Question about GA law

[Mossy Bloke]

I just moved from NC to GA a few months back. In NC, my CCL instructor explained to us that we were to never reach for our gun unless we believed that we would in fact be dead if we didn't react by using our CCL weapon. (that's a nutshell version of everything the class covered, so don't bother picking it apart...I know there are other circumstances and things to be taken into account)

Waiting on my CCL to come in now that I'm in GA. Do I understand correctly that in GA it's 100% legal to "show" my weapon to diffuse a situation? "Going armed to the terror of the public" not withstanding. It sure looks like that to me when I read the laws.

If so, I'm pleased. I would much rather be forced to show my weapon before a situation got to the lethal point and never have to shoot than to wait until it gets to the point that if I pull my gun somebody is going to die.

Just looking for some clarification here.

 

[Tom B]

In GA it is illegal to point a weapon at someone unless of course in self defense. The CCW laws seem to push the point that your weapon should stay concealed but the term "show" is very open to debate. I know it was MUCH more difficult for me to obtain a permit to carry openly (for work) than a CCW in Georgia. It took four months of fed and state background checks and red tape. I would say that if you "pull" a gun on someone here that it had better be in defense against the use of deadly force only with the exceptions of home intrusions and that sort of thing.

 

[Onslaught]

As it was finally explained to me by someone on this forum, and backed up with these words from GA law....

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.


Carrying openly in GA (AS I UNDERSTAND IT )is perfectly legal (although frowned upon in most places). No permit is required to carry a firearm openly as an individual. A permit is requried to CONCEAL a weapon on your person. I'm sure that open carry for "work" would be a much different story.

http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/16/11/126

Of course, this doesn't even remotely answer the question of "showing" or "brandishing" one's weapon to diffuse a situation, but I'm sure that the info could be researched at http://www.georgia.gov/00/home/0,2125,4802,00.html .

It's not easily manuevered, but with patience, you can find laws pertaining to your questions.

Another great GA Law site is http://www.legis.state.ga.us/legis/1997_98/leg/fulltext/sb476.htm . This link takes you directly to the latest (and greatest ) amendment regarding use of force and defense of dwelling.

GA is a wonderful state for gun owners!

 

[Bikeguy]

Here are the GA statutes:

16-3-21.

(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other´s imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.

(b) A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he:

(1) Initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant;

(2) Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or

(3) Was the aggressor or was engaged in a combat by agreement unless he withdraws from the encounter and effectively communicates to such other person his intent to do so and the other, notwithstanding, continues or threatens to continue the use of unlawful force.

(c) Any rule, regulation, or policy of any agency of the state or any ordinance, resolution, rule, regulation, or policy of any county, municipality, or other political subdivision of the state which is in conflict with this Code section shall be null, void, and of no force and effect.

(d) In a prosecution for murder or manslaughter, if a defendant raises as a defense a justification provided by subsection (a) of this Code section, the defendant, in order to establish the defendant´s reasonable belief that the use of force or deadly force was immediately necessary, may be permitted to offer:

(1) Relevant evidence that the defendant had been the victim of acts of family violence or child abuse committed by the deceased, as such acts are described in Code Sections 19-13-1 and 19-15-1, respectively; and

(2) Relevant expert testimony regarding the condition of the mind of the defendant at the time of the offense, including those relevant facts and circumstances relating to the family violence or child abuse that are the bases of the expert´s opinion.



16-3-23

A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other´s unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;

(2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or

(3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.

 

[treeprof]

AFAIK, we don't have a brandishing law per se. However, you could potnetially get tripped up by this law (to which I think Tom B is referring)w/out clear evidence of a (impending) crime you were attempting to prevent:

16-11-102.

A person is guilty of a misdemeanor when he intentionally and without legal justification points or aims a gun or pistol at another, whether the gun or pistol is loaded or unloaded.

As long as you're not escalating things, I think you'd be pretty safe.

 

[Onslaught]

Bikeguy -

Here are the GA statutes:

The laws you cite have been amended as of 3/6/98 to alleviate some "conflicts" within the law and with other laws...

They now read:

16-3-23.

2- 2 (a) A person lawfully present inside a dwelling, place of
2- 3 business, or motor vehicle is justified in threatening or
2- 4 using any degree of physical force, including deadly
2- 5 force, against another person who has made or is
2- 6 attempting to make an unlawful entry in a violent and
2- 7 tumultuous manner into that dwelling, place of business,
2- 8 or motor vehicle, when the person using such threats or
2- 9 force reasonably believes that such use is necessary to:

2-10 (1) Prevent such entry;

2-11 (2) Compel the intruder to leave the premises or motor
2-12 vehicle; or

2-13 (3) Prevent the use of any physical force, against any
2-14 person lawfully present in such dwelling, place of
2-15 business, or motor vehicle, or

2-16 (4) He reasonably believes that the entry is made or
2-17 attempted for the purpose of committing a felony therein
2-18 and that such force is necessary to prevent the
2-19 commission of the felony.

2-20 (b) A person who uses threats or force in accordance with
2-21 subsection (a) of this Code section shall be immune from
2-22 criminal prosecution and civil liability therefor unless
2-23 the deadly force used by such person utilizes a weapon the
2-24 carrying or possession of which is unlawful by such person
2-25 under Part 3 of Article 4 of Chapter 11 of Title 16."

2-26 SECTION 2.

2-27 All laws and parts of laws in conflict with this Act are
2-28 repealed.


http://www.legis.state.ga.us/legis/1997_98/leg/fulltext/sb476.htm

 

[Byron Quick]

WARNING THE FOLLOWING QUOTE IS IN ERROR IN ITS CONCLUSIONS. PLEASE READ THE STATUTE THAT FOLLOWS THE QUOTE!!
"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.


Carrying openly in GA (AS I UNDERSTAND IT )is perfectly legal (although frowned upon in most places). No permit is required to carry a firearm openly as an individual. A permit is requried to CONCEAL a weapon on your person. I'm sure that open carry for "work" would be a much different story."


I agree that the statute quoted above implies that it is legal to carry openly in Georgia without a license. However, if you do you will charged with the crime outlined in the following statute,i.e, carrying a pistol without a license.



16-11-128.

(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.

(b) Upon conviction of the offense of carrying a pistol without a license, a person shall be punished as follows:

(1) For the first offense, he shall be guilty of a misdemeanor; and

(2) For the second offense, and for any subsequent offense, he is guilty of a felony, and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years.

(c) 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.