Carry in the Hand?

Discussion in 'GA Laws and Politics' started by Malum Prohibitum, Apr 13, 2007.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Is carrying a pistol openly in the hand a crime in Georgia?

    :?:

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

    Malum Prohibitum Moderator Staff Member

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    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
     

  3. NetAdminWithGun

    NetAdminWithGun New Member

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    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.
     
  4. S&W 40

    S&W 40 Active Member

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    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?
     
  5. mzmtg

    mzmtg Active Member

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  6. Doc Holliday

    Doc Holliday New Member

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    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.
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    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.
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    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.


    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
     
  9. S&W 40

    S&W 40 Active Member

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    Another just like the public gathering :roll:
     
  10. NetAdminWithGun

    NetAdminWithGun New Member

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    If you can find some one to defend me in court i'll find out for you.
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    :jail:

    :rotfl:
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    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:
     
  13. NetAdminWithGun

    NetAdminWithGun New Member

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    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.
     
  14. ptsmith24

    ptsmith24 New Member

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    Maybe you should try it with the pansy at walmart.
     
  15. NetAdminWithGun

    NetAdminWithGun New Member

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    oh yea, that would be great.

    "Hey i need ammo for THIS" (holding gun in front of me)

    He would freakin cry like there is no tommarow.
     
  16. jrm

    jrm Sledgehammer

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    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).
     
  17. GeorgiaGlocker

    GeorgiaGlocker Romans 1:16

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    My very first thought was brandishing. But that was wrong. :?
     
  18. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    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.
     
  19. ICP_Juggalo

    ICP_Juggalo Professional Troll

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    I say it's totally legal because there is no law prohibiting such an action