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In addition to Terry, this week's reading assignment is a comparison of several cases. Because it involves more than one case, you get a whole week, instead of one day or the weekend.

How are the cases different from each other, and how are they the same? Is there a rule to be derived from them, construed together? Are they consistent?

As with other reading assignments, these cases are all available here on this site at http://www.georgiapacking.org/caselaw/

Here are the pocket carry cases.

http://www.georgiapacking.org/caselaw/mccroyvstate.htm

http://www.georgiapacking.org/caselaw/gossvstate.htm

http://www.georgiapacking.org/caselaw/gainervstate.htm

http://www.georgiapacking.org/caselaw/gayvstate.htm
 

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I've read all those before. It all sounds like basic Monday morning quarterbacking to me. (I suppose that's all criminal law is, eh?) Rule: Handle out, not concealed. Obvious but completely in pocket, concealed. Better rule: Don't deal drugs and committ other crimes in the process.

What is not addressed in the caselaw as I know it is the requirement to carry with a holster of some kind. I use an Uncle Mike's pocket holster to satisfy the letter. These cases, however, never mention the holster aspect in relation to pocket carry.
 

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The cases don't mention the holster aspect because the prosecutors did not charge them that way. They don't think about that.

I think KK is correct to some extent. If your gun is sticking out only a little bit, and you're dealing drugs, your gun is concealed. If it's sticking out a little bit more, it's not concealed.
 

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kkennett said:
What is not addressed in the caselaw as I know it is the requirement to carry with a holster of some kind. I use an Uncle Mike's pocket holster to satisfy the letter. These cases, however, never mention the holster aspect in relation to pocket carry.
I can think of 2 reasons for this.

1. The requirement is to conceal carry with a holster/clip of some kind.

(c) 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 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...
2. To convict someone for the crime of carrying a concealed weapon (16-11-126) you must first determin whether or not the gun was carried openly or concealed first, before other considerations like a holster. If it was openly carried (regardless of having a GFL or not), then it is not a violation of 16-11-126 (open carry outside of home/office/car would fall under 16-11-128). Most of these cases seem to be trying to determin just the open or concealed carry question.

Now if it was clear that the gun was concealed, the next consideration is did the person concealing it (in a holster or not) have a valid GFL? If they did not have a valid GFL, they are guilty of this crime. If they had a valid GFL, only then do you ever reach the holster requirement.

Only now after everything above has been figured out, do you have to figure out if the pistol was in a holster, hipgrip, or similar device.
 

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If putting your gun in a holster, and then sticking both in your pocket is legal...

What if I'm pocket carrying my 642 with a clip draw?

http://www.ajaxgrips.com/ajax/clipdraw

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...
You can't carry "in" a hipgrip. I have one attached but say it's stuck in a closed pocket, not clipped onto anything.

Interesting cases.
 

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Discussion Starter · #7 ·
Well, we assume you have a license.
 

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Gunstar1 said:
kkennett said:
What is not addressed in the caselaw as I know it is the requirement to carry with a holster of some kind. I use an Uncle Mike's pocket holster to satisfy the letter. These cases, however, never mention the holster aspect in relation to pocket carry.
I can think of 2 reasons for this.

1. The requirement is to conceal carry with a holster/clip of some kind.

(c) 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 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...
2. To convict someone for the crime of carrying a concealed weapon (16-11-126) you must first determin whether or not the gun was carried openly or concealed first, before other considerations like a holster. If it was openly carried (regardless of having a GFL or not), then it is not a violation of 16-11-126 (open carry outside of home/office/car would fall under 16-11-128). Most of these cases seem to be trying to determin just the open or concealed carry question.

Now if it was clear that the gun was concealed, the next consideration is did the person concealing it (in a holster or not) have a valid GFL? If they did not have a valid GFL, they are guilty of this crime. If they had a valid GFL, only then do you ever reach the holster requirement.

Only now after everything above has been figured out, do you have to figure out if the pistol was in a holster, hipgrip, or similar device.
GS1, everything you said is correct, and, as MP observed, is good analysis. But, I still maintain that a prosecutor ought to include in the indictment or complaint that the gun was not in a holster. He can't know for sure that the defendant does not have a GFL. If the defendant shows up in court and testifies that he has a GFL, and the prosecutor has not said that he didn't have the gun in a holster, somebody's gonna walk.
 
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