Georgia Firearm Forums - Georgia Packing banner

1 - 20 of 84 Posts

·
Moderator
Joined
·
68,974 Posts
Discussion Starter · #1 ·
Is carrying a pistol openly in the hand a crime in Georgia?

:?:

This is a serious question, so give it some consideration before responding.
 

·
Moderator
Joined
·
68,974 Posts
Discussion Starter · #2 ·
http://www.georgiapacking.org/GaCode/?t ... ection=126

". . . 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. Carrying on the person in a concealed manner other than as provided in this subsection shall not be permitted and shall be a violation of this Code section."

Note that this is not the open carry Code section.

So, with what would one be charged when caught in manual possession of a pistol, while in possession of a Georgia Firearms License?

:D
 

·
Registered
Joined
·
401 Posts
I am going to say that it may be legal, but would be extremely stupid and could only end badly.

Same with running around with a sword, or covered in chicken blood and a sword. Or with blood, a sword, and cape. Or hell while riding a camel.
 

·
Registered
Joined
·
2,205 Posts
I have thought about this before and my conclusion is that it was to keep someone from walking the streat with thier firearm in hand, I have it at the ready. I see it as not in the hand not of as much concern/threat for the public (anti). Kind of back to the questions that have been asked about brandishing and GA law.

Also the punks that like to just stick it in the waist band :screwy:

How does this affect the grip clip for IWB?
 

·
Registered
Joined
·
3,119 Posts
§ 16-11-102. Pointing or aiming gun or pistol at another

A person is guilty of a misdemeanor when he intentionally and without legal justification points or aims a gun or pistol at another, whether the gun or pistol is loaded or unloaded.
 

·
Registered
Joined
·
633 Posts
mzmtg said:
§ 16-11-102. Pointing or aiming gun or pistol at another

A person is guilty of a misdemeanor when he intentionally and without legal justification points or aims a gun or pistol at another, whether the gun or pistol is loaded or unloaded.
I agree with you. I think that you would be charged under 16-11-102 which is Georgia's "brandishing" (I know MP, brandinshing doesn't technically exist in Georgia. 8) )law.
 

·
Moderator
Joined
·
68,974 Posts
Discussion Starter · #7 ·
Nope. Not pointing. Just holding. Manual possession. You know, like when you are going to inspect one to buy it.

Or just walking around with it.
 

·
Moderator
Joined
·
68,974 Posts
Discussion Starter · #8 ·
S&W 40 said:
I have thought about this before and my conclusion is that it was to keep someone from walking the street with their firearm in hand . . .
What is "this" and "it?" If you mean the statutory language I quoted above, this language only appears to apply to concealed carry, or do you read it differently?

I am just throwing out food for thought here.

S&W 40 said:
How does this affect the grip clip for IWB?
That is a "hip grip, or any other similar device." Legal for concealed carry.

I am asking about in the hand, openly carried (not displayed or pointed).

Thoughts? :D
 

·
Registered
Joined
·
2,205 Posts
Another just like the public gathering :roll:
 

·
Moderator
Joined
·
68,974 Posts
Discussion Starter · #12 ·
S&W 40 said:
Another just like the public gathering :roll:
I am not sure it is so unclear. Although I never noticed it until recently, there appears to be no criminal prohibition against open carry in the hand, assuming you have a license.

:ianal:
 

·
Registered
Joined
·
401 Posts
I can just picture me testing this one out for you.

"Morning officer"
"DROP YOUR F**CKIN GUN NOW!!!!"

*BANG * BANG * BANG * (Thankfully i'm ok cause cops can't shoot)

and then at the murder trial i would have to explain that i was just testing this for some guy on a forum, and that it was self defense.

Should make for an intertaining story on the forum.
 

·
Sledgehammer
Joined
·
4,780 Posts
Malum Prohibitum said:
[quote="S&W 40":2nzorxbm]Another just like the public gathering :roll:
I am not sure it is so unclear. Although I never noticed it until recently, there appears to be no criminal prohibition against open carry in the hand, assuming you have a license.

:ianal:[/quote:2nzorxbm]

I agree (though I am not saying with which of the above it is that I agree).
 

·
Romans 10:13
Joined
·
4,638 Posts
My very first thought was brandishing. But that was wrong. :?
 

·
Moderator
Joined
·
68,974 Posts
Discussion Starter · #19 ·
Well, this may fall under the category of "its just gotta be illegal somehow." I will consider it more carefully and wait to hear from others here as well.

I remember an appellate court case in Louisiana specifically declaring that the police had no probable cause to arrest when the arrestee was holding a pistol openly in his hand.

I am sure Louisiana is not the only state like that.
 

·
Professional Troll
Joined
·
2,152 Posts
I say it's totally legal because there is no law prohibiting such an action
 
1 - 20 of 84 Posts
Top