Georgia - pocket holster law?

Discussion in 'GA Laws and Politics' started by Lightsped, Sep 21, 2007.

  1. Lightsped

    Lightsped Guest

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    I was at a local Georgia gunstore today and the salesman there was telling me that even though I have my gun license, that it is illegal to carry a pistol in my pocket without a regular holster or pocket holster.

    Any truth to this?
     
  2. zookeper

    zookeper Active Member

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  3. ThetaReactor

    ThetaReactor Active Member

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    Maybe if you could convince them that your pocket is a holster. Put a few stitches in it so it follows the contours of the gun and let us know what the judge thinks. :D
     
  4. GAGunOwner

    GAGunOwner Active Member

    Get a pocket holster to carry your gun in, in your pocket.
     
  5. Gunstar1

    Gunstar1 Administrator

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    16-11-126(c)
    Either the gun has to have a clip that you clip onto your pocket like a knife, or you have to have it in a holster in your pocket.
     
  6. LonelyMachines

    LonelyMachines Guest

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    Though it's legal with a pocket holster, you're in Cobb county, and they like to interpret things a little differently.

    Apparently, there was an ordinance or law at some point that outlawed any carry "below the belt," ie. ankle or pocket. I heard this from one officer around 2002.

    I asked another officer last year, and his response was, "yeah it's illegal, and if I catch you, I'm arresting you."

    I've also had someone I know get one of his magazines confiscated because, during a traffic stop, he informed them he had a gun. They took it for the duration of the stop, and one of the officers noticed "Law Enforcement Only" on the magazine. They gave him back the gun and told him he was "lucky" they only confiscated the magazine.

    It took him two weeks to get it back.
     
  7. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Been there, argued that

    A friend and I both got cited for unlawful carrying in Cobb because the Cobb police didn't know the law and didn't realize what a "hipgrip or similar device" was, and didn't think a clip-on IWB holster was a legal "waist belt holster." It took a lawyer to personally meet the prosecutor from the Solicitor's office to straighten things out, to our satisfaction. Cobb people can be stubborn. I don't get it-- don't they have enough crimes to prosecute without having to make stuff up? How does it help them to clog their court system with bogus or even questionable charges?
     
  8. ICP_Juggalo

    ICP_Juggalo Professional Troll

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    Gunsmoker, this is an actual ordinance on the books in Cobb County?
     
  9. wsweeks2

    wsweeks2 New Member

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    Sounds like Cobb needs a friendly reminder of something called pre-emption. If not, the ensuing lawsuit will surely remind them.
     
  10. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Not Local / County law

    No, it was based on the officers' (and their supervisors') misunderstanding of the State statutes.
     
  11. GAGunOwner

    GAGunOwner Active Member

    Re: Been there, argued that

    How did the police find out you were carrying?
     
  12. zone

    zone Guest

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    I thought the gun clip thing was not recognized as a holster? They make one for the Glocks is that the one your talking about? I think it's the Jentra clip.
     
  13. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    "hipgrip or similar device"

    Did you ever see a real hip-grip, made by Barami (I think that's how it's spelled)? It's a set of replacement grips for your gun, and the right side grip panel has a large prong that sticks out a couple inches, allowing it to hook onto your belt or on the waistband of your trousers. That seems very similar to any other sort of hook on the rear right side of a gun, near the top of the grip, which allows the gun to be tucked into your pants without sliding down too far.

    I have carried a Kel-Tec P32 and a NAA mini-revolver with the clip mechanisms as a substitute for a holster. And I'm sure it was legal when I did it. Trouble is, not all police are so sure.
     
  14. wwomack

    wwomack New Member

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    From what I understand pocket carry was illegal at some point in the past but this changed (I think in the 90s) by the addition of the words ",any other holster" to 16-11-126(c).

    So, you're legal to carry anywhere on the body but it has to be in a holster or have a hipgrip-style clip on it.
     
  15. Gunstar1

    Gunstar1 Administrator

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    Re: "hipgrip or similar device"

    I agree with gunsmoker.

    Here is the Barami Hip-grip http://www.baramihipgrip.com/
     
  16. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    We can arrange for him to "catch" somebody. :D
     
  17. wsweeks2

    wsweeks2 New Member

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    Wasn't someone on here admitting to having worn an ankle holster with shorts? We could send them to mow someone's lawn on this guy's beat.
     
  18. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    That language was not added in the 1990s.

    Rather, here is what happened.

    Prior to 1996, most law enforcement understood that a person in Georgia with a license could carry concealed. How else could one carry, for instance, in a purse or briefcase or other closed container? But AG Mike Bowers had other ideas. He declared in an AG opinion that one may not carry concealed but must carry openly with a license.

    Governor Sonny Perdue, when he was a Senator, introduced SB 678, which added "in which event the weapon may be concealed by the person's clothing."

    The news media immediately went into a frenzy (See Cynthia Tucker, Concealed Weapons: Putting Police at Risk to Please Lobbyists, Atlanta J. & Const., Mar. 20, 1996, at A16)*, declaring that this bill would endanger law enforcement, which puzzled those of us in law enforcement at the time who always assumed one could carry concealed with a license anyway and did not feel all that particularly endangered by people with firearms licenses in any event.

    The bill also allowed a person with a license to carry a firearm anywhere in a vehicle.

    The bill also added reciprocity to the Georgia law.

    The bill also forces probate judges to issue licenses to active duty military residing but not domiciled in their county.

    The act also did something about background checks for purchases requested by the GBI (adding a one day delay to what was previously instant) that I think has now changed, so I will not detail it.

    According to Perdue, the NRA was heavily involved in pushing this bill and may have even initiated it.

    Anyway, in sum, the words you indicate were not added then.

    * And here we are 11 years later, without one single police officer having been endangered by this bill.
     
  19. GAGunOwner

    GAGunOwner Active Member

    :oops:
     
  20. shamalama

    shamalama New Member

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    Regardless of the law, I just think it's great idea to keep your car keys from tangling around the trigger, and anything else unforseen that could happen to an unguarded trigger.