I Thought Georgia Was A Free State? Time for Constitutional Carry

Opinion

Constitutional Carry Coming Soon
I Thought Georgia Was A Free State? Time for Constitutional Carry

Georgia – -(AmmoLand.com)- While all of us follow federal recommendations and hunker down in our abodes, the usual suspects are taking advantage of the national health emergency to strip the second amendment rights of citizens. By usual suspects, I mean the likes of Cuomo in NY, Murphy in NJ, among others who must be sued into compliance for blatantly violating the rights of their citizens by shutting down permitting processes, fingerprinting, and gun shops, for example.

But, never in my wildest dreams did I believe I would see something similar here in the otherwise free state of Georgia.

Now, there is a universe of difference between the tyrants I just named above and Georgia Governor, Brian Kemp. Heck, Kemp ran one of the most pro-gun campaigns, possibly in the history of any state gubernatorial elections in modern-day America.

Brian Kemp
Brian Kemp

You may recall his advertisements that garnered national attention when he was accused by the do-goody leftists of threatening his daughters' boyfriend with a shotgun while having a little chat with him with his shotgun resting on his lap. I mention that to remind you that Kemp is pro-rights, and he, unlike the governors discussed above, has not taken any action to infringe on gun rights here in the Peach State. He specifically named gun shops and related businesses as “essential” in his executive action.

So what's the beef, Walters?

The beef is two-fold. First, OCGA 16-11-126 states the following:

16 – 11 – 126 (h) (1) No person shall carry a weapon without a valid weapons carry license unless he or she meets one of the exceptions to having such license as provided in subsections (a) through (g) of this Code section.

That statement is pretty clear. If you want to carry a weapon, open or concealed in GA, you must possess a Weapons Carry License. Obtaining a permit in Georgia is simple as far as other states are concerned. All one has to do is march themselves to their respective County Probate Court clerk's office and pay the new licensing fee or the renewal fee, have fingerprints and picture taken, fill out one form. As long as you are a law-abiding citizen, your Georgia Weapons License shows up in your mailbox, usually within two weeks. No training requirements or any other BS.

Second, On March 14, Chief Justice of the Georgia state Supreme Court, Harold Melton, declared a state of judicial emergency. Subsequent to that on March, 17th, Georgia Carry made the following statement in a lengthy email to members:

March 17, 2020, GeorgiaCarry.Org was informed that the Probate Courts across the state of Georgia would temporarily suspend acceptance of applications for Georgia Weapons Carry Licenses and the renewal of Georgia Weapons Carry Licenses pursuant to an order of the Supreme Court of GA declaring a Judicial Emergency.

So now you get the idea. Georgia requires its law-abiding citizens to have a Weapons Carry License, which is issued by your respective county probate court. As of March 14, 2020, the probate courts have suspended most operations, including weapons licensing. That emergency order has now been extended by Governor Kemp to at least May 13, 2020, as of Tuesday, April 7, 2020. Because Georgia does not provide for the option of openly carrying a sidearm without that weapons carry license, well pardner, you're just plain old s**t out of luck.

The Governor has been asked by Georgia Carry to suspend the licensing and renewal requirements during the health emergency. He has responded that his office is looking into the legality of such a move but has not been heard from since. Chief Justice Melton has also been asked to provide guidance and urge Governor Kemp to act, but his office remains silent with no indication he will respond to the request.

So, those who find themselves without a permit to carry that want to exercise our rights during this challenging time, can't and those who have been licensed for decades can not renew a license that may be expiring during this time frame. Yet again, we find out just how fragile our rights are under these extreme circumstances. While no one individual is intentionally swiping our rights as in other states, the actions taken by the judge and Governor point out the flaws in the licensing system as a whole.

Fortunately, my license isn't up for renewal until next March. Still, I will tell you this: If my license expired during this period, and I was unable to renew, I would continue to carry my firearm as I always have.

I don't consider that breaking the law taking into account that through no fault of my own, the government has made it impossible for me to follow that law. I also find it hard to believe that any law enforcement officer would arrest me for an expired permit that I am unable to renew. I am not naive and am aware that if I were arrested, here in Georgia, that first offense is a misdemeanor, and I most certainly wouldn't mind being the test case. It's worth that risk. That is also my advice to AAR listeners in Georgia who may find themselves in this very predicament.

The bottom line? The permitting scheme has outlived its usefulness. It's time to move on. I shouldn't need a stinking permit to carry a gun in the first place, and if this whole debacle doesn't scream why constitutional carry should be the law of the land, nothing does.



About Mark WaltersMark Walters

Mark Walters is the host of two nationally syndicated radio broadcasts, Armed American Radio and Armed American Radio's Daily Defense with Mark Walters. He is the Second Amendment Foundations 2015 Gun Rights Defender of the Year award recipient and co-author of several books, Grilling While Armed, Lessons from Armed America with Kathy Jackson and Lessons from UnArmed America with Rob Pincus. Follow Mark and support Pro-Gun media.

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Wild Bill2NDforeverBeobearjohn45coltmoe mensale Recent comment authors
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2NDforever
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2NDforever

NOW IS THE TIME FOR NATIONAL CONSTITUTIONAL CARRY!

Wild Bill
Member
Wild Bill

@2ND, Well, we have that Constitutionally, already, but just for the sake of your argument how will you get it through the House of Reps?

