The Law Offices of Epps & Pilgrim has instituted a program where we will offer information to our clients and the public concerning issues we feel are important. We will offer these short opinions once a month. The first installment of this series will be “So you want to get a handgun?”
As a former police officer and now attorney, one of the biggest questions I get from clients, friends, and, yes, people that are in law enforcement, concerns what would they or a family member need to do to legally carry a firearm to protect themselves or their family. In this installment, I will offer advice on what to do before you purchase a firearm, where you can carry the weapon, what to do when you have contact with law enforcement and other strategies of making sure that owning a firearm is a benefit.
The Georgia Legislature undertook the biggest reform of the firearms laws in Georgia with the Passage of Senate Bill 308. Because the law was virtually rewritten, we encourage you to take a look at this bill. This bill is now codified in a few different statutes found in the Georgia Criminal Code. Our discussions will primarily focus on O.C.G.A. § 16-11-126. We encourage you to read this code section as well.
So you have decided to purchase a firearm and want to know what you should do to ensure that you are in compliance with the law. The first thing to do before anything else is go to the County Courthouse where you live and apply for a firearms permit pursuant to O.C.G.A. § 16-11-129. The following website lists every Probate Court in the State: http://www.gaprobate.org/. You will need to go to the County of your residence. This process will involve an application and fingerprints. Once you have done this, look for your permit to arrive in about 4-8 weeks.
The next step is to undergo professional training regarding handling a weapon BEFORE you purchase a handgun. This is extremely important as a significant number of people are hurt each year with their own weapons. There are a number of indoor ranges throughout the state that provide basic pistol courses and many more can be found on the Internet. If you are not willing to spend the money to get the permit and the training, I strongly urge you to forget about owning a handgun. There are many bad things that come from people who own firearms and have no training or, even worse, think they have training. Hopefully, Georgia will require a pistol course in the future like most other states. You should make a commitment to practice with your weapon on a regular basis, particularly your safety procedures. Below, you can find some listings of places that offer training and a place to practice.
The next step in the evolution of your transition to gun ownership is to determine how you will secure the weapon when it is not with you. There are many stories of how children get into possession of a loaded firearm with tragic consequences. We recommend that you keep the weapon in a locked container like the Gun Vault. This device allows for the weapon to be accessed very quickly but it is secured by a code only known to you. They make this device in all different sizes. (A picture of the device is below.) Most pistols come with some form of locking device as well and are great for long term storage but the Gun Vault is the best for defensive purposes.
I’d also like to discuss how a weapon should be carried. I could talk about this subject for a long time, but will condense my comments in regards to two specific areas; how to carry a weapon legally and what kind of devices in which to carry the weapon. If you have a permit, you can carry the weapon on your person. If you do not have a permit then you CANNOT carry a weapon on your person. There are some exceptions to this, but for the purpose of this article, my recommendation is that you do not carry a weapon without a license. As for devices, the weapon should be carried in any of the modern holsters that you prefer as long as they completely cover the trigger and trigger guard. Many people ask can “Can I carry a handgun on my ankle if I have a permit?” Yes, you can.
At this point, I think it is important to give a couple of cautions about carrying a gun that you should always adhere too.
First, having a gun should never influence your decisions to the point of going places you would not normally go. Do not let the fact that you have a firearm influence you to be at a place or in situations that you would normally avoid. Saying, “I have my gun, I’ll be alright,” is not a good move. One of the first things that will be asked if you encounter law enforcement with a weapon is what you were doing when they have contact with you.
The second big mistake with a weapon is consuming alcohol. The permit you have to carrying a concealed weapon is NOT valid if you have consumed ANY alcohol. Weapons and alcohol do not mix. Over the years most of the encounters I had with people with weapons at least 65% or more had been consuming some form of alcoholic beverage and or drugs. The bottom line with this caveat is: Just don’t do it! This is not like having one drink and then driving, which is LEGAL. Although I would not recommend it, you place yourself into the wheel of misfortune if you carry a weapon and have some drinks.
Now that you have the proper permit and the proper training you want to know where you can carry your weapon and where you cannot carry. The Chart below will give you the best overview.
The final question that law abiding citizens ask us is, “What should do if I encounter the police when I have my weapon with me?” I encountered people just about every day when I was I police officer who were legally carrying their firearms and most likely a lot more that I had no idea about. There are a few tips that I advise you to adhere to insure that you never put an officer in a defensive situation as the results could be tragic.
The first thing you should do when you are stopped is turn on your interior light if the stop happens at night and produce your license and your permit. I would also suggest that you keep your hands on the steering wheel so that they are readily visible. If you do not have a permit there are only a few places where you can carry a firearm. We suggest you restrict this carry to your glove box only. The console is often a place where people like to carry their handguns, but we advise against this unless you have a permit. You should tell the officer if you DO NOT have a permit, that you have a weapon in the car and where it is located so that he does not inadvertently discover it during the course of the encounter. If a weapon is observed while you are, say, reaching for your insurance card, the response will be uncomfortable. ALWAYS let the officer know where the weapon is at! Trust me….he knows a lot better than you why you are choosing to carry a weapon. If you do not have a permit it is a good idea to keep the weapon unloaded as well. While this is not required, keeping the weapon and the ammunition separate is a good policy.
Some people ask “Can I carry as long as it’s fully exposed.” We recommend that you use common sense as this is not the old west.
Therefore, the main points to take away from this article are:
GET A PERMIT IF YOU INTEND TO CARRY.
GET TRAINING BEFORE YOU BUY A WEAPON.
HAVE A SUREFIRE WAY TO SECURE THE WEAPON AGAINST KIDS OR OTHERS.
DO NOT GO TO PLACES THAT ARE DANGEROUS BECAUSE YOU NOW HAVE A WEAPON. IF YOU THINK YOU WILL NEED A WEAPON, YOU SHOULD NOT BE THERE.
IF STOPPED BY THE POLICE, TURN ON INTERIOR LIGHT, NOTIFY THEM OF THE WEAPON AND ITS LOCATION AND KEEP YOUR HANDS ON THE STEERING WHEEL.
This article is not intended to be an end all discussion of the topic touched on herein. I simply want to give everyone a general idea of the best practices they can use to go about safely owning a firearm. I have listed several other websites that will help you continue the discussion below.
Kyle Epps
Further sites of Interest
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