Apparently, Wal-Mart is a "public gathering" in Newnan, GA

This is a discussion on Apparently, Wal-Mart is a "public gathering" in Newnan, GA within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by Rugerman The problem I see is he allowed some sheep to see his gun. And it said he had a firearm permit. ...

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Thread: Apparently, Wal-Mart is a "public gathering" in Newnan, GA

  1. #16
    Member Array Bags's Avatar
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    Quote Originally Posted by Rugerman
    The problem I see is he allowed some sheep to see his gun. And it said he had a firearm permit. I am assuming that was a CCW?

    Just because someone saw his gun does not make his action illegal. You can OPEN CARRY if you have a CCW in GA.

    This is BS and I would be contacting wally world like dr cmg said.

    I shop at wally world overr target for many reasons, one of them is I think they are pro II ammendment to me.

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  3. #17
    Distinguished Member Array LenS's Avatar
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    George,

    Understood. I was referring to even uttering a word about a lawsuit, since that gives the police an excuse to parlay on additional charges as "revenge in advance". It happens, as it did to the bozo I referred to.

    He didn't file his lawsuit until after his legal troubles were over, but he had "announced himself" from the get-go. I know since he asked me to serve the lawsuit on the police chief, sitting judge, ADA, and five officers. I refused, as did two other Constables and the Sheriff's Office! He ended up serving the papers himself (not actually legal, the server can't be a party to the case). [It's not legal to serve a sitting judge in MA, the police chief and one officer are known to me and nobody wanted to get tangled up in his problems (which definitely would have happened).]

  4. #18
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    Len, I agree. Don't mention it until you are prepared to drop the hammer. In fact he would probably be wise to go to Atlanta to get the attorney. The less the others know about your plans the better. Like I said I don't really think that all three LEOs were a party to the situation. In reality the person who reviewed the charges when the man was brought in should have had enough sense to call the DA immediately and get a reading. Anybody with one eye and half sense should have recognized the problem with calling Walmart a public gathering. If they don't have that much sense they really, really ought not to be loose in public with a badge, a uniform, and especially a gun. I am from the deep south just west of Georgia and we have some pretty dumb people. But no more than any other part of the country. This is just trouble for several people. Walmart for sure does not want to be declared a public gathering. The guy does not want the charge to stick. And the city of Newnan does not want its police officers making Barney Fife look good.

    I really need to look at the Georgia law about public gatherings and weapons. In Alabama the law says that if you have a weapon within 1000 feet of a public gathering and a LEO asks you to either leave or leave and return without it; you get to do one or the other. It is only by refusing or leaving and returning with the weapon after the request that is an offense. If Georgia's law is written the same way then there are bigger problems.

    It will be interesting to watch. Have a great weekend.
    George

    Two things are infinite: the universe and human stupidity; and I'm not sure about the universe. Albert Einstein

  5. #19
    Senior Member Array CombatEffective's Avatar
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    Absolutley horrid!! This was very shoddy police work.

    The procedure is as follows:

    The arresting officer will have to go before a Magistrate judge within 48 hours of the arrest and present the probable cause for the arrest. The judge will either sign the warrant or dismiss the charge at that point.

    The guy will then have the option of a show cause hearing in which the officer and witnesses can be called to testify in front of the judge (Magistrate) and the PC can be challenged at this hearing. The judge again has to rule as to whether or not to drop the charges or let the case go.

    For a felony charge, the accused can request that the case be sent to a grand jury for a citizen review of the charges, but the defense is typically not involved in the grand jury hearing.

    Then of course, there is a trial.

    Newnan is west of Atlanta. It used to be a fairly small town, but it has been over run by Atlanta folks in recent years.

    I sure hope that the guy gets these charges dismissed. The cops here are dead wrong and should pay the consequences.
    Shooters' Legacy

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  6. #20
    Member Array stolivar's Avatar
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    duh

    First off he put his gun in his pocket in the parking lot. (so he was probally seen by security at walmart video). Second you are required to have your gun in a holster in GA. So even if the first one does not stick they can get him on the second one.

    steve

  7. #21
    Member Array jabo2818's Avatar
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    how ridiculous can you be? the only thing i can figure is that the LEO's on the scene there might not be aware of the AGs' opinion on what constitutes a 'public gathering.'

  8. #22
    VIP Member Array Janq's Avatar
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    Quote Originally Posted by artz
    ...I wondered if he gave himself away... :(
    So says the article in the second sentence...

    "A witness reported that a male wearing a black vest, black pants and black boots had taken a pistol from his car and tucked it into his pocket, according to the report by Officer Gregory Vansant."

    Bottom line he was made by a citizen who wisely called law enforcement reporting him as suspicious.
    He should have been wearing a holster and holstered his weapon in the car.
    I'll bet that as based on his attire, demeanor, actions before (as reported by the citizen) and after (upon being questioned) that the police are taking the action as they are for reasons not reported in this blurb.

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  9. #23
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    I have a black shirt, a black vest, black pants, and black boots. I also have a black pocket holster. There is no indication in the story that the individual did not have a holster. The last time I checked looking suspicious was not a crime in Georgia. I understand that open carry is legal in Georgia so showing the pistol is not a crime.

