.

After all, we cannot just have everybody demanding their constitutional rights, can we?
Sharky said:
Nice! At least the cop was honest!
:righton:
jrm said:
This was a municipal court hearing on an traffic ticket. The judge had no business sentencing someone for a crime that had not been charged, let alone for which no conviction had been obtained.
Even so, during sentencing, the trial court stated that "it is incredible for anyone to get up on the stand and say that you have never sped." The trial court then sentenced Hamilton to serve two days in jail because the court believed that Hamilton lied during her testimony as to prior speeding. The trial court also sentenced Hamilton to 12 months on probation, a $1,000 fine plus court costs, and 80 hours of community service.

Hamilton v. State, 233 Ga. App. 463, 504 S.E.2d 236 (1998) (emphasis in original).

And at footnote 5

We note, however, that the trial court's statements during sentencing indicate that Hamilton's sentence possibly was influenced also by Hamilton's demand for a jury trial. The trial court admonished Hamilton that "[c]ollectively literally thousands of dollars have been spent, in attorney time, police officer time, in the Court's time, delaying other matters that had ... been previously scheduled, so that you could have your day in court, that there is a cost to all of that. You understand what I'm saying?" The trial court also lamented the cost of a jury trial during the hearing on Hamilton's motion for reconsideration.

On motion to reconsider the jail sentence:

Counsel made an oral motion to the court to reconsider the jail sentence. According to the transcript of the hearing, the trial court repeatedly reiterated that Hamilton was sentenced to jail because she lied to the jury as to prior speeding. After the trial court denied the motion, counsel requested that the court set an appeal bond. Although Hamilton owned a home, was employed, had family in the area, and stood convicted of a misdemeanor, the trial court set a bond of $10,000.

The court reversed based on the speeder not knowingly waiving her right to counsel. The court also commented:

For example, there is no indication in the record that Hamilton was apprised of the real possibility of a jail sentence, even though she never before had been charged with speeding and no other aggravating circumstances were present; it is unlikely that one would anticipate a jail sentence following a conviction based on a first offense for speeding 17 miles over the speed limit, even though such sentence is statutorily authorized.

No comment on lying to the court and jail time.
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jrm said:
. . . I don't get how a court can impose community service as a sentence. Doesn't that violate the 13th Amendment?
Nope. Breaking big rocks into little ones is fine, too.

Pertinent provision of the Thirteenth Amendment follows:

"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted . . ."

I think caning is ok, too.
What was this thread about again?

Oh, yeah.

If you have a license, you can carry concealed in your car.

:D
Speeding.
Anybody see the AJC article on the college kids that drove side by side on 285 at 55 mph for five minutes and videotaped it?

I think the tape is available online.

They have been on national TV shows and were interviewed by Neal Boortz.

Apparently, 285 was empty as they approached, and the people behind them were very upset. Some state trooper was commenting that their behavior was perfectly legal. If that is true, then we need a law that says to keep out of the left lane if not passing.
And the 5 minute video:

:righton:
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