Sheriff Emphasizes Gun Safety Amid New Gun Laws

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The above video is from an interview conducted by Laura-Ashley Harris of WNEG.  The accompanying article can be found here

Open and Concealed Carry Allowed

While in common parlance people often refer to the Georgia Weapons License (GWL), previously the Georgia Firearms License, as a concealed carry permit, this term is a misnomer. Even one of the co-sponsors of the recent Senate Bill 308 that clarified Georgia's carry laws referred to the GWL as a concealed carry permit in a campaign mailer that turned up in my mailbox yesterday.

The fact remains that nothing in Georgia's carry laws require that a firearm be carried concealed. The two code sections of relevance here are 16-11-126 O.C.G.A., Carrying a concealed weapon, and 16-11-128 O.C.G.A., Carrying a pistol without a license. The first code section makes it illegal to carry a concealed weapon unless a person has a GWL. The second code section makes it illegal to carry a weapon outside of one's home and business (see code for full list of exceptions) without a GWL whether the weapon may be carried openly or concealed. Just to make sure that it is clear, the carrying of a weapon outside of those specific exceptions requires a GWL. Carrying openly requires the license, but having the license does not require that a firearm or weapon be concealed.

Nothing in the above should be construed as an argument in favor of openly carrying a weapon. I am simply seeking to clarify the law. The decision to carry openly, concealed, or at all is up to the individual.

Traffic Stop Advice

It happened to you.  You were cruising along only to see the dreaded blue lights suddenly appear in your rear view mirror.  Now what do you do?

No, this isn't a piece on how to get out of a ticket or a lesson in technicalities.  This is simply advice to make the stop go as smoothly as possible.

First, you want to safely move off of the roadway, preferably all the way off of a roadway if a parking lot or similar is available.  If not, try to find a level spot with plenty of visibility for approaching motorist to see you.  There is absolutely nothing wrong with slowing down and turning on your hazard lights to indicate you realize the officer is behind you and that you are not fleeing and then proceeding on to a safe place to stop.  This may include driving to a more public or well lit place.  If you have any doubts as to whether or not the person(s) trying to stop you is a legitimate officer, after slowing down and turning on your hazards, call 911 and tell the communications officer that someone is behind you with blue lights and that you are simply trying to verify that it is a legitimate traffic stop.

There are few things to keep in mind from the above paragraph.  By driving to a safe location to stop, you are making it safer for the officer; so, there should not be any angst for your doing so unless the officer has some reason to think that you are leading them into an ambush or looking for a way to escape.  As for calling 911, remember that cellular calls go to the nearest available tower, which may or may not be in the jurisdiction in which you are located at the time of the call; so, listen closely for the name of the agency that answers the call and provide your location clearly to the operator.

After you have stopped your vehicle, keep your hands visible and don't be moving around in the vehicle.  Keep in mind that traffic stops are one of the more dangerous things that officers do; so, please don't make the officer wonder if you are reaching into your console for your driver's license or a weapon.  If it is dark, turn on your interior lights.  If you have dark tinted windows, roll them down to allow for greater visibility.

I am often asked whether or not a driver should inform an officer if there are firearms in the vehicle.  There is no requirement in Georgia to notify officers of such firearms.  There are states that do; so, research this if you will be driving out of state.  My advice would be to not make an issue of the firearm(s) unless it becomes inevitable it will be an issue. With this in mind, don't put your insurance card under your pistol that you keep in the glove compartment or have your driver's license where you would have to reach across your firearm to get to it. If you have a firearm on your person and are instructed to get out of the vehicle that might be a good time to inform the officer of the firearm. If you have to reach into a compartment containing a firearm, tell the officer prior to doing so. Remember that it is perfectly legal for one to transport a firearm within a vehicle without a Georgia Weapons License (GWL); however, if a person is ineligible for a GWL, there are some restrictions as to where a firearm may be carried within a vehicle.

In the above paragraph I mentioned insurance cards. Insurance cards in and of themselves are not considered proof of insurance under Georgia law, but state law still requires that drivers have them in their vehicles. The officer should call in the vehicle's tag information to the dispatch center where a communications officer will check the tag against a state maintained data base. The data base is the determining factor for proof of insurance. The card must still be carried for accident reporting purposes.

Another common question that I get involves traffic stops that cross jurisdictional lines. This is an easy answer. Under 17-4-23 O.C.G.A, any officer may enforce traffic law anywhere in the state provided that the citation be processed in the jurisdiction in which the violation occurred. So, yes, the officer can stop you there…

Family Violence Act Explained

First, to clear up a common misconception, there is no criminal charge of "Family Violence" in the state of Georgia. The Family Violence Act, 19-13-1 O.C.G.A., provides a list of relationships and crimes that if present in combination constitutes family violence. Of key importance in understanding the Family Violence Act is that if a peace officer has probable cause to conclude that one of the included crimes was committed involving parties of one of the included relationships, the peace officer is required by law to make an arrest. Again, the peace officer must make the arrest. It is not optional. Furthermore, the victim in the crime cannot drop the charges. This does not mean that the prosecutor must prosecute the case. It simply means that the decision of whether or not to prosecute does not belong to the victim.

The relationships listed in the act are past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, and other persons living or formerly living in the same household. These relationships once established last forever as it concerns

The included crimes are as follows: any felony, battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint (false imprisonment and kidnapping), and criminal trespass. Reasonable corporal punishment is not a crime.

The property of a married couple is community property in the eyes of the law. If during a domestic dispute one part or a married couple intentionally destroys their own property it is considered a crime (criminal trespass/criminal damage to property). Yes, destroying your own property during a domestic dispute is a crime, and as stated above, a peace office is required to make an arrest if probable cause exists.