Florida vs. Georgia ...who has better laws


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psyprofessor
June 26, 2009, 07:58 PM
Ok...guys (and gals)... argue your case which state is more pro 2nd Amendment... Florida or Georgia?

I looked up both states gun laws...and Georgia has laws against carrying in "public gatherings" which seems to general... (and thus seem restrictive)...but they do allow open carry...(which is more permissive than Florida)

Let me know what you guys think... Argue your case..

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OurSafeHome.net
June 26, 2009, 08:32 PM
Florida.

(We do have to reform the Open Carry nonsense, though.)

Our CCW License is honored in 33 states (for residents) and 27 (for non-residents).

oneounceload
June 26, 2009, 09:23 PM
except FL has a three day waiting period for a handgun which is ridiculous.

I used to live in NV - guns were advertised in the paper, folks bought and sold at garage sales no problem......the local drug store sold guns - you could go there and buy a gun, ammunition, go to the back section and buy a bottle of whiskey, then go to the counter and get your mood meds - all in one store........without any waiting.........

cbrgator
June 26, 2009, 09:25 PM
except FL has a three day waiting period for a handgun which is ridiculous.
True. But it doesn't apply to CCW holders. :)

divemedic
June 26, 2009, 09:36 PM
except FL has a three day waiting period for a handgun which is ridiculous.

Not if you have a CCW permit, or already own at least one firearm.

Georgia law that really sucks rocks:

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,

Even if you are in your car in the parking lot of a public gathering, you are still breaking the law. "we have held that the offense of carrying a firearm at a public gathering may occur in a parking area on the grounds of and in close proximity to a public gathering." See Farmer v. State, 112 Ga.App. 438(1c), 145 S.E.2d 594 (1965).


Listen to this quote:

the "younger crowd" who could not go into the Lodge often gathered in the Lodge's parking lot on Saturday nights and that on the Saturday night of the incident a large number of people were gathered there, "hanging out," eating and talking. From this, the jury could reasonably find that the parking lot itself was the site of a public gathering, so that appellant brought the pistol to a public gathering when he brought it to the parking lot regardless of whether he took it inside the building. See Jordan v. State, 166 Ga.App. 417(4), 304 S.E.2d 522 (1983). Compare State v. Burns, 200 Ga.App. 16, 406 S.E.2d 547 (1991).


Also, you cannot have a firearm on or about your person without a permit unless you are in YOUR own home. If I am staying with my mother, I cannot have a firearm on my person without a permit.


All of these (especially the rather loose meaning of "public gathering") means I avoid GA if possible.

sig228
June 26, 2009, 11:59 PM
Not sure about Georgia, but here in Florida, our RKBA is spelled out in our state constitution. About the only thing local governments can do is change our wait period, which is a non issue anyway if you have a cwp. Restaurant carry, no duty to retreat, castle doctrine all make this a great pro 2a state. Too bad I live in the anti 2a section, but oh well......

eldon519
June 27, 2009, 12:10 AM
Kennesaw, Georgia has a law on the books that says each household is required to own and maintain a firearm and ammunition. It's not enforced or anything, and you can conscienciously object and so forth but it's reassuring to know the local attitude on 2A (it's my old hometown).

withdrawn34
June 27, 2009, 12:19 AM
Also, not sure what kind of license Georgia hands out, but at least in FL, we have concealed weapons permits, which let you carry pretty much anything you can conceal and isn't illegal otherwise. So want to carry a full auto knife? Sure. A 8" fixed blade? No problem. A shorty shotgun properly registered? Why not. :) All things one cannot carry normally without a license.

more forty fives
June 27, 2009, 12:43 AM
I was wondering about the switch blade knife here In FL.So is it legal with a cwp permit or not? If I understand PAUL34 it is.

barnetmill
June 27, 2009, 01:22 AM
Also, not sure what kind of license Georgia hands out, but at least in FL, we have concealed weapons permits, which let you carry pretty much anything you can conceal and isn't illegal otherwise. So want to carry a full auto knife? Sure. A 8" fixed blade? No problem. A shorty shotgun properly registered? Why not. All things one cannot carry normally without a license
Please correct me if I am wrong, but I recall that it is no longer legal to carry a machinepistol concealed in Florida.

cbrgator
June 27, 2009, 11:19 AM
Also, not sure what kind of license Georgia hands out, but at least in FL, we have concealed weapons permits, which let you carry pretty much anything you can conceal and isn't illegal otherwise. So want to carry a full auto knife? Sure. A 8" fixed blade? No problem. A shorty shotgun properly registered? Why not. All things one cannot carry normally without a license.
Does that mean if I wear a big trenchcoat and could effectively conceal an AR-15, I could carry that around too? Are you sure, or just guessing?

janedoedad
June 27, 2009, 12:46 PM
Georgia issues a GFL-Georgia Firearms License. The GFL is good for open or concealed carry. Georgia is a "Shall issue" state. Unfortunately, there are some rather ambiguous firearms laws. Good information can be found here: http://www.georgiapacking.org/index.php and
http://www.georgiacarry.org/

lebowski
June 27, 2009, 02:20 PM
I live in FL, and I'm pretty happy with our gun laws here. Not quite perfect, but few if any states are.

Shall issue state, CCW permit covers weapons other than firearms (i.e. folding knives etc), castle doctrine, stand your ground, etc.

