Ga carry permit


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speedracer81
April 21, 2008, 12:38 PM
ok guys... the way I read the back of my permit, if I accidentally take my weapon into a public gathering and it is discoverd by me or a LEO. it is ok as long as I did not realize it? if I'm reading this right how can this be enforceable?

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NavyLCDR
April 21, 2008, 01:46 PM
Nope, that is not what the law says. If you discover that you are carrying, and you report yourself to LEO or other security ASAP, they will tell you what to do and if you comply, you are good to go. The statute states nothing about LEO or security finding the gun themselves, in that case, I think you are SOL.

O.C.G.A. 16-11-127
Carrying deadly weapons to or at public gatherings; affirmative defenses


(a) Except as provided in Code Section 16-11-127.1, a person is guilty of a misdemeanor when he or she carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense.

(b) For the purpose of this Code section, "public gathering" shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part.

(c) This Code section shall not apply to competitors participating in organized sport shooting events. Law enforcement officers, peace officers retired from state or federal law enforcement agencies, judges, magistrates, solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings.

(d) It is an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or other person employed to provide security for a public gathering of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by the law enforcement officer or other person employed to provide security for a public gathering.

Tim Burke
April 21, 2008, 02:07 PM
I interpret section (d) as covering someone who finds such an item.

ronwill
April 21, 2008, 02:23 PM
NavyLT is correct. If you forget that you are carrying (it happens) and notify security or police immediately on finding the weapon, do what they instruct and you'll be good to go. Let security or police see the weapon before being notified and your in trouble.

romma
April 21, 2008, 02:29 PM
Didn't they vote out the public gathering clause among many other things just the other day?

I think the governer needs to sign it into law unless it was already done...

On Friday, April 4, House Bill 89 finally agreed upon by both the Georgia House of Representatives and Senate was sent to Governor Sonny Perdue (R) for his consideration.

This critical Right-to-Carry Reform legislation will strengthen Georgia’s current laws by:

* allowing licensed carry permit holders to possess a firearm in any private motor vehicle, while on any publicly accessible parking lot;

* prohibiting gun dealer entrapment schemes, such as those orchestrated by New York Mayor Michael Bloomberg;

* allowing concealed carry permit holders to carry in State Parks; recreational areas, wildlife management areas, and public transportation;

* creating a stricter time limit for various stages of the concealed carry license application process; and

* allowing concealed carry permit holders to carry in restaurants.

These are just a few of the positive reforms HB89 will make to Georgia’s firearm laws.

Unfortunately, gun control groups and opponents in the business community are urging the governor to veto the bill.

Governor Perdue needs to hear from you. Let him know that legislation reinforcing the Second Amendment, like HB 89, isexactly what law-abiding gun owners and sportsmen want in Georgia.

Help preserve our Second Amendment rights in Georgia. Please call Governor Perdue today and respectfully urge him to protect your right to self-defense by signing HB 89 into law.

Contact information for Governor Perdue is:
Phone Number: 404-656-1776
Fax Number: 404-657-7332
Email click here.

KingTiger
April 21, 2008, 03:38 PM
The Guv still hasn't signed it, it'll become law in about 20 more days if he chooses not to do so. The Restaurant Assoc. and the local liberal rag is lobbying him not to sign and spreading misinformation, like "forgetting" to tell people that these new laws apply to Georgia Firearms License holders only.

ronwill
April 21, 2008, 03:49 PM
The Public Gathering clause hasn't actually been voted out. HB 89 changes some of the law, such as allowing carry into a restaurant that sells alcohol, into state parks and buildings, etc. It still doesn't allow carry into churches, political rallies, and sporting events. While a major improvement, there is still some work to do. For those interested, georgiacarry.org is a grass roots organization that had a big hand in many inprovements in Georgia's laws, and georgiapacking.org gives up to date information on Georgia's firearms laws and CCW requirements.

speedracer81
April 21, 2008, 09:27 PM
ok, so what if you forget, you are questioned about it, and say oops I forgot... it says upon learning that you have it, and it was just brought to you attention. I'm just playing devils advocate here, because it seems like a awful big grey area where its not needed. I mean if they put in the same provision for other laws like speeding it would seem rediculous

tntwatt
April 21, 2008, 09:43 PM
I think that would be a situation by situation basis and greatly depend on the cop and how much a** you kissed.

Samuel Adams
April 21, 2008, 10:20 PM
Most interpretations of the Public Gather clause are about as lame as those of the General Welfare Clause in the US Constitution.

ctdonath
April 22, 2008, 03:39 PM
Word is at least one GA judge includes "standing in line at the water fountain" in "public gathering".

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