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Discussion Starter · #1 ·
That open carry in GA is illegal. Then I found out he used to be a LEO. Then he referred to people who aren't LEO's and that carry guns as "civilians".

I referred him to our site here. He said he's been here many times and that no matter what I have heard here, that OC in GA is ILLEGAL. He also told me Muscogee Co. and Columbus police would stop me, disarm me, and arrest me for OC'ing. I was also told to contact the state AG's office to determine what the legality of OC is, but that it was pointless, as OC is ILLEGAL. No matter what I said, he had some other argument...then his buddy---the other know-it-all chimed in with the same responses, just a little more snobby about it. He even says that CCW in any place is ILLEGAL, because any area can be construed as a "public gathering".

So what is the truth?

I went looking for a decent holster to OC my 1911 or perhaps my SIG, now I am really turned off to the whole store.
 

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He is wrong. End of story.

A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides,

Ga. Code Ann., § 16-11-128
16-11-126 is the separate statute for concealed carry. Different laws different offenses. The various appellate level courts in the state have also found that two offenses exist. The GFL provides an exemption for both.

This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 (aka a GFL)

Ga. Code Ann., § 16-11-126
Offenses of carrying a concealed weapon and carrying a pistol without a license were separate even though the only weapon involved was a pistol. Asberry v. State, 1977, 142 Ga.App. 51, 234 S.E.2d 847.
I can understand being turned off (I would be too), but one should never
pass up an educational opportunity.

Print out some copies of 16-11-126 and 16-11-128 from the General Assembly Lexis system and politely give them to the guy.

As for the public gathering law 16-11-127
For the purpose of this Code section, "public gathering" shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part.

Ga. Code Ann., § 16-11-127
Possession of gun in restaurant did not violate statutory prohibition against carrying deadly weapon to "public gathering"; statute applied when people were gathered or would be gathered for particular function and not when weapon was carried lawfully to public place where people may gather. State v. Burns, 1991, 200 Ga.App. 16, 406 S.E.2d 547.
A person who has properly obtained a license to carry a pistol or revolver under O.C.G.A. § 16-11-129 may legally carry a pistol or revolver at a shopping mall without violating O.C.G.A. § 16-11-127, which prohibits the carriage of firearms to or while at a public gathering.

(This is my favorite part)

Criminal statutes are strictly construed against the state and liberally in favor of human liberty. Knight v. State, 243 Ga. 770, 257 S.E.2d 182 (1979); Gibson v. State, 38 Ga. 571 (1869). Moreover, when terms in a criminal statute are ambiguous, such terms are construed in a manner most favorable to the accused. United States v. Slater, 524 F.2d 987 (5th Cir. 1975).
1984 Ga. Op. Atty. Gen. 261
UNOFFICIAL Opinion No. U84-37
 

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Discussion Starter · #7 ·
Shooter's of Columbus.

Awhile back this guy tried to sell me a USED Kahr P9 for more than a NEW one ($750 :shock: USED vs. $550 NEW)

The worst thing is for the poor shop owner. He lost out on the sale of a Blackhawk CQC for the SIG and a Fobus C21 for my 1911. About a $75 sale down the drain due to his staff... :roll:
 

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I'd send a short letter to the owner detailing the reasons you will no longer be shopping at his store and that you will advise other gun owners to do the same. In it I would be sure to name the employees who cost him your business.
 

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Where do these people get this stuff? On the internet? :wink:

And I would let the store owner know why you won't be back. It will do one of two things - change his mindset, or he won't care.
 

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wsweeks2 said:
Where do these people get this stuff? On the internet? :wink:

And I would let the store owner know why you won't be back. It will do one of two things - change his mindset, or he won't care.
The employees obviously don't believe anything they read on the internet.

Here is OCGA at lexis http://w3.lexis.com/hottopics/gacode

And a copy of the various caselaws are availible as a part of this website http://www.georgiapacking.org/caselaw/
 

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Discussion Starter · #11 ·
Thanks all! I knew that too many of us are OC'ing and trying to set a GOOD example, that OC'ing cannot be illegal.

Speaking of the internet, they say that they got their info from this and other sites...now I understand the true nature of their ignorance. Not only were they ignorant, the were relaying false information.

Once again, thanks for clearing this up. Now I WILL be on the lookout for a decent holster to OC with. My wife wants to start walking and I would like to OC, for comfort and protection from dogs and two legged critters. :D
 
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RepeatDefender said:
Shooter's of Columbus.

Awhile back this guy tried to sell me a USED Kahr P9 for more than a NEW one ($750 :shock: USED vs. $550 NEW)

The worst thing is for the poor shop owner. He lost out on the sale of a Blackhawk CQC for the SIG and a Fobus C21 for my 1911. About a $75 sale down the drain due to his staff... :roll:
His loss - I feel he may have a few more lost sales once word gets out - I guess it is out.

Our local Sportman's Warehouse carries the BlackHawk CQC w/Serpa for $34.99 - It's a chain store - don't know if they have any in your neck of the woods - just an FYI.
 

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Discussion Starter · #18 ·
Thanks for all the words of wisdom guys!

The BH CQC was $49.99 and the Fobus was $24.99
Steep prices, that I would have been willing to pay before this occurence.
 

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RepeatDefender said:
He also told me Muscogee Co. and Columbus police would stop me, disarm me, and arrest me for OC'ing.
Well, Columbus has a law that bans any carry, openly or concealed. We have not yet confirmed whether they attempt to enforce it or whether it is an old law just left over on the books.

As for your "ex-LEO/gunstore commando" opinion on open carry, the only advice I have in such situations is to ask one question. "Really? What is the statute one would be violating?"

While he dissembles, you can rub it in by saying, "If you really used to be a police officer and thought for some weird reason this was illegal, you would at least know the code section."
 

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Malum Prohibitum said:
As for your "ex-LEO/gunstore commando" opinion on open carry, the only advice I have in such situations is to ask one question. "Really? What is the statute one would be violating?"
Shuts them down every time.
 
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