"Carrying" without a permit in GA

[twilliams1755]

you have to be 21 or older to even own a handgun.

You are 100% wrong. You have to be 21 for a dealer to sell you a handgun, but not to possess one.

18 to possess a handgun
13 (if I remember correctly) to possess a long gun

OCGA § 16-11-132 (b) Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it shall be unlawful for any person under the age of 18 years to possess or have under such person's control a handgun.

 

[Spas-12 Owner]

I'm fully aware of all the citations you have so kindly offered. However, you are failing to realize the consequences of breaking the law. To kill someone with an illegally carried firearm would result in more than just a charge for an illegally carried firearm. Perhaps not murder 1 or 2 but I assure you it would not fall through the courts as just an illegal carry charge. But hey, if you're willing to take your risks and do that...then by all means. You are your own man...I just hope you don't become somebody else's in jail!

Wrong as well. The LEO might try to charge him with anything, including Jay walking, but even a public defender will get the charges dropped to carrying w/o license ....

 

[Constitution Hour]

In GA you must be 21 to Purchase a hand gun from a LICENSED DEALER, individual is another thing as has been discussed on this very forum. You can carry in your vehicle and have a right to self defense. The knife falls under the same rules for weapon depending on blade length as I understand it. This is in no way legal advise by me and your best option was suggested above, Contact GA carry, they will give you legal advise instead of conjecture or opinion.

 

[ddennis]

http://www.georgiacarry.org/cms/georgias-carry-laws-explained/frequently-asked-questions/#I_Do_Not_Have_a_Firearms_License

Here, made it easy for you.

I Do Not Have a Firearms License. What Can I Do?
Q: I don’t have a Georgia Weapons License. Can I carry in my car?
A: 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 weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license. In addition, such person may carry a long gun, which must be carried openly if loaded. Moreover, such person may carry in his or her own motor vehicle. Finally, if such person is eligible for a Georgia Weapons License, he or she may carry in any private passenger motor vehicle.
Q: Can I carry in my house?
A: Yes. See above answer.
Q: Can I carry a handgun openly, without concealing it?
A: No! Georgia is one of the minority of states that requires a Georgia Weapons License to carry a handgun openly outside of your home, car, or place of business. However, any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land on which the activities are being conducted may have or carry on his or her person a handgun or long gun without a valid weapons carry license while hunting, fishing, or engaging in sport shooting.
Please be sure to read the history of Georgia’s licensing law and find out why a license is required to carry a handgun openly. It is not what you think.
Employer/Employee
Q: Can I have a gun in my car while I am at work?
A: Yes, provided your employer does not prohibit it.
Method of Carry
Q: Do I need to carry my firearm concealed or may I carry openly?
A: Under the law, a Georgia Weapons License holder may carry a weapon or longgun openly or concealed in any location that is not off limits. However, should you choose to openly carry a handgun, please be aware of the image you present to the public while doing so. They vote.
Q: Do I have to use a holster?
A: No
Q: Can I use an ankle or pocket holster?
A: Yes
Licensing
Q: Where do I go to apply for a Georgia Weapons License
A:You apply at your county Probate Court. For most counties, the information needed is on their website as to where, when, cost and how the payment is accepted. Counties have their own set of rules they operate within.
Q: What background checks are performed on Georgia Weapons License applicants?
A: An applicant for a Georgia Weapons License must submit to one state and two federal criminal background checks. Two of these checks (GCIC and NCIC) are fingerprint based. In addition, the probate judge may check the mental health, drug, or alcohol addiction records of the Georgia Department of Human Resources. There are additional checks for Georgia residents who are not United States citizens.
Q: I currently possess a Georgia Firearms License. SB308 requires a Georgia Weapons License. Is my Georgia Firearms License still valid or do I need to apply for a Georgia Weapons License?
A: No, your Georgia Firearms License is valid until the expiration date on the front of the license and now functions as a Georgia Weapons License.
Q: My background check is taking several months, how can I check on the progress?
A: We have created a page to answer just this question: Trust but Verify.
Q: I was convicted of a misdemeanor marijuana charge in 1970, when I was 17. I have had a clean record since then. I am now over 55 years old. Can I obtain a license?
A: Yes, with the passage of SB308. You will not be eligible for a license if your conviction was within 5 years immediately preceding your application.
Q: I was convicted of a non-drug related felony years ago. I have had a clean record since then. What can I do to get my firearms rights back?
A: Contact the office that is in charge of granting pardons in the state you were convicted in. If it was Georgia that is the State Board of Pardons and Paroles.
Q: How many Georgia Weapons License holders are there?
A: Currently there are approximately 400,000 Georgia Weapons License holders throughout the state, according to the Judicial Council of Georgia’s Administrative Office of the Courts. That number appears to be significantly increasing each year.
Q: Must I be a Georgia resident to apply?
A: Yes. Military personnel and their families may apply while stationed in Georgia even though their home of record is elsewhere. This requirement of state residency is being challenged in court by GeorgiaCarry.Org.
Q: I just moved from Gwinnett County to Fulton County. Do I need to change the address on my license?
A: No. The license is good no matter where you move, even if you move outside the State of Georgia.
Q: My license is lost or stolen. Must I reapply?
A: No. If you report the loss within 48 hours of when you realized it was missing to the probate court, then the probate court must issue you a new license for and $5.00 fee.
Q: I am in the military, do I have to get a Georgia Weapons License?
A: No. You are exempt the same way as police officers are. Your military ID is your proof of exemption from needing a Georgia Weapons License to carry. If you want to carry into nearby states and/or be exempt from a NICS check when purchasing firearm from a dealer then you should get a Georgia Weapons License.
Q: I just moved to GA from another state with a valid firearms license, can I carry in GA with it?
A: Once you are considered to be a GA resident (you have a GA Drivers License), you must carry with a Georgia Weapons License.
Q: I often visit GA and want to carry a firearm while there, but GA does not honor the license issued by my state, what can I do?
A: Obtain a non-resident permit from a state GA does honor, such as Florida.
Q: I’m just curious to know if the prescription drug Paxil or Xanex would prevent a person from getting a Georgia Weapons License?
A: No, it should not prevent you from obtaining a license. The only portion of the statute (16-11-129) even loosely pertaining to such issues is the subsection on inpatient treatment for mental health or alcohol or drug treatment. This subsection is more restrictive than federal law, but it does not address any outpatient treatment.
(J) Any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application. The judge of the probate court may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the weapons carry license or renewal license.

