311unity13b
New member
Just curious if it is legal to carry your weapon, with a CCW of course, in your pocket or vehicle without a IWB holster or the like.
Georgia pocket carry laws?
- Thread starter 311unity13b
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Dunno about GA, but in SC there are no restrictions on the TYPE of concealed carry. Concealed means concealed and every effort must be made to not let it print. It may be carried in a fanny pack, handbag, or other type of luggage such as a day planner or "man bag". In the car, it must be carried on or about your person (see above) or in a permanently attached closed compartment, such as a glovebox.
john45colt
New member
It has to have some kind of retaining devise such as “Holster, hip grip, or similar device”.
Georgia prohibits any person from knowingly carrying about his or her person outside his or her home or place of business any firearm NOT “in an open manner and fully exposed to view,” unless the concealed firearm is carried by a holder of a license to carry a handgun in a:
Handbag, briefcase, or other closed container; or
Holster, hip grip, or similar device, and concealed by the person’s clothing.
http://www.lcav.org/states/georgia.asp#carryingconcealedweapons
Georgia prohibits any person from knowingly carrying about his or her person outside his or her home or place of business any firearm NOT “in an open manner and fully exposed to view,” unless the concealed firearm is carried by a holder of a license to carry a handgun in a:
Handbag, briefcase, or other closed container; or
Holster, hip grip, or similar device, and concealed by the person’s clothing.
http://www.lcav.org/states/georgia.asp#carryingconcealedweapons
This web-site can answer alot of your questions about carry laws in Ga.
http://www.georgiapacking.org/
http://www.georgiapacking.org/
311unity13b
New member
Yeah, I have been to Georgia Packing, and have seen them advertising at a few gun shows. I just wanted a plain English explanation of the law. Great site though, thanks!
Is that outside the structure of one's home or can one walk on one's property outside the structure of one's home with a concealed weapon. I've always wondered about that, that is assuming there is no cary permit.
Also, again assuming there is no carry permit, one could walk outside the structure of one's home on your own property with a holstered gun in plain sight?
Que ... think you have to read the WHOLE paragraph to get its meaning; says you can't do the part you quoted UNLESS you are doing the rest ...
"Georgia prohibits any person from knowingly carrying about his or her person outside his or her home or place of business --now read this -- "any firearm NOT “in an open manner and fully exposed to view,” unless the concealed firearm is carried by a holder of a license to carry a handgun in a:
Handbag, briefcase, or other closed container; or
Holster, hip grip, or similar device, and concealed by the person’s clothing.
"Georgia prohibits any person from knowingly carrying about his or her person outside his or her home or place of business --now read this -- "any firearm NOT “in an open manner and fully exposed to view,” unless the concealed firearm is carried by a holder of a license to carry a handgun in a:
Handbag, briefcase, or other closed container; or
Holster, hip grip, or similar device, and concealed by the person’s clothing.
Hey Bikerbill. I'm a lawyer and that is poorly worded! (as are many laws).
The main question still remains, what is my home, the structure or my property lines? Assuming that I don't have a concealed carry permit (and this is being asked as my neighbor doesn't and will carry in his pocket) can he walk around outside his home on his property with a gun concealed on his person, or, alternatively, with a gun in plain sight?
The main question still remains, what is my home, the structure or my property lines? Assuming that I don't have a concealed carry permit (and this is being asked as my neighbor doesn't and will carry in his pocket) can he walk around outside his home on his property with a gun concealed on his person, or, alternatively, with a gun in plain sight?
john45colt
New member
As I understand it means property lines for a home owner or renter, apartment/condo owners they cannot unless permitted. Once that property line is crossed then they are in violation. Same with business owners once outside the door of their shop w/o license then they are in violation.
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Question still remains, may I walk on my property outside of my structure with a gun on my person if I do not have a permit? If there is a simple answer to that I'd really like to know without reviewing the entire code? That is a different question than asking how the gun must be carried. For that I have A Nemesis and SuperFly.
Thanks John45, that answers my question. When I have time I'll try and see if that is defined in the code or has been established by case law. Property lines would make sense to me. Possibly "home" is defined for purposes of the statute.
Thanks John45, that answers my question. When I have time I'll try and see if that is defined in the code or has been established by case law. Property lines would make sense to me. Possibly "home" is defined for purposes of the statute.
