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

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; http://content.times-herald.com/296034759204305.bsp A man was arrested for carrying a deadly weapon at a public gathering because he was carrying in WalMart. This is the piece of ...

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  1. #1
    Senior Member Array mzmtg's Avatar
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    Apparently, Wal-Mart is a "public gathering" in Newnan, GA

    http://content.times-herald.com/296034759204305.bsp

    A man was arrested for carrying a deadly weapon at a public gathering because he was carrying in WalMart.

    This is the piece of state code he is charged with violating:

    16-11-127.
    (a) Except as provided in Code Section 16-11-127.1, a person is guilty of a misdemeanor when he or she carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense.
    (b) 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. 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.
    Of course the AG has issued his opinion that a public gathering is not any public place, but a specific event for which the public may gather:
    http://www.state.ga.us/ago/read.cgi?searchval=public%20...ering&openval