Georgia Carry Question: Does Location Matter?

[GreenPanther]

I think a number of years ago, there was limitation on how and where a gun could be carried. However, over recent years, the codes have become more lenient in favor of gun carriers. I believe that now licensed carriers can carry a gun any way or any place on the body they choose. With all of the code reading and publishing on the ODT, I think we would have seen that restriction. I believe that unless a mode of carry is specifically prohibited, then it is legal and I don't think ankle, etc. carry is prohibited.

I think it should be up to the captain to show you where it is prohibited in the code, rather than your trying to prove a negative.

The last sentance pretty much sums it up.

 

[Boomer73]

This is what the old code said, but I can't find it in the new code:
"16-11-126.
(a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.
(b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows:
(1) For the first offense, he or she shall be guilty of a misdemeanor; and
(2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years.
(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, in which event the weapon may be concealed by the person´s clothing, or a handbag, purse, attache case, briefcase, or other closed container. Carrying on the person in a concealed manner other than as provided in this subsection shall not be permitted and shall be a violation of this Code section."

 

[dougiemac]

This is what the old code said, but I can't find it in the new code:
"16-11-126.
(a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.
(b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows:
(1) For the first offense, he or she shall be guilty of a misdemeanor; and
(2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years.
(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, in which event the weapon may be concealed by the person´s clothing, or a handbag, purse, attache case, briefcase, or other closed container. Carrying on the person in a concealed manner other than as provided in this subsection shall not be permitted and shall be a violation of this Code section."

Thanks, for the copy of the Code. I've studied the entire section 16 of the GA Code. I was looking for something I might've missed in interpretation or somewhere buried in another section or in some odd Bill, city ordinance, etc.

 

[B. Byrd]

Thanks, for the copy of the Code. I've studied the entire section 16 of the GA Code. I was looking for something I might've missed in interpretation or somewhere buried in another section or in some odd Bill, city ordinance, etc.

I don't have a reference, but I believe there is a section in the Georgia Code which prohibits a city or county from passing a prohibitive ordinance preempting the state code. In other words, if it isn't prohibited in the Ga. Code, it doesn't exist.

 

[dougiemac]

Thanks, for the copy of the Code. I've studied the entire section 16 of the GA Code. I was looking for something I might've missed in interpretation or somewhere buried in another section or in some odd Bill, city ordinance, etc.

I don't have a reference, but I believe there is a section in the Georgia Code which prohibits a city or county from passing a prohibitive ordinance preempting the state code. In other words, if it isn't prohibited in the Ga. Code, it doesn't exist.

Thanks BByrd... that helps me from searching in those.

 

[Squiddley]

Back in the 90s when I first got my carry permit,it said on the back of the card that you must carry above the waist,I am not sure when they changed the law,but that is probably what he is going by.

 

[dougiemac]

Back in the 90s when I first got my carry permit,it said on the back of the card that you must carry above the waist,I am not sure when they changed the law,but that is probably what he is going by.

Ah...now we're talking. Does anyone have a picture of the back of an old GA carry permit that has that language?

 

[hamburglar3]

here you go - 2010 issued

 

[dougiemac]

here you go - 2010 issued

Hummmm... doesn't mention restrictions on the location on a person.

 

[hamburglar3]

Hummmm... doesn't mention restrictions on the location on a person.

I will dig through files and find older cards but I think I remember something about placement as well, specifically no ankles. Will update after file cabinet search.