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I am going to go to the Georgia Code and see if the word "home" is defined for that use. Often terms such as "home" will be specifically defined as it is used in the statute. Other times you have to look to case law to see if the definition of the word had been determined in a court decision, and if that is the case a whole bunch of problems can turn up.
john45colt
New member
What I found and where
Carrying a pistol without a license: You must have a license to carry a handgun, openly or concealed, outside of your own home, place of business, and motor vehicle. If you are carrying a handgun to or from your home or place of business and "cross over any property not owned by you", then you would be in violation of carry a pistol without a license if you did not have a license.
http://www.georgiapacking.org/law.php
Carrying a pistol without a license: You must have a license to carry a handgun, openly or concealed, outside of your own home, place of business, and motor vehicle. If you are carrying a handgun to or from your home or place of business and "cross over any property not owned by you", then you would be in violation of carry a pistol without a license if you did not have a license.
http://www.georgiapacking.org/law.php
Carrying a pistol without a license: You must have a license to carry a handgun, openly or concealed, outside of your own home, place of business, and motor vehicle. If you are carrying a handgun to or from your home or place of business and cross over any property not owned by you, then you would be in violation of carry a pistol without a license if you did not have a license. This law only applies to carrying handguns and does NOT apply to rifles or shotguns, so a person could carry a rifle or shotgun openly, not concealed, in public and not be in violation of the law. The only exception to this law is no permit shall be required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner. Violation of this code section is a misdemeanor for a first offense and a felony for a 2nd or subsequent offense.(16-11-128)
But the issue remains, what is "outside of your own home". Outside the structure? Outside of property lines? The quoted text is not from the Code itslf but is a plain English version that seems to add some language that I have not seen in the Code such as references to property lines. If there was a specific reference to "property lines" in the Code it would be much safer to assume that one was free to carry as they wish within your own property, but I'm not seeing that. This may seem a fine point, but often the difference between acquittal and conviction hinges on a fine point.
A good example is an Indiana decision (I'm almost certain it was Indiana) based on a statute where a gun was deemed to be not concealed if carried in the glovebox. The defendant assumed or had reason to believe that a glovebox was the same as the center console and was charged after a pistol was found in his center console. It made sense to think a glove box would be the same as a center console, but the court ruled that when the statute said "glove box" it meant the glove box and not the center console. While one could infer that a glove box, analagous to a center console, would fall within the statute, it did not and the conviction was upheld. And as this decision only exists in case law, a reading of the statute could lead to someone making the same or similar mistake as the unfortunate defendant. While this would not be an issue in Georgia, it goes to show that inferences and assumptions based on common sense can be dangerous and definitions can be clarified and still not be evident upon a mere reading of the statute without knowing the pertinent case law.
Unless "home" is defined in the Code or by case law then one cannot assume that one's home includes the property outside of the structure. Of course one can make such an assumption, but you may well be rewarded with a soap-on-rope and a trip to the "Graybar Hotel".
A good example is an Indiana decision (I'm almost certain it was Indiana) based on a statute where a gun was deemed to be not concealed if carried in the glovebox. The defendant assumed or had reason to believe that a glovebox was the same as the center console and was charged after a pistol was found in his center console. It made sense to think a glove box would be the same as a center console, but the court ruled that when the statute said "glove box" it meant the glove box and not the center console. While one could infer that a glove box, analagous to a center console, would fall within the statute, it did not and the conviction was upheld. And as this decision only exists in case law, a reading of the statute could lead to someone making the same or similar mistake as the unfortunate defendant. While this would not be an issue in Georgia, it goes to show that inferences and assumptions based on common sense can be dangerous and definitions can be clarified and still not be evident upon a mere reading of the statute without knowing the pertinent case law.
Unless "home" is defined in the Code or by case law then one cannot assume that one's home includes the property outside of the structure. Of course one can make such an assumption, but you may well be rewarded with a soap-on-rope and a trip to the "Graybar Hotel".
(a) A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner.
I highlighted the part that stuck out to me. If it is legal to carry on hunting land. Then my thought is it is legal to carry on your land.
I highlighted the part that stuck out to me. If it is legal to carry on hunting land. Then my thought is it is legal to carry on your land.
Probably! I live in Georgia and am licensed in Ohio, so most of my actual knowledge of statutes is Ohio law, but I do spend a lot of time with Georgia laws. In the Ohio Revised Code it's common to have terms like "home" defined at the begining of a code title with something like "for the purposes of this section home shall be defined as...." or something like that. The problem arises where the word "home" isn't defined and some hotshot prosecutor decides that he will argue that home is within the structure. The Court of Appeals may well determine otherwise but that will be in overturning a conviction which may have landed you in jail after expending tens of thousands of dollars in criminal defense.
Yeah, I'll be researching this one....