Georgia Firearm Forums - Georgia Packing banner
1 - 20 of 27 Posts

·
Registered
Joined
·
4,543 Posts
Discussion Starter · #1 ·
I know there has been discussion about the gap between the definition of a "handgun" and a "long gun", but I haven't seen a discussion on carrying a SBR with a barrel shorter than 12 inches. Technically, it's a rifle and is registered as one. I think, for most of us, "long gun" = "rifle" and the law states that:
(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.
So, at first glance, it seems that one could carry a SBR without a license. However, GA law says its a "handgun":

(16-11-125.1)
(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.
Notice it doesn't have the "designed to be fired from one hand" language in it. 16-11-125.1 goes on to define "weapon":

(5) "Weapon" means a knife or handgun.
Then 16-11-126 says:

(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.

(2) A person commits the offense of carrying a weapon without a license when he or she violates the provisions of paragraph (1) of this subsection.
So after looking at it a bit, it seems that you CAN'T carry a SBR without a license. (unless the barrel is longer than 12 inches). I can see how this would be confusing for others, who don't sit around debating this kind of thing.
 

·
Lawyer and Gun Activist
Joined
·
28,700 Posts
Ditto, it seems that a SBR is no longer a "rifle" when it comes to carrying one away from your home, your vehicle, your job, the target range, or the hunting fields.

This is similiar to the problem that SB 308 created for the carry of large knives, with blades over 5".

They are now defined as "weapons" and you need a GWL to carry them openly. And all the exceptions and exemptions in the law that would say you don't need a GWL in various circumstances all talk about "handguns" and "rifles". They don't mention "weapons" or "knives" so that means a GWL is more important for knife-toters than it is for pistol-packers!
 

·
Registered
Joined
·
2,598 Posts
Unless the world is ending, why would you want to walk around with an SBR? Don't get me wrong, I think you should have the right to do so, but...why would you *want* to? The only reason I could see would be if you are prohibited person from getting a GWL, in which case I applaud your ingenuity. :wink:
 

·
Registered
Joined
·
4,543 Posts
Discussion Starter · #4 ·
MrMorden said:
Unless the world is ending, why would you want to walk around with an SBR? Don't get me wrong, I think you should have the right to do so, but...why would you *want* to? The only reason I could see would be if you are prohibited person from getting a GWL, in which case I applaud your ingenuity. :wink:
I drive a really old truck (1967) and the doors don't lock on it. Sometimes (I try not to do it at all) I end up having to make an unscheduled stop and need to carry my "rifle" with me to keep it from being stolen. I have a GFL, but was wondering if this affected other people besides me.
 

·
Super Moderator
Joined
·
69,892 Posts
One solution is to get rid of the license requirement for openly carried weapons, like most of the nation, instead of Georgia being like New Jersey and only eleven other states that require a license to carry weapons openly.

Let's get rid of the Jim Crow law requiring a license for carrying openly.

http://www.georgiacarry.org/cms/wp-cont ... n-laws.pdf <---- Relevant reading starts on page 5. :wink:
 

·
Seasteading Aficionado
Joined
·
44,914 Posts
Malum Prohibitum said:
One solution is to get rid of the license requirement for openly carried weapons, like most of the nation, instead of Georgia being like New Jersey and only eleven other states that require a license to carry weapons openly.

Let's get rid of the Jim Crow law requiring a license for carrying openly.

http://www.georgiacarry.org/cms/wp-cont ... n-laws.pdf <---- Relevant reading starts on page 5. :wink:
:applause: :righton:

I agree. If one wants to carry a firearm, any firearm, SBR, Long rifle, shotgun, pistol, whatever in an openly and fully loaded manner, I see no reason that they should need a license for it. Of course, I wouldn't mind not needing it for concealed, either, and then having a license for state reciprocity only, and to cover the 1,000 ft federal rule on schools. Other than that, I believe the 2nd amendment does and should apply to the states, and that "shall not be infringed..... PERIOD" means exactly that. :D

I'm just not a big fan of our current government forcing us to pay a tax to carry any firearm in public in anyway that the citizen feels is best. I'm also not a big fan of the Draconian gun laws that our current make-believe state governments enforce on us National subjects, either.

Also to add, I'm just one of those crazy nutcases that believe in actually freedom and liberty, envisioned by our forefathers, and written into the Constitution, and I believe the Supreme Court and some of their justices has gotten this very very wrong.

"Shall not be infringed" should not, and cannot be construed to mean "We will allow some reasonable restrictions to." Only a batcrap crazy liberal government indoctrinated baboon could ever read the first quote, and come to a logical conclusion that it means the second quote.
 

·
Senior Mumbler
Joined
·
6,671 Posts
EJR914 said:
"Shall not be infringed" should not, and cannot be construed to mean "We will allow some reasonable restrictions to." Only a batcrap crazy liberal government indoctrinated baboon could ever read the first quote, and come to a logical conclusion that it means the second quote.
Or a government that doesn't care and wants to exercise control over it's citizens instead of it's citizens having control over that government.
 

