Would this be legal?

T

Trabb's Boy

Inactive
I am somewhat new to handguns, and there's something I've been wondering about. I live in Georgia and I do not have a carry permit. Suppose I'm on my way home from the pistol range. I'm driving along in my car, and my gun is in my range bag (which is just an ordinary backpack). I decide to stop in to WalMart to search (in vain!) for some ammo to replace the stuff that I just finished shooting at the range. I don't want to leave my gun in the car, because I worry about it being stolen. If I just put on my backpack and stroll into WalMart, is that legal? Or would I be illegally carrying a concealed weapon? Is this okay to do, since the gun is not directly on my person, but in a backpack, similar to the way it is legal for me to carry a gun in my car's glove compartment even though I don't have a carry permit? Does it matter whether the gun is just rattling around loose in the backpack, or if it is inside its own handgun case inside the backpack? Maybe I'm thinking about this too much, but I want to be in the habit of doing all my gun-related activities "by the book". Thanks for any help you can offer.
 
Check your state laws.

In MT a purse/fannypack/backpack has been determined to be "luggage" not clothing, and therefore the weapon is not concealed. But we have better laws than most.
 
I am 99.99999% sure that GA considers that illegal... HOWEVER, you are allowed to keep the gun loaded in the car/truck even if you don't have a permit (which is illegal in most other states).

I would just lock it in the glove box or hide it well behind the seat??? I know it is you gun and the risk of theft is real, but it won't hold up as an excuse if you are caught.
 
C'mon, read what ya wrote guy. You ARE carring the firearm concealed and very much on your personage. Take the time and $$ to get your permit, any course worth it's spit ought to cover these things plus loads of other laws policies. Being armed with knowledge is just as important as being armed with a firearm.
 
You ARE carring the firearm concealed and very much on your personage.
Click to expand...

I disagree. A range bag is not a concealment article of clothing. With the pistol in a case, holster or other device inside the range bag, it is disabled.

If I walk up to the airport counter with a pistol in a piece of luggage, it isn't concealed. I can check it in for my flight and pick it up in my destination state as long as that particular state isn't draconian like New York or Illinois.

Range bags, gun cases and the like should not be considered "concealed carry" locations, IMO.

Checking your laws is a good idea though, as is getting your carry permit anyways.
 
I am 99.99999% sure that GA considers that illegal... HOWEVER, you are allowed to keep the gun loaded in the car/truck even if you don't have a permit (which is illegal in most other states).
Click to expand...

I don't know about "most". Having a loaded handgun in your vehicle without a permit is legal in Arizona, New Mexico, and Colorado (although Colorado has some laws against a chambered round). I travel some in these three states.

In addition, open carry is legal in Arizona and New Mexico without a permit. Colorado allows it to AFAIK, but I'm not sure about open carrying in various cities (Denver will have you arrested quick).

Back on topic though; I'm not sure about your state. I think in a backpack, worn on your body, you'd be illegal in Arizona unless you had a CCW permit.

Daryl
 
I dont see too many people walk in to wal-mart with a backpack so that may raise a red flag then you get charged with carring a gun illigally
 
First, you have to be eligible for the Georgia Carry Permit.

Second, I think it is a very grey area. Does a standard backpack meet the standard/interpretation for a case.

Third, I think the minute he buys ammo in Wal Mart, with the gun in the backpack, it could be interpreted that the gun is no longer seperated from the ammo.

Fourth, I wouldn't do it, as a civilian. Military members are exempt in Georgia, though. :cool:

16-11-126. Carrying a concealed weapon.
(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, attaché 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.
Click to expand...
 
Thanks for the replies so far. I found this, which seems to be the relevant statute:

O.C.G.A. § 16-11-128
Carrying pistol without license

(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.

The highlighting is mine. From this, it looks like I would indeed be breaking the law. In fact, it looks like, from the moment I get out of my car in the pistol range parking lot to walk inside, I've broken the law :eek: although I can't see anyone making an issue out of it. I suppose it all comes down to the meaning of the phrase "about my person". Is a separate bag that I am carrying or wearing considered to be "about my person" under the law? Seems like it would. I will need to ask a lawyer or a policeman, I guess. Or just go ahead and obtain a permit. In the meantime, I will just plan my range visits and shopping trips separately. Thanks again, everyone.
 
I'm from Georgia and I have to tell that we have some really laid back gun laws. Why don't you just play it safe and get your permit?

It's only $35 and I got in about a week.

I'm originally from N.Y. and know how much of a pain in the ass it is to get a permit jus to be able to go to the range.

You don't know how good you have it by living in a state like Georgia.

I'm no expert but being that it's so easy and cheap here to get you license here. It is a common sense thing to just go and get it.
 
Trabbs,
Does your car have a trunk?
Agree too taking in a back pak to sports would draw attention. They would really watch you on their cams and perhaps stop you. Don't think you could get away with sayng you brought it in so you could check what type ammo it takes.
 
Not sure about your particulars, but the few times I have gone into any type of store with a backpack, I have been stopped by security to see what is in the backpack on the way in and on the way out.

That wouldn't go over real well to have the $6/hr security guard find a gun in your backpack, whether it is illegal or not.

Even if it is legal to carry like that in Georgia, I would hesitate just for the fact that you would have to go into a store with a backpack.
 
Don`t know about Georgia but in Ohio a backpack on you is considered ON YOUR PERSON and gun inside would be considered CCW. As was explained to me by LEO, 'A gun/weapon in a backpack,fannypack, pants/jacket pocket or anyplace else on your person that conceals weapon is just that,a concealed weapon. Reading the Georgia laws in earlier post would seem to me to almost mirror Ohio law. Get your permit and take those grey areas out of the equation.;)
 
I'm not an expert on Georgia law, but here's my interpretation based on what's been said.

If it's loaded and in a backpack, or any other sort of carrying case, it's a concealed pistol. If it's unloaded in the backpack, it's just a pistol, and can be transported anywhere firearms are normally allowed. A zipped backpack, here in South Dakota anyway, would count as a "closed and fastened carrying case", whether you were wearing it on your back or it was sitting on the seat.

I don't recommend keeping loaded guns in a backpack, or any other bag, case, or safe, so the best thing to do would be unload it when you put it away.

I'd recommend getting a carry permit if you want to carry your gun. That's why they issue carry permits, they're for people who want to carry a gun, like you. It doesn't sound like the permit is too expensive or difficult in Georgia, so you may as well go for it.
 
A lot of the posts are filled with good information.

Here's a point you REALLY ought to consider.

Police officers don't know every minute detail and interpretation of the laws. Their job is to enforce the laws to the best of their ability and let the lawyers and the city/county/state work out the details.

It could be mighty expensive to be a test case for laws that you may not be certain about. For sure, it'll put a glitch in your day to take that ride in the police car.

If you were to somehow end up with a felony (even with good intentions), you wouldn't have to worry about leaving your handgun in the car the next time you visit the store.
 
Whether or not it IS illegal. if you were "found out" I'd say there is an excelent chance you'd be taking the ride, even if you can beat the rap.

IMO, just go through the bit of effort to get a CCW, so you can carry rather than wondering if what you are doing is legal/illegal/wil get you arrested.
 
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