Posted: 6/11/2007 11:20:16 AM EDT
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So, I was stopped today by an officer for failure to come to a complete stop. It was in my own neighborhood, which I have lived in for 25 years complaint free, but the law is the law, even in my own neighborhood. The officer had me on the failure to stop thing, I broke the law and got a ticket. That is not what I was wondering about. When he came to my door, out of courtesy, I told him that I had a pistol laying on the front seat that was partially concealed by a grocery bag. Anyway, after asking asking if I had a permit for the pistol, asking me to step out, running the my pistol (and me), and writing me a ticket, the officer proceeds to tell me that what I had was a concealed weapon. I asked him if my permit covered the vehicle as well as my person in terms of concealment. He then goes on to say that Georgia does not actually issue concealed carry permits, just permits to carry. And that I should always carry in the open. He then gives me the line about placing the weapon in compartments made by the manufacturer and tells me that once I re-enter my vehicle that it was ok to "re-arm" my weapon (just thought that was an odd way of putting it.) Now I what I am asking is, is this correct as Georgia Law is concerned? I am not trying to say that anything the officer said or did was wrong, he was very professional, that's just not my interpretation of the law. Anyone got any experience with this stuff? |
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This is from the georgia code: 16-11-126 (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. Assuming you have a permit, you can possess the weapon anywhere you please. The Georgia Supreme Court recently ruled that if LE thinks you have a gun in the car, that is probable cause for a search. I call it the "innocent until proven gun owner" case. Its formal name is Megesi v. State. |
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Good to know, thanks! So I was also pretty sure that I could also carry the weapon on my person as long as it is in some sort of holster (when I looked at the code for carry on person, it listed about 47 different was of legally carrying concealed or otherwise.) So am I also right that Georgia Firearms Permit does entitle me to carry concealed? Also, I don't want to call and complain on the Officer, but I don't like the fact that he basically fed me a bunch crap if my interpretation of the above code is correct? I guess I should just let it go. |
Yes, you're right. The officer is partially right - GA doesn't issue "Concealed Carry Permits". It does, however, issue "Georgia Firearms Licenses", which allow the bearer to carry open OR concealed. I've found the police often don't know the law about firearms. I had a cop buddy last week tell me: "You can't carry a pistol in Kroger, because anywhere 3+ people are gathered constitutes a public gathering, and the law bans carry at a public gathering". Even the statute in black and wide on my permit wouldn't sway him. |
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By the way .... www.georgiapacking.org has all of the firearms laws listed on one web page ... go to the hot link labled GA Code. They also have the case law ... go to the hot link labeld Firearm Case law. If you want improve the RKBA in Georgia, consider joining www.georgiacarry.org. |
DONE and DONE 
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I have been pulled over twice while having a handgun in my truck. Both times is was in the same place. Paddle holster clipped to the door map pocket thing or whatever its called. Thats where it goes everytime i am driving. Both times I did not tell the officer I was packing. Just to avoid the crap the officer fed to you. Dont ask dont tell. |
Excellent. Welcome aboard. Together we're going to stop the abuse of gun owners. |
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Was this in Cobb, a pair of guys on motorcycles like on "CHiPs"? They have been on the rag in subdivisions lately. Either it is really slow, they need new equipment, or there has been an outbreak of dusty old cunts calling in complaints. I didn't tell him when they pulled me over, didn't need to waste any more time. |
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| I won't say the exact jurisdiction, as the officer did nothing wrong but pass information that was not correct. But it was a city department in Gwinnett county. I came to find out later in the day that the the department was contacted by one of the folks in my neighborhood to complain that there were too many people running the stop sign. Which I cant say is a lie. Where it is placed is totally pointless. Makes a nice revenue builder for the city though. |
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As others say, he's 100% wrong. When you tell them you've got a gun, it is imperative that you tell them you have a license for it. Some are cool, others are somewhat anal, a very select few scream "he's got a GUN!!!!" and strip search you. I've found the state troopers to be the most gun friendly, but YMMV. 
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Under the OLD laws, he would be correct. We had a big fuss in the '95-'96 timeframe because the Fulton County DA (possibly even the Attorney General) were interpreting a holstered handgun as "concealing" the handgun, and that concealing the holstered handgun wasn't legal. Got a few good changes out of that, the experience also convinced me that Randy Kozuch (sp?) at the NRA is worthless, he told me not to worry about it when I called. Well, a bunch of us got active on the issue, built up momentum, and THEN he and the rest of the NRA decided to claim credit for it. Got the changes to vehicle carry a few years later. I still don't like the public gatherings clause, because, for the life of me, I can't figure out when I'm legal and when I'm not. Looking at court decisions, if you have a private backyard barbecue and there's some shooting, and any alcohol, you can get prosecuted for having a firearm at a public gathering, but there's also an Attorney General opinion that a shopping mall doesn't constitute a public gathering... Oh, but if you park OUTSIDE a public gathering, that's the same as being at the public gathering (yes, there's either an Attorney General opinion or court case, I forget which, that having a handgun in your vehicle parked outside a public gathering counts as carrying at a public gathering). |
| Yea a couple of years ago I had 2 Henry cops feeding that same line of BS (actually only one of them was, the other didn't say anything about the firearm like he knew better) and yes I did have my permit ( I now keep the printed part of the instructions in my wallet incase I ever get fed that crap again. I don't never say anythng about having a gun if going through a road block or getting stopped. I have also stopped carring my permit behind my DL. I live in the country and go through road blocks and everytime when I pull my DL out they see my permit and ask If I have a firearm in the vechicle and here we go through the long process. I have even had cops completely unload my gun and clips and leave all the loose ammo in my seat ( this has happened more than once). |
Thats probably no tthte best idea. I would let them know I'm carrying even if it may seem inconvenient |
I've had officer friends say that if an officer isn't likely to see it, don't mention it, it unnecessarily raises the tension level on the stop, and not all officers are civilian gun friendly. |
I have been to Gwinnett! Went through a "splendid" divorce trial in Gwinnett, many moons ago. Sadly, though, cops (particularly in local jurisdictions) not having a working knowledge of the laws that they enforce isn't too rare in GA. (Nor in other states, I'd imagine.) |
I don't see much use in giving a cop information about something that's none of his or her business. If the GA legislature, in their Infinite Wisdom, thought that my legally carrying a firearm in my vehicle was any of a cop's business, they'd have mandated that I tell the cop at traffic stops, etc. |
Well, they have mandated a bunch of other crap in regards to the GFL that doesn't make much sense either. |
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Remember when everybody had glock stickers on their cars? Years ago I ran a red light in Ptree city, got pulled over and can you guess the first question the cop asked me? I handed over my 1911, but he wanted to search the car because I had a glock sticker but did not produce a glock. I assured him the 1911 was the only gun in the car and everything was fine. It did take an extra 10-15 minutes for him to run the gun, which pissed me off because I was already late for work (hence the running of the light...). The cop was laughing at me as he pulled away, because I was using a car key to scrape off the glock sticker. Since then I have never offered up that info in a traffic stop--no reason to raise anybodys blood pressure. |
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I like raising their blood pressure. ME: "While I may be wrong officer I believe O.C.G.A. 16-X-XXX allows this conduct" THEM:  "Who do you think you are a lawyer...?"ME: "Actually..." (I'd like to say in my defense I only harass those who harass me. If they honestly didn't know I try to be helpful. Unless they say that they are an expert on marijuana identification on the stand before Judge Carisle. Then all bets are off.  )
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