A.         Purpose

To ensure that all Atlanta Police Officers are familiar with the Carrying Concealed Weapons Stature, 16-11-126.  Officers should be familiar with the requirements under this statue on how and when a person may carry a concealed weapon outside of his/her home or place of business.

B.         Elements of Statue 16-11-126

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.

NOTE:   If a person states that they have a permit to carry a concealed handgun, they must have said permit on their person, and display the permit to any officer challenging its validity.  A person may not be arrested for a violation of this statute when they have a valid permit, and have complied with the listed provisions.

C.         Exceptions to Statue 16-11-126

      A person may carry a concealed pistol, revolver, or cancelable firearm outside of his or her home, motor vehicle, or place of business, if the person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm is carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person’s clothing, or a handbag, purse, attaché case, briefcase, or other closed container. Carrying on the person in a concealed manner other than as provided in this subsection shall not be permitted and shall be a violation of Code section 16-11-126.

      Any person who is eligible for a license under Code section 16-11-129 may transport any firearm, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition.

      Any person who is eligible for a license under Code section 16-11-129 may transport a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle.

NOTE:  The Georgia Legislature has provided citizens with wide latitude under this statute, in the area of defense of habitat.  As with one’s home, the Legislature has included an occupied private passenger motor vehicle under the broad definition of habitat as it relates to a citizen’s lawful ability to defend him/herself.

      Any person who is in possession of a valid permit issued pursuant to Code section 16-11-129 may carry a handgun in any location in a motor vehicle.

      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 license holder shall carry the handgun in compliance with the laws of this state.

D.         Summary

As law enforcement officers it is our responsibility to be familiar with not only the elements of crimes but also the exceptions to those crimes.  In this roll call training issue we reviewed the elements needed to be present to violate Code section 16-11-129.  We also reviewed the exceptions that if present would not make it a violation of the Code section 16-11-126.