OC In Downtown ATL/Fulton County

Discussion in 'GA Laws and Politics' started by Infinity, Oct 21, 2007.

  1. Infinity

    Infinity Guest

    9
    0
    0
    Hey guys,


    newbie here on the board, but i've been reading your material from quite some time since I relocated to GA about 6 months ago.

    Applying for my GFL tomorrow, and have been discussing this with a close friend who has lived in Atlanta a significant amount of time and does a lot of work with the police. He INSISTS that it is not llegal for a bearer of a GFL to open carry anywhere in Atlanta or even Georgia except Kennessaw.

    From my personal interpretation and understanding of the law, it is quite legal to bear a holstered firearm on your hip or anywhere between the waist and the shoulders on your body as long as you are carrying your valid GFL. I have seen many here talk about open carrying, but I have not seen any conversation specific to OC in downtown Atlanta where I work or in any part of fulton county for that matter.

    Friend says I can even ask the DA for Fulton county, and that I would have to have a less limited license like one a Private investigator might obtain from the Department of State.

    Please give me some input????


    Thanks...
     
  2. gsusnake

    gsusnake Token Liberal Hippie

    13,680
    67
    48
    Ask your friend to cite you a statute that specifically bans open carry.

    He won't be able to, as there isn't one.
     

  3. budder

    budder Moderator Staff Member

    It's absolutely legal. I don't think downtown Atlanta is the "best" place to OC, as far as avoiding stops goes, but it's no less legal than if you were to do it in your yard.
     
  4. N.T.F.S.

    N.T.F.S. Active Member

    1,457
    3
    38
    You can actually carry anywhere on your body, its not just limited to between the hip and shoulder
     
  5. Infinity

    Infinity Guest

    9
    0
    0
    Good news gentlemen...Although I do find myself wondering as I listen to the calls on Atlanta's Tac channel, what I would do, if someone pulled up in an SUV jumped out with a .45, pointed it at me, and told me to give them all of my money...

    The guy just threw his wallet at the guy and ran away.. and they drove off. This was last night. As much i'd hate to just fork over my wallet like that, it's probably a lot easier than pulling out a firearm and getting shot in the process...


     
  6. budder

    budder Moderator Staff Member

    I'd hate to give up my wallet, too. I'd hate getting shot even more. I don't carry enough in my wallet to make the hospital bills, time off work, and GETTING SHOT worth it.
     
  7. Infinity

    Infinity Guest

    9
    0
    0
    I thought that as well, but I didn't want to make my argument sound that much more illegitimate by bringing up another contradiction. Somewhere I seen some law about carrying on an ankle, but I don't recall where. I don't remember seeing anything in the state code about location restrictions as far as on the body .

     
  8. jason1

    jason1 New Member

    260
    0
    0


    Just put it this way I can have a firearm anywhere I want to on my body and be legal as long as I have my GFL on my body too.I can carry it in the
    crack of my butt or under my pants strapped to my knee .It has been that way from 1996 to now.So go OC all you want or CC when you get your GFL,

    But do stay out of Public Gatherings or you will find some hard cold bars thats waits for you.
     
  9. Infinity

    Infinity Guest

    9
    0
    0
    The only thing I was able to find in Municode for Atlanta was in Division 3:personal Conduct

    Sec. 22-110. Firearms.
    No person shall carry or transport firearms; gas-, air- or spring-activated guns; explosives; inflammable material; or dangerous weapons, except when such firearms, guns or weapons are properly encased for trans-shipment. This section shall not apply to peace officers and other persons who are authorized by federal, state or municipal laws to be armed.
    (Code 1977, § 12-3029)



    I don't think this applies to citizens possessing a GFL as this would be authorized by "state" law.
     
  10. ptsmith24

    ptsmith24 New Member

    8,809
    0
    0
    Except Kennesaw? That's interesting... They had that park ban, but that isn't there anymore. Nothing about OC, AFAIK.

    Yea, that "authorized" part can be tricky. Actually, thanks for pointing that out. Local law is pre-empted by state law, so that code section should be repealed. Sick 'em, GCO!
     
  11. ThetaReactor

    ThetaReactor Active Member

    1,733
    21
    38
    No inflammable materials either. Go naked.

     
  12. budder

    budder Moderator Staff Member

    You need a holster for those places unless you can somehow equip a hipgrip or similar device :shock:
     
  13. Adam5

    Adam5 Atlanta Overwatch

    13,609
    155
    63
    Bingo
     
  14. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    67,050
    1,427
    113


    Well, we would not want to question the authority of somebody who has lived in Atlanta for a long time and "does a lot of work with the police." :D

    If YOU are interested in questioning him, though, I suggest you scroll up to the top of the page and click on the yellow tab "Gun Laws," which has all of the statutes and case law available to you. Then you do not have to take our word for it, or his either.
     
  15. moga

    moga New Member

    5,194
    0
    0
    Did your friend say its not ILLEGAL to OC in the city or that it is not LEGAL? Since you misspelled that word, I'm not sure of the true nature of your question.

    Your probably gonna cause quite a stir if you OC in downtown ATL. Even if it is legal with GFL, it doesn't mean that the public won't panic and call the police in hysterics. It also doesn't guarantee that the police response won't be hostile and aggressive, in spite of your license.