 

[Stringbender]

Get one of those fold up Keltecs and carry in a backpack or notebook bag)

 

[Spas-12 Owner]

In GA you must be 21 to Purchase a hand gun from a LICENSED DEALER, individual is another thing as has been discussed on this very forum. You can carry in your vehicle and have a right to self defense. The knife falls under the same rules for weapon depending on blade length as I understand it. This is in no way legal advise by me and your best option was suggested above, Contact GA carry, they will give you legal advise instead of conjecture or opinion.

What he said 100%!!!

 

[SD]

I love the speculation in this thread. Fact is...no one can predict our hypothetical situations, so I encourage the OP to do as he wishes and let us know how it plays out!

 

[twilliams1755]

Why don't you join Ga Carry, and then ask them your question.

There attorney will respond back to you how the law "reads" in Ga.

I see your loop holes... but I would keep a knife at that age, or pepper spray/ boton/stun gun on me with a firearm in the vehicle.

Alright, sounds like a good idea to me. I've been wanting to talk to an attorney about it, but again, costs money. And right now, just throwing the idea around, since my SR9 won't fit in my pocket... Haha.

 

[ddennis]

Get one of those fold up Keltecs and carry in a backpack or notebook bag)

Still concealed, Still illegal if caught with no GWL.

 

[Shrek926]

OCGA § 16-3-21 (a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.

(c) Any rule, regulation, or policy of any agency of the state or any ordinance, resolution, rule, regulation, or policy of any county, municipality, or other political subdivision of the state which is in conflict with this Code section shall be null, void, and of no force and effect.

And even if I was arrested for illegally carry a weapon, I could not be charged with killing someone in defense of myself or another person as seen above. And hey, I'd rather take a ride in a cruiser than a hearse.

I quote 16-3-21 on occasions here, but you left out subsection (b). Furthermore you need to look at OCGA as it pertains to totality of circumstances. If you in your illicit carry of a firearm, use said firearm even in self defense you muddy the water greatly.