    I do not have it yet, but in about 7 or 8 weeks I will be getting a Mark Garrity C & D Crossdraw holster. This holster is designed to put your pistol in while you drive. I wear a right hand IWB holster and when I fasten the seatbelt I have blocked access to my pistol. If I carried in my right front pocket as does a friend of mine (in a holster) fastening the seatbelt would block access to that pistol as well. What to do? We have had a couple of threads that asked that question. A couple of the answers were: put it on the seat beside you and put it between the seat and console.

    Now I arrive at Walmart dressed for a day of riding horses with the wife and kids. I have on my black vest, my black shirt, my black pants, and my black boots. I need to pick up some film to make pictures on the picnic that we (wife and kids) will have while riding. I have pulled out my Kel-Tec P11 and put it between the seat and console while driving. I arrive at Walmart and am in a hurry. While it would be wise to put the pistol in my pocket while in the car; it is also next to impossible because of the bucket seats. So I have to get out of the car and as inconspicuously as possible slip the P11 back into its holster in my right front pocket. Now I lock the car and go into Walmart to get the film for this first outing with the kids since school has let out for the summer.

    He may have had the pistol in his pocket in case of snakes on the outing with the kids. So far in my imaginary trip to Walmart I have done nothing overtly to make anyone suspicious. If I am approached by 3 police officers while at the film counter and asked to answer questions I will try to answer the questions. When it is obvious by the questions that the problem is the pistol, I start to reach for my wallet (in the left back pocket) with my left hand to show my permit. At the same time I am saying, "I have a concealed carry ". At this point the first police officer grabs my left arm. Then the second grabs my other arm and while I am pinned the third officer reaches into my right front pocket and pulls out my P11. He then pulls out my wallet and finds a valid GA permit. Suddenly there is doubt in the eyes of officers 2 and 3 and fear in the eyes of officer 1. Officer 1 then says, "You are under arrest for having a weapon at a public gathering." When he says this the other two officers' eyes shift from doubt to surprise and questioning because they know that Walmart is not a public gathering.

    I have let my imagination create a possible way in which the arrest being discussed might have happened. I could probably come up with several more just as possible. And none of them would present any real reason for the arrest. We will eventually get the whole story of what happened and I am sure that there will be as many questions raise by a fuller report as were raised by this one.

    Be safe and watch yourself at Walmart. I will be in one tomorrow and between my wife and me there will be 3 firearms going into an Alabama Walmart. If you don't hear from me send bail.
    George

    Two things are infinite: the universe and human stupidity; and I'm not sure about the universe. Albert Einstein

  10. #24
    Senior Member Array mzmtg's Avatar
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  11. #25
    Distinguished Member Array LenS's Avatar
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    Thanks for that update.

    As usual, the real story is almost never reported first, if at all.

  12. #26
    VIP Member Array Janq's Avatar
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    There is always more to the story than reported by the local news.
    When on the face things don't make much sense it's always safe to suspect there is more that went under reported.

    Thanks for the update MZMTG.
    The gentleman caused his own problems so it seems and the reason for arrest as stated is secondary.

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  13. #27
    Senior Member Array madmike's Avatar
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    Very glad to see that this didn't go down quite as it first appeared!

    I'm thinking that when he was still outside the store, he was noticed tucking the gun away and that set off some observant individuals alarm bells.

    Once confronted by police, he reacted entirely improperly, or at least, so it seems.

    I'm inclined to believe that, after reading the update on that other forum. Further, I suspect that if he'd simply complied with the LEO's from the beginning, he would have been released with no problem, maybe just a lecture about just exactly what "concealed" means.

    mm
    Political Correctness has now "evolved" into Political Cowardice.

  14. #28
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    Americans have the right and advantage of being armed unlike the citizens of other countries whose governments are afraid to trust the people with arms. James Madison

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  15. #29
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    Ignorance on the part of the officer that wrote up the charge and belligerance on the part of the arrestee. Some how I figured. So the cop will know better next time as will the arrestee.

    -Scott-

  16. #30
    Senior Member Array mzmtg's Avatar
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    This still isn't over. Apparently the charge is still sticking on this guy.

    http://www.glocktalk.com/showthread.php?threadid=566256

    Quote Originally Posted by Crumbles
    So I track down the case number, and call the police department. They tell me that the charge stuck, and that the man is currently out on bond. I ask the officer "So the charge wasn't dropped?" and she says, "Why would it be?" And I say: "I just didn't consider or realize that Walmart would be a public gathering." She said: "Oh yes sir, anywhere there are people is considered that."

    I started to argue a little bit with her on it, and she just got flustered and said: "Look, here are the two detectives numbers, you can call them and talk to them about it."

    So, now I have their numbers. I really want to call and ask them what the deal is, but I don't really know what I should say on their voicemails.
    And also this:
    Quote Originally Posted by Crumbles
    I thought the exact same thing you did. Until I called the police department and asked them what happened. I even have the case number for ya.

    Case #:
    2006-05-0326

    I spoke with the two arresting officers. They said exactly what the report says, and they consider Walmart a "public gathering." I almost threw up when I heard it.

    Go ahead, call them yourselves.

    detective office
    770.254.2355

    Bobby Strozier x124
    Brent Blankenship x125

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