What if we we have a shooting contest after dinner? You know, like a turkey shoot but with our BBQ guns?
You know, “sport shooting”?
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"While hunting or camping"
- Thread starter Anh Le
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What if we we have a shooting contest after dinner? You know, like a turkey shoot but with our BBQ guns?
You know, “sport shooting”?
No, probable cause would take more than someone else saying so. To rise to the standard of probable cause the officer would have to have personal knowledge. YOU should know better. It appears you are confusing probable cause (what it take to make an arrest) and reasonable articulable suspicion. (Cannot make a legal arrest)
IF an arrest was made even a lawyer of questionable talent would easily beat that charge.
A person 18 to 21 can legally open carry a pistol while hunting or fishing but is not eligible for a GWL. That's one reason.
Not true. Open carry only required a license as a result on several amendments to the licensing laws in the 70's or 80's, My personal opinion is that ii was drafting error that did not seem to be intended - there was no hot issue about open carry, and the distinction was well accepted and defined by the courts.
From 1890 until the revision of the law, there are some lively court decisions about what exactly constitutes "open" (unlicensed) carry - i.e. how much of the gun had to be showing.
There is a tremendous pre-Civil War case talking about open carry being the right of every individual, and the mark of a gentleman for advising the public that he is prepared to defend any insult to his honor. I'll dig it up when I get a chance,
Nutshell: Unlicensed open carry existed in Georgia from the founding of the state until the 1980s (?).
What GA did have is a long list of where you could not carry a pistol concealed or otherwise.
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Why do it on private property? Do it anywhere. The 2A says nothing about private property. The requirement for a permit, for anyone, anywhere, is a clear and objective infringement.
Regardless, in for free BBQ.
Nope, THAT's not true. The 1976 major overhaul of the gun carry law changed a lot of things, including (per an opinion by the Attorney General) that a gun carried in a waist belt or shoulder holster could be concealed to the extent that the holster itself and some of your body's mass may block its view from all angles. (But you were not supposed to wear a cover garment specifically to conceal it.)
From 1910-present a license to carry IN ANY MANNER was required (it used to be called a pistol toter's license and was issued by the "Ordinary" of the county of your residence, before the office of the Probate Court was even created).
Regarding the early 1900's race riots that prompted the new permit-only-for-any-public-carry system, see this article:
https://www.georgiapacking.org/caselaw/jacksonvstate.htm
For the title of the of the 1910 law, which summarizes its purpose, it is quoted by the Court in this opinion from 1911:
https://www.georgiapacking.org/caselaw/stricklandvstate.htm
"...the [Act of] General Assembly of the state of Georgia, approved August 12, 1910 (Georgia Laws 1910, p. 134), entitled 'An act to prohibit any person from having or carrying about his person, in any county in the state of Georgia, any pistol or revolver without first having obtained a license from the ordinary of the county of said state, in which the party resides, and to provide how said license may be obtained and a penalty prescribed for a violation of the same, and for other purposes."
That case and another like it from 1913 held that just picking up a pistol in your hand for a brief time to transport it from one place to another place a few steps away, without any intention to use the pistol as a weapon but merely to take your personal property from a place where it shouldn't be to a place where it should be, is OK. Obviously these courts were considering OPEN carry in one's hand.
In the dissent (as to R.K.B.A. grounds, not open v. concealed carry) of the Strickland case (1911), Ga. Supreme Court Justice Samuel Atkinson wrote that while the law is known to forbid concealed carry, it also bans open carry and temporary in-hand possession regardless of the reasonableness of such action under the circumstances.
QUOTE:
"An existing statute prohibits the carrying of a pistol concealed, and in a prosecution for the violation of this statute it has been held that if a pistol be carried concealed but for a moment it is a violation of the law. Brinson v. State, 75 Ga. 882. But the provisions of the act above quoted extend further than to instances such as mentioned by the majority. Under them no person, male or female, under the age of 18 years, other than such as might come within certain classes specifically excepted, could lawfully carry around on his person, or have in his manual possession, any kind of pistol or revolver, for any purpose whatever, in any conceivable manner, elsewhere than in his own home or place of business. Nor could any person over the age of 18 years do so without first having obtained a license so to do from the ordinary of the county, and having given bond and paid the prescribed fee. Relatively to a person under the age of 18 years, it matters not what the conditions or causes might be that would render it necessary for him or her, as the case might be, to go to or from his home or place of business, or what dangers might be encountered on the way, or how great the necessity for a pistol or revolver for the protection of self or property, he would violate the statute if on the way he carried in his hand, or otherwise about his person, a pistol or revolver." [emphasis added]
BOTTOM LINE:
Not in any of our lifetimes, nor the lifetimes of our parents and probably grandparents, has Georgia ever had an legal scheme that allowed "open carry" (out in public; not on your property, at your place of business, not engaged in legal hunting with a firearm) without a permit or license issued by the government first.
You'd have to go back to before 1910 for that to be legal.
Not in any of our lifetimes, nor the lifetimes of our parents and probably grandparents, has Georgia ever had an legal scheme that allowed "open carry" (out in public; not on your property, at your place of business, not engaged in legal hunting with a firearm) without a permit or license issued by the government first.
You'd have to go back to before 1910 for that to be legal.