    One other thing: if you work downtown, do you want your work to possibly hear that you were involved in a specticle involving a gun, even if you were completely within your rights? That may have a dramatic change on the interpersonal dynamics at your work. I don't know what you do, but you may not want to deal with the stigma in the aftermath, cause it could be detrimental to your career. Just something to consider, YMMV.
     
  16. Infinity

    Infinity Guest

    9
    0
    0
    First, all, thanks for the responses. I feel privileged to have civilized, knowledgeable, and competent people to converse with here.

    I meant to say, that he says, that is IS NOT LEGAL, or ILLEGAL to OC in Atlanta. Although most of what he has said I have personally proved wrong by reading the laws myself, I wanted to be sure about downtown Atlanta. I wanted to get the laws straight. I believe in studying laws and knowing them to the fullest extent as the best method in avoiding breaking them. I don't plan on Open carrying everyday, frequently in downtown, but I would like to know that I can or can not.

    There's always a few officers from Zone 5 standing around over there, so next time I see one, I will ask them and see what type of response this invokes: of course not while carrying a gun. I probably would have issues with my work, because it's a very secure place. Firearms are restricted there, I believe, but no formal announcements have ever been made. It's so secure you need different badges to pass into different areas/ sections of the building, and there is security staff patrolling 24 hours a day. This raises the question of whether I really want to leave my gun in the glove box whilst the car is parked in the parking garage, since it's probably not a good idea bringing it inside with me...something to think about anyways..


    Anyway thanks for all of the input so far, you gentlemen have been most helpful to at least one part in my painful relocation process to Georgia.



     
  17. Adam5

    Adam5 Atlanta Overwatch

    13,609
    155
    63
    Playing a little devil's advocate here, but this is far from my experience with OC. While not downtown ATL, I have open carried around Ponce and Virginia Highlands without these issues. 98% of people who don't carry probably never see your gun, even if OC.

    There are still several negative assupmtions being made here.

    On some boards people say on a regular basis, that if you OC you will be the first target to taken out in a robbery, A BG will walk up behind you and take your gun without you knowing it, on a regular basis people will call the police on you to report a man with a gun, an officer walking down the street will throw you face down on the sidewalk and disarm you, and th elist goes on and on and on. People who have never OC'd assume these things will happen, but with no OC experience really don't know. Myself and several others on ths boards OC on a fairly regular basis, with very few issues. Some who are anti OC, blow the whole thing out of porportion.

    Infinity, if you want to OC in downtown (with your GFL, of course) go ahead and do it. If worked there, I probably would myself. Just know the aresa that are off limits, and watch them closely. I don't know you or how you dress for work, but OC tends to work better when dressed nicely and ncarrying yourself well, more than dressed and acting like a gangbanger.
     
  18. ptsmith24

    ptsmith24 New Member

    8,809
    0
    0
    Where are you coming from, Infinity? Surely it's from a place with better gun laws!
     
  19. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    67,050
    1,427
    113
    How does one go about openly carrying in downtown Atlanta without being within a reasonable distance immediately adjacent to any designated stop along a route traveled by any coach or rail vehicle operated by a transportation company or governmental entity operating aircraft, bus, or rail vehicle transportation facility? (Marta!)

    See O.C.G.A. 16-11-122(10) (definition of terminal) and 16-12-127 (felony charge for introducing a firearm into a terminal while having firearm on or about his person).

    A person violating the provisions of this Code section shall be guilty of a felony and shall, upon conviction, be sentenced to imprisonment for not less than one year nor more than 20 years, a fine not to exceed $15,000.00, or both. A prosecution under this Code section shall not be barred by the imposition of a civil penalty imposed by any governmental entity.
     
  20. moga

    moga New Member

    5,194
    0
    0
    Adam5, I don't believe you are rebuking me personally as someone who has allowed anti-OC opinions to color my impression of the public's reaction to OC or as a person who doesn't do it and so can't intimately guage what would happen if a person carried in downtown ATL. Let me begin by establishing that I really am not anti-anything when it comes to lawful ownership and use of firearms. I'm certainly not making assumptions that are typical of the debates between the anti/pro open carry crowds. I am simply speaking as a person who lives very close to and works in downtown, interacts frequently with the people there, and regulary observes the jumpy reaction of sheepish people to things far less concerning (to them) than a person with a gun.

    Remember, we're talking about very liberal, city people here. According to them, the only people other than cops and soldiers that carry guns are criminals. The fact is that these people's impressions of people that own guns is not very healthy. Their attitudes of people that carry guns daily is even dimmer.

    Many people OC at GPDO, true. But they don't do it in downtown Atlanta. There's a big difference there. And while I'm not sure exactly where you OC'd in V-H I can assure you if you were seen open carrying on a visible and populated area of Virginia Ave, Highland Ave, or Poncy/Highland that someone would panic. I frequently hear it on the APD Zone 6 frequency. The cops respond quite aggressively because of the high foot traffic due to the retail shopping and eateries concentrated there, and it's not very likely that they're accustomed to bumping into GFL holders as the source of a signal 54/69 call. It's a victim rich area for BG to hold up oblivious young urbanites and mostly what APD finds are folks with guns in that community from other areas of the surrounding area and of the criminal world.

    Lastly, I wasn't trying to discourage the fella from OC. I have no vested interest in discouraging anyone from doing anything with their firearms by use of hyperbole or alarmist speculation. I was simply putting forth some considerations to keep in mind if he chose to do it downtown.

    Respectfully, Moga