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Tag Archive for 'georgia-carry'

Going to Town? Got Your Keys, Your Money, and Your Gun?

Everytime I do an interview about guns and the Second Amendment, some gun-ho person always accuses me of not having a clue what I am talking about. Never said I did! That is why I do interviews.

However, that should not detract from this interview with John Monroe, Founder of Georgia Carry.org in which we discuss HB 89 passed by the 2008 Georgia General Assembly. Effective July 1, 2008, Georgia will allow someone owning a gun to get permit to carry a concealed weapon into a restaurant or on MARTA or some other form of public transportation or into Walmart. Nevertheless, as John points out, you still can’t tote your gun, concealed or not, at a “public gathering.” A few other places, as well.

If you read HB89, you will know for certain that you can get a permit to carry a concealed weapon but you will probably have a lot of questions as to exactly where you can carry it. The law is really not clear, and frankly, it even gets a little confusing in this interview. For example, the definition of a “public gathering” is:

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, or establishments at which alcoholic beverages are sold for consumption on the premises and which derive less than 50 percent of their total annual gross food and beverage sales from the sale of prepared meals or food. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part.

The law makes it very clear that you can carry a concealed weapon, with a permit, in a park, but what happens if you are in the park and come upon a church picnic? Are you now in a public gathering and violating the law? And exactly how the heck do you figure out if the bar or restaurant you want to go into with your gun concealed earns more than 50% of its income from food? You could literally leave your home carrying a concealed weapon legally and travel through alternating zones of legality and illegality just depending on what and who you pass.

John emphasizes that the uncertainty of the law is not good. I agree. Regardless of whether you like the law or not, there is really no reason to make it so confusing and uncertain that an honest law-abiding citizen can violate the letter of the law without knowing it. If you think this is no big deal, you need to understand that carrying a concealed weapon in violation of the law is a midemeanor the first time you are charged. But the second time it is a felony and carrys a mandatory minimum sentence of 2 years. (BTW, this is another example of stupid mandatory sentencing required by a legislature that does not have a clue as to the evils of mandatory sentencing.)

This is one side of HB89. There is another side!

 
 John Monroe, Georgia Carry.Org [29:20m]: Play Now | Play in Popup | Download (979)

Have Gun, Want to Travel! Better Check With GeorgiaCarry.org!

Just this week the news was full of the nut that went around the parking lot of a church in Colorado shooting people and was gunned down by a church security guard. Graveyard dead!

Not too long ago the Virginia Tech murders made us wonder whether there was any safe place left in the world. That guy wasn’t shot by someone else, but at least he saved us the trouble of a trial and killed himself.

Is there any place that is safe in today’s world? I really don’t think there is. However, the chance is slim that our paths will cross the path of some crazy on a day when death is in the air. If I honestly thought I would arrive at that crossroad where my life were threatened, I would do whatever it took to protect myself, including toting a gun.

The quandry, at least in Georgia, is why don’t I have the right to tote that gun just in case that slim chance of encountering a crazy happens today? If the paths cross at my home, I can shoot to kill in self-defense. If they cross in my car, basically the outcome is the same. I can protect myself in my car. But, in Georgia it is basically illegal to carry a gun in broad daylight on the streets and in public places. If I carry that gun to protect myself in the parking lot of my church or Walmart or whereever other people have the right to be, I am probably breaking the law in Georgia.

And, as Shakespeare would say, therein lies the rub and it is that rub which GeorgiaCarry.org wants to change. John Monroe, V.P. of Georgia Carry, makes no apology for wanting the right to carry a gun just about anywhere he wants to go, Walmart, church, the park, and elsewhere. John is an attorney from Roswell, Georgia and specializes in Second Amendment issues. I may be oversimplifying John’s point, but as I understand it, John and Georgia Carry believe that if the Second Amendment gives them the right to carry a gun (to protect themselves), the laws of Georgia should not eviscerate that right by saying you can’t carry the gun in public places where you might need to protect yourself.

Where can you carry a gun legally in Georgia? That is not an easy question to answer and don’t take this blog as a legal opinion you can rely upon. You may go to jail. However, most of us understand that we can have a gun at home and in the car. But, the dangers we face of a deadly nature exist in places other than home or car (there may be issues of concealment, but that is another interview). What about on a college campus? Not in Georgia! What about at a public gathering of people who tote guns? Probably not in Georgia. Exactly where can an ordinary citizen can carry a gun is not easy to say, but let me offer this as a rule of thumb: Don’t take a gun anywhere outside of your home or car if you can see another person. I must agree with John that this really doesn’t make much sense.

I am not opposed to gun registration or certain levels of gun control, but I firmly believe that I have a constitutional right to own a gun and protect myself, my family and my property. Having said that, it does seem strange to me that the exercise of this constitutional right is so limited in Georgia.

To my surprise, John told me that Georgia has some of the most restrictive gun laws in the nation. According to John there are states which actually allow you to carry a gun to a public event, like a sports stadium. That sounds so strange, and I can only conclude it must simply be the result of being raised in Georgia.

The thing I am dealing with is why does John Monroe’s desire to carry a gun into public places make me uncomfortable? If my friend who is a Vietnam veteran went with me to Walmart toting a gun, I would feel perfectly safe. I know that I would feel safer than if I went without him. So why don’t I want some person I don’t know toting a gun. They might be a Vietnam veteran, as well. Or they could be nuts!

You can take either side of this issue (toting guns in public) and logically argue the outcome you personally prefer. But, as John points out: it is a constitutional right. Not much argument there, but if voting is a constitutional right that can’t be unnecessarily restricted, why isn’t bearing a gun equally sacrosanct?

Having thought about this more than usual, I am sure of one thing. The reason that I would feel uncomfortable if I saw strangers walking around the parking lot at Walmart with guns on their hips is primarily because I am unfamilar with guns in general or people that tote them.

So should we balance the right to carry a gun in public places with the fear that the person carrying the gun will kill us? I will have to think about that some more, but it does seem to me that if it actually works elsewhere in the USA, we might try it in Georgia.

While John might not agree, if someone really wants to tote a gun in public, I would not be opposed to requiring them to demonstrate proficiency in gun safety and be subject to background checks. At least then, when I saw them with a gun on their hip in the Walmart parking lot, I would have some basis to assume they are a responsible person and not a crazy!

 
 John Monroe, GeorgiaCarry.org [27:57m]: Play Now | Play in Popup | Download (719)