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Posted: 1/8/2006 4:22:10 PM EDT
... and now I find out it's legal to own it but illegal to carry it! That was a waste of $50 ..... guess I should have asked. I assumed if the dealer was selling them in Georgia they would be legal to carry .... Anyone know if they are legal to keep in your vehicle?

Thanks ... Dan
Link Posted: 1/8/2006 5:57:41 PM EDT
There is nothing that says you cannot carry it.
Link Posted: 1/8/2006 6:08:15 PM EDT
The laws are pretty ambiguous. If you try and read what is there (Ga Code) it really doesn't make sense (to me anyway.)
A cop who is also a class iii dealer told me that it isn't illegal to own, have carry etc, except in criminal act. in other words it won't matter unless you are found do be in possesion of it while committing a crime. He worked "gangs & gangs" in metro area, probably knew what he was talking about. still, I am NOT a lawyer or in law enforcement nor in anyway qualified to verify this opinion, just passing on to you the best explanation i have heard so far.
bh
Link Posted: 1/8/2006 6:11:49 PM EDT
Are you sure about that Chainsaw? I was certain that it was particularly addressed.
Link Posted: 1/8/2006 6:17:40 PM EDT
Link Posted: 1/8/2006 6:51:00 PM EDT
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.
(d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle; provided, however, that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle.
(e) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such licenseholder shall carry the handgun in compliance with the laws of this state.

The only time a switchblade is mentioned is in the "school zone" section of the law.

16-11-127.1.
(a) As used in this Code section, the term:
(1) 'School safety zone' means in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in, on, or within 1,000 feet of the campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education.
(2) 'Weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, metal knucks, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher.

From the looks of it, you are really up to the discression of the arresting officer as to whether any knife is for "offense or defense".
Link Posted: 1/8/2006 7:08:33 PM EDT
Very confusing at best ... strange how switch blade is only specifically stated for school zones ...

Believe it or not I really only bought the knife for "utility" ... not defense or offense. I had gone into Wal-Mart the other day in the pouring rain because one if my windshield wipers was literally falling apart. I ran in .. got the wipers and ran back out to my truck. Then I couldn't get the freakin thermally sealed plastic case open that the wipers were sealed in. I hacked at it for a couple of minutes with my car keys and finally got the wiper blade out and installed. Then had to do it again for the wiper on the other side.

Following that incident I said to myself I am gonna get a nice small folding knife to carry for utility situation like this ... i suppose I could tell the jury that story if I needed to!
Link Posted: 1/8/2006 7:18:42 PM EDT
Link Posted: 1/9/2006 2:35:37 AM EDT
I went with a SOG FlashII. IT's close to the speed of an auto without any hassle.

I had a nice Paragon "The Black Knife"- the big Navy Seal switch blade, but I sold it casue I had read that I couldn't carry it. (or thought I did.)
Link Posted: 1/9/2006 2:52:24 AM EDT
[Last Edit: 1/9/2006 2:55:25 AM EDT by COLT6721A3]
I was gonna order the SOG TF-1 over the internet but figured I'd check out the knife dealers at the Pendergrass Flea-Market first ... to see if they had it there or to see if there was something just as nice but a little cheaper ...

It sounds like as long as it is not used for self-defense it is legal .... I have a Glock and a 1911 I carry for self-defense so no problem there. Strange how GA can outlaw knives but pistols are legal

The biggest problem with GA law is that it sounds like ANY knife you carry for self-defense is illegal ... automatic or not ...
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