One of the only things we don't have is open carry. I personally wouldn't open carry anyway, so this is not a big deal for me (though it would be nice if it was allowed). The 3 day wait period doesn't apply to me since I have a CCW.

I'm not very familiar w/ Georgia's laws, so not in a position to compare the two. What I do know is that there are a LOT of states that are much less gun owner friendly than FL, and I'm happy I live in a state that supports my RKBA.

amprecon
June 28, 2009, 02:59 PM
Better Law? Isn't that an oxymoron?

j21blackjack
June 28, 2009, 03:59 PM
I vote for GA, but only because I'm military. Georgia law exempts active duty from all carry restrictions and the need for a permit all together.:)

O.C.G.A. 16-11-130
Exemptions from Code Sections 16-11-126 through 16-11-128

(a) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:

(1) Peace officers, as such term is defined in paragraph (11) of Code Section 16-1-3, and retired peace officers so long as they remain certified whether employed by the state or a political subdivision of the state or another state or a political subdivision of another state but only if such other state provides a similar privilege for the peace officers of this state;

(2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense;

(3) Persons in the military service of the state or of the United States;

ChCx2744
June 28, 2009, 04:18 PM
^ ahhh good old 16-11-130...immunity is nice, isn't it? I know...I was there :)

dullh
June 28, 2009, 08:35 PM
"Florida vs. Georgia ...who has better laws"

Georgia. And they seem to get incrementally better with each legislative session.

dullh
June 28, 2009, 08:37 PM
"3) Persons in the military service of the state or of the United States;"

Are you sure the next sentence isn't something to the effect of":

"but only in the discharge of their official duties" ?

Because if it is you, as military, can only carry if your official duty says you can, and only while you're on official gub'ment business.

Mike J
June 28, 2009, 09:03 PM
I don't know about Florida but there are many restrictions on carry in Georgia. Also the Georgia Firearms License is just a firearms license & nothing else. GaCarry.Org is trying to push some legislation through next session to change much of this but we're not there yet. Someone else has already linked GaPacking.Org's site that is the best place I know to learn about Georgias firearms laws. There are enough restrictions that it is very easy to unintentionally break the law if you aren't careful.

withdrawn34
June 28, 2009, 10:01 PM
I was wondering about the switch blade knife here In FL.So is it legal with a cwp permit or not? If I understand PAUL34 it is.

You should be fine. I am not a lawyer, of course, so don't take my word as gospel. As long as the switchblade is otherwise legal, you're fine with a valid Florida CWP or with a license from a state that Florida recognizes.

Please correct me if I am wrong, but I recall that it is no longer legal to carry a machinepistol concealed in Florida.

I think if the machinepistol itself was legal and properly registered, sure. But can you really (legally) find such an instrument, and would you really use it for a carry weapon? Could you safely carry it? If not, forget it. It'd also put surrounding people in grave danger if you ever had to use it for defense, more so than a regular pistol.

Does that mean if I wear a big trenchcoat and could effectively conceal an AR-15, I could carry that around too? Are you sure, or just guessing?

I don't see anything in Florida statutes to the contrary. However, if you're not safely carrying it that's a problem.

The spirit of the weapons permit is that one can carry concealed a variety of weaponry as he/she sees fit for their situation, for lawful purposes; examples are "real" switchblades/full auto knives, ASP batons, OC sprays > 3 oz, fixed blade knives of any sort, long folding blades, all manner of "tactical" blades, etc. These are things a non-licensed person would get in trouble for. Also, given the quite vague nature of Florida "ordinary pocketknife" definition, it's worth to have a license even if all you do is carry a pocket knife.

You don't have to worry about "is my knife legal to carry?" or "can I legally carry a huge can of OC bear spray?" or such. Of course, there are certain exceptions spelled out in Florida statues; for example, "propelled" knives are not allowed. I assume it'd like some sort of knife rocket or knife gun? I'm sure it exists but I've never seen one.

Anyway, it's possible I could be wrong here, so if anyone wants to chime in feel free to do so. I don't want to give out bad advice, or use such advice myself, even though I don't think I'll ever be concealing an AR-15, lol.

cbrgator
June 29, 2009, 12:46 AM
even though I don't think I'll ever be concealing an AR-15, lol.

Me either. But it would fun to know I could. ;)

kyo
June 29, 2009, 12:54 AM
I like the way the direction in GA is going. HB is going to be voted on at the end of the summer I believe that changes "firearms" to "weapons" removes the restriction to only court rooms and government buildings, meaning schools, public gatherings and such, are allowed. Plus, the same bill wants to do a lifetime permit that goes through the secretary of state. Hope it goes through. I would love to carry at school. plus it gets rid of the requirement to have a holster when you conceal

http://www.legis.state.ga.us/legis/2009_10/sum/hb615.htm

4thPointOfContact
June 29, 2009, 02:56 PM
"3) Persons in the military service of the state or of the United States;"

Are you sure the next sentence isn't something to the effect of":

"but only in the discharge of their official duties" ?

Because if it is you, as military, can only carry if your official duty says you can, and only while you're on official gub'ment business.



No. He quoted O.C.G.A. 16-11-130, (a),(3) in its entirety; it's just those 13 words, verbatim. The next section is - - -

(4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract;

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