Beobear
Member
Beobear

My sister and I want to move to Georgia from Oklahoma to be closer to family but leaving a constitutional carry state to a unconstitutional carry state is a big issue. Georgia needs to get their butt in gear and get this passed. It was a battle here to get it done with our outgoing anti-gun republican governor so we replaced her with one that said he would sign the bill as soon as he was elected. IIRC he signed it within his first month just like he said he would. Guess what….not one single doom and gloom anti-constitutional carry… Read more »

hoggiesan
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hoggiesan

Hey guys I think we are missing the point here.
The question should be what can we / I do to get my state into a Constitutional Carry State.
My time is stretched as I believe the rest of you as well. But I am going to start making time for Mark’s AAR broadcast. Mark if your reading this let me know who to contact besides my local representative.

Ryben Flynn
Member
Ryben Flynn

Why would a Probate Court issue carry permits? Seems to me that would be the job of Law Enforcement as it is is so many other States, including here next door in South Carolina. It isn’t even the County Sheriff (as in NC) but the State Law Enforcement Division that issues the Concealed Weapons Permit.

moe mensale
Member
moe mensale

It’s irrelevant that Georgia probate courts issue our carry licenses. That decision was made by the legislature. However, our licenses still require a background check and that’s done by both the Georgia Crime Information Center and the FBI. Both agencies must return a clean report for a license to be issued.

moe mensale
Member
moe mensale

Really? You down vote me because I’ve related factual and true information to Ryben Flynn’s question? Such hate on this blog. And you’re not even man enough to do it with a post. Go fuck yourself you coward.

moe mensale
Member
moe mensale

Like I need anyone’s approvals from here. Bunch of fucking cowards and ass wipes. I sleep well at night.

Dubi Loo
Member
Dubi Loo

I’d like politicians to explain to me why I need a “Mother May I” card to exercise my Constitutional Rights! Maybe it’s time to infringe on the 1A Rights on the dinosaur media and many politicians?

Bob
Member
Bob

I believe anti-2A politicians should be held personally responsible for their infringement decisions. For example, if they support gun-free zones and a mass murder occurs in it, they should be indicted for contributory negligence and face prison time and fines.

SEMPAI
Member
SEMPAI

Love to have it here in Florida BUT the
FRATERNAL ORDER OF POLICE fight it every step of the way so the public gets no say in what is an inalienable right…

KenW
Member
KenW

When Florida passed the CWL legislation open carry was legal. So what happened? some people just went out and started parading up and down Hollywood Blvd. and elsewhere; “look at me I’ve got a gun.” and within days open carry was banned in FL. I remember because I saw it happen.

moe mensale
Member
moe mensale

I lived in FL when “shall issue” passed. Yeah, open carry was legal but it wasn’t that big of a deal. I hardly ever saw an openly carried gun in my 30 years there in Broward and Palm Beach counties. Open carry got banned because Janet Reno, the Dade County state attorney at the time, a bunch of Sheriffs and police chiefs and the media went full retard against open carry. Both sides made a deal agreeing to postpone implementing open carry to the next legislative session while the “shall issue” and “conceal carry” parts were implemented immediately. And as… Read more »

Oldvet
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Oldvet

@moe …Remember WACO and consider reno’s ulterior motive !!!

moe mensale
Member
moe mensale

Recently? Rubio hasn’t been in the FL legislature since 2010 when he was elected to the US Senate. Yeah, he may be wishy washy on the 2nd Amendment but anything he does or doesn’t do is reflected at the national level, not the state level.

JoeUSooner
Member
JoeUSooner

We here in Oklahoma just received our state’s designation as Constitutional Carry a few months ago, but it is indeed a wonderful thing to have. Hope Georgia manages to get Constitutional Carry, too, in the near future. Good luck! 🙂

Matt in Oklahoma
Member
Matt in Oklahoma

Yeah it’s a politician’s version of constitutional carry. It’s nice but needs improvements

Laddyboy
Member
Laddyboy

Here in the “FREE STATE” of Maryland, the DemoNAZIS have control of OUR government. There is a WAR AGAINST gun owners to practice the RIGHT of SELF DEFENSE outside of our homes. In order to carry, you MUST meet these three UNCONSTITUTIONAL requirement: (1) Be a “guard” on a companies payroll protecting someone elses’ money, (2) Have DOCUMENTING PROOF you are in physical harm from another WITH COURT PAPERWORK, (3) Show the ACCEPTABLE “NEED” while owning a business, (4) Know a politician that will speak for you and push through your permit. Yes, I know there are FOUR requirements listed.… Read more »

Finnky
Member
Finnky

@Laddyboy – Does one have to meet all four requirements or just one of 1-3 plus 4?

john45colt
Member
john45colt

I read on-line under these circumstances the WCL expiration date has been suspended during this crisis until the probate courts reopen. If the probate courts were the only offices closed I could see the concerns but that’s not the case. I don’t have to worry till 2024.

Finnky
Member
Finnky

@john45colt – So police arrest you and toss you into jail to await judicial action to set or deny bail, and thereafter to await trial. Somehow that seems worse to me than a speedy trial and paying the fee for misdemeanor violation. While I’ve got an issue with letting people out of prison to protect them from SAR-Cov-2, if someone is in jail awaiting trial, they are still innocent and being denied their right to a speedy trial. To then infect said innocent people with a potentially deadly virus goes well beyond bounds of “infringement” into inhuman tyranny. If someone… Read more »

john45colt
Member
john45colt

Their not supposed to arrest anyone with an expired license due to closures. I guess it would depend on what you were doing when they found your license had expired. I tend to provide mine with my DL if ever stopped, last time it happened officer asked where weapon was I told her “on my hip, is that a problem?” She replied “ you don’t pull yours I won’t pull mine.” and retuned my WCL.

Green Mtn. Boy
Member
Green Mtn. Boy

One never knows what would be tyrant lurks in the heart of a politician.

badlands
Member
badlands

True, but a national emergency sure brings them out.