·
Registered
Joined
·
181 Posts
I knew this would happen to the rifles but everyone supported 308 which I had a very much issue about any rifles you would need a GWL for them so people that supported 308 on this board should have read the fine print on the SBR's.Before you could carry a SBR openly without a GFL but need the tax stamp that's all. I'm ready to get the GWL gone and let's be like AZ best state ever to carry. Edit this IPhone is acting crazy sorry with spell check sorry
 

·
Under Scrutiny
Joined
·
19,386 Posts
gunsmoke50 said:
everyone supported 308 which I Vaginahad the issue about
:? :lol:
 

·
Under Scrutiny
Joined
·
19,386 Posts
drtybykr said:
WTF? You saw that too :lol:
I've been looking at it for several minutes. Still not sure what to make of it. :shattered:
 

·
Registered
Joined
·
15,984 Posts
Yeah, SB308 messed up the carrying of SBRs and the carrying of loaded concealed long-guns unless I'm missing something. :?
 

·
I watch the watchers
Joined
·
12,886 Posts
mountainpass said:
gunsmoke50 said:
everyone supported 308 which I Vaginahad the issue about
:? :lol:
Kinda makes you happy we don't have custom karma titles, doesn't it? :lol: :lol:
 

·
Registered
Joined
·
181 Posts
Sorry about that didn't proof read this IPhone has been acting up on me when I seen that word o no so pls don't ban me lol, my computer crashed on me so only thing I have to the net is these crazy thing.
 

·
Registered
Joined
·
1,153 Posts
Yeah, man, the iPhone autocorrect can give you some crazy results sometimes, lol.

Anyway...I just noticed this...

provided, however, that the term "handgun" shall not include a gun which discharges a single shot of .46 centimeters or less in diameter.
Wait...wait? So a single shot .45 pistol is not a handgun and is unregulated as far as carrying it goes?
 

·
Registered
Joined
·
8,949 Posts
dunkel said:
Yeah, man, the iPhone autocorrect can give you some crazy results sometimes, lol.

Anyway...I just noticed this...

provided, however, that the term "handgun" shall not include a gun which discharges a single shot of .46 centimeters or less in diameter.
Wait...wait? So a single shot .45 pistol is not a handgun and is unregulated as far as carrying it goes?
.45 cm or .45 in?
Can't speak to a .17 HMR...
 

·
Registered
Joined
·
1,153 Posts
45_Fan said:
dunkel said:
Yeah, man, the iPhone autocorrect can give you some crazy results sometimes, lol.

Anyway...I just noticed this...

provided, however, that the term "handgun" shall not include a gun which discharges a single shot of .46 centimeters or less in diameter.
Wait...wait? So a single shot .45 pistol is not a handgun and is unregulated as far as carrying it goes?
.45 cm or .45 in?
Can't speak to a .17 HMR...
Ooops, you're right. I don't math good. Yeah, that would be a .17 pistol...
 

·
Registered
Joined
·
181 Posts
Well SBR's I thought before was like any other rifle am I right or wrong but only issue was that you must have a tax stamp pre bill 308. But now you need a GWL for it crazy. I keep a load AR concealed in my backset of my truck just a backup need but it's not SBR and if I pull the Ar out of the vehicle loaded without a GWL on a public highway for say a defense uses its legal but you pull out a SBR now without GWL you go to jail that's messed up and it's the same gun but shorten barrel.
 

·
Registered
Joined
·
4,864 Posts
dunkel said:
45_Fan said:
dunkel said:
Yeah, man, the iPhone autocorrect can give you some crazy results sometimes, lol.

Anyway...I just noticed this...

provided, however, that the term "handgun" shall not include a gun which discharges a single shot of .46 centimeters or less in diameter.
Wait...wait? So a single shot .45 pistol is not a handgun and is unregulated as far as carrying it goes?
.45 cm or .45 in?
Can't speak to a .17 HMR...
Ooops, you're right. I don't math good. Yeah, that would be a .17 pistol...
Single shot means one projectile the way I read it. The only pistol i know of that doesn't discharge a single "shot" is a Taurus Judge. And that because it can fire .410 shells.
So a Semi-Auto .17 Pistol would be legal to carry without a License IMHO.
http://www.taurususa.com/product-details.cfm?id=57&category=Revolver&toggle=tr&breadcrumbseries=FH2
 

·
Registered
Joined
·
3,597 Posts
Malum Prohibitum said:
One solution is to get rid of the license requirement for openly carried weapons, like most of the nation, instead of Georgia being like New Jersey and only eleven other states that require a license to carry weapons openly...
Talked to my State Rep about that very subject this morning.
 
1 - 20 of 27 Posts
Top