Georgia CCW- holster?

W

wayneinFL

New member
I'm going into Georgia for work.

I notice Georgia law mentions specific types of holsters may be used along with "any holster". I assume they mean "any holster"- why do they mention shoulder and belt holsters, specifically?

Has there been any confusion on this? According to the wording it is legal to carry in a pocket holster or smart carry. Do people ever get arrested or hassled for it anyway?

I'm calling the Georgia State Police in the morning, but it would take a lot of time to call every jurisdictioon I would be passing through. I wondered if anyone had any experience with this, or if it is a non-issue. And are there any other issues I need to know besides the usual prohibited places, etc.?
 
Over the years, GA code has been reworded several times, in an attempt to say what they mean. They will probably never get it right. What GA wants, and the way the state has consistently interpreted every rewrite is, 1) Don't wear an ankle holster, 2) Any holster suspended from the belt/waist is legal, as long as it is designed for the purpose, 3) Don't "mexican carry", 4) Don't pocket carry and 5) Hand carried and shoulder carried purses and fanny packs are fine. The "letter of the law" probably leaves you open to a citation, on technical grounds, if the purse or fanny pack is not "specifically designed" for handgun carry. But this technicality is not used to issue citations and any purse or fanny pack is considered compliant with the intent of the statute.

I commuted from middle GA to the FL Panhandle twice a month for 11 years. What's your commute?
 
Hey Bud, does the law say I can't carry in a pocket holster or shoulder holster?:confused: The Ga. carry laws are really confusing! I've totally given up carrying a pocket knife because the knife laws are (to me at least) such a mess and the gun laws don't seem to be too far behind. I've been following the GA 16-11-126 but that can (and probably has) change overnight. Thanks.

Georgia General Assembly
Unannotated Code

transcribed 2/14/2004


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.

badbob
 
Ausser... I've seen something about ankle carry someplace, but I can't remember where. NRA publications maybe? Heck, the more I dig, the more confused I get.:(

badbod
 
TITLE 16. CRIMES AND OFFENSES
CHAPTER 11. OFFENSES AGAINST PUBLIC ORDER AND SAFETY
ARTICLE 4. DANGEROUS INSTRUMENTALITIES AND PRACTICES
PART 3. CARRYING AND POSSESSION OF FIREARMS

O.C.G.A. § 16-11-126 (2006)

§ 16-11-126. Carrying a concealed weapon


(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.

bold mine - Bud

The less-than-clear reference in the above code excerpt and the one that is probably interpreted by Ausserordeutlich to not preclude ankle holster carry is, I believe: "... or any other similar device, in which event the weapon may be concealed by the person's clothing, ... ". I agree. It does not specifically prohibit ankle holster carry by the specific wording used. The verbiage is not in the code. Go ahead. Carry in an ankle holster and find out what the GHP or any representative of the GA AG's office thinks about it. As much as I may agree with the lack of specific wording of that section, the state takes the totality of that section in to consideration.

I cannot vouch for localities that do not issue citations for ankle holster carry, I can only iterate my info from my local LE contacts.
 
"What's your commute?"

I'm headed to Marietta from South Florida next week. I'm probably not going to carry on this first trip. I'm not too crazy about looking like a victim, riding around in a rental car, but Marietta isn't too bad, and besides I'm not going to be there that long.

I've asked for a different position, so I might be heading to north Georgia more regularly. Our company has offices in Marietta. I'm not sure if there are still offices in Chickamauga and Kennesaw.

Ok. Understanding some of the history on this it puts things in a different perspective. Reading with that in mind, it sounds like they don't want you carrying in a pocket, but it would be ok to carry in an IWB holster or with a belt clip or something.

I'm going to take the narrowest interpretation possible. If it can be interpreted to exclude anything, a LEO might do just that. It would be different if I lived and worked in GA regularly and was familiar with the specific jurisidiction I was going to be in. And if it was close to home it would be less hassle if something happened. 500 miles is too far to drive just to go to court.
 
Nah, "any other holster" does it for me. The "not carrying below the waist" is an internet myth. Bud: I've found that local l.e. aren't particularly talented at reading and interpreting the law. I doubt that you'll find a single citation on record in GA for "carrying below the waist."
 
My reading of this statute is that, 1. they want it concealed, and 2. they want it constrained.

If you carry in Ga., it looks like you have to have it secured in some sort of containment device, like a holster, handbag, or "other such device." In essence, they just don't want you tucking it in your clothes. Have an apparatus, of some kind, (other than your belly), which is designed to keep it constrained from falling out onto the floor.
 
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