Openly Carrying A Rifle in GA

[FreedomUSMC]

Wait, what? How does it fit the definition of an AOW if it is shorter than 26 inches?

AOW is defined as any weapon or device capable of being concealed on the person. Anything under 26" is considered concealable by the ATF.

Mossberg had an article about this specific topic as it relates to the Shockwave.

 

[Moose94]

Since the OP is talking about a long march
along public streets in urban or suburban areas
carrying a rifle, and without any GWL,

I'll bring up two other laws to watch out for,
although most cops wouldn't know about these laws anyway,
and the odds of you getting arrested for something like this are pretty slim.

1-- The 2 laws in OCGA 16-12-XX on the subjects of possessing fire arms or dangerous devices on buses trains airports or any transportation terminal.
You'll notice that they don't use the term "weapon" and the definition of weapon as found in code section 16-11-125.1 wouldn't apply here in 16 -12 anyway.
This law in chapter 12 uses the term "firearm" which is a very broad term and would include any rifle or shotgun or carbine, regardless of caliber, barrel length, or stock configuration.

Note also that the definition of a transportation terminal includes public streets and sidewalks within a reasonable distance from those places, and the parking lots of any bus or train station. So I'm thinking that if you walk with a rifle past a MARTA bus stop in Atlanta, you could come under the coverage of this law.

Then,
2-- we have the federal law passed by Congress in the middle 1990s banning firearms from within 1000 feet of school property.
This law has a blanket exception for GWL holders. In fact so does the earlier law I mentioned above regarding weapons at bus, rail, or other transportation facilities!

But without a GWL, possessing a rifle at or too-near these types of places could theoretically get you in trouble.

P.S. I am a lawyer.
I did write a book specifically on Georgia weapons laws.
You can buy the book on Amazon.com.
But this posting on ODT isn't legal advice.

Thanks for the Georgia open carry legal advice.

 

[BEREZKA]

You can carry it in your vehicle. It’s not restricted to any particular barrel length but must be over 26 inches OAL. If If shorter than 26 inches it becomes an AOW and falls under NFA.

I mean like conceal/ open carry a shockwave. Would that need a carry permit?

 

[Zeake]

I mean like conceal/ open carry a shockwave. Would that need a carry permit?

See rule number 3 at the bottom .
https://www.mossberg.com/wp-content/uploads/2017/05/MOSSBERG_590-SHOCKWAVE-PUMP-ACTION.pdf

 

[John Monroe]

I mean like conceal/ open carry a shockwave. Would that need a carry permit?

No. It does not fit the GA definition of a handgun, so it is not a weapon for which a license is required.

As for it being an AOW, it has to be "capable" of being concealed on the person. This definition is silly, because even full-sized shotguns can be concealed on the person. But aside from that observation, the act of concealing it may be good proof that it is capable of being concealed, but it is capable of being concealed (or not), regardless of whether you actually conceal it.

 

[FreedomUSMC]

No. It does not fit the GA definition of a handgun, so it is not a weapon for which a license is required.

As for it being an AOW, it has to be "capable" of being concealed on the person. This definition is silly, because even full-sized shotguns can be concealed on the person. But aside from that observation, the act of concealing it may be good proof that it is capable of being concealed, but it is capable of being concealed (or not), regardless of whether you actually conceal it.

And strangely enough, the actions of the person can determine if it's an AOW or not (according to ATF). The act of concealing any weapon makes it an AOW and is subject to those laws. Even a full size shotgun.

So basically, don't conceal it and there's no issue.

 

[FreedomUSMC]

I mean like conceal/ open carry a shockwave. Would that need a carry permit?

Open carry: no permit needed.

Conceal carry: that would make it subject to AOW laws so you'd need to register it. Would you need a permit, most likely not.

 

[John Monroe]

Would you need a permit, most likely not.

More than most likely. Definitely not. GA has no law against carrying a concealed weapon. So concealing it means nothing under GA law.

 

[John Monroe]

So basically, don't conceal it and there's no issue.

If you really want to conceal your Shockwave, just (attempt) to register it as an AOW. The ATF will reject your attempt on the grounds that it is not an AOW, and then you can conceal it all you want because the ATF has told you it is not an AOW. Or they will accept it and you will have spent $5 for the permit to conceal it from the federal government.

 

[FreedomUSMC]

If you really want to conceal your Shockwave, just (attempt) to register it as an AOW. The ATF will reject your attempt on the grounds that it is not an AOW, and then you can conceal it all you want because the ATF has told you it is not an AOW. Or they will accept it and you will have spent $5 for the permit to conceal it from the federal government.

In your registration you'd have to specify it's for "concealed carry" and I'm sure they'll list it as AOW. If they reject it, you can't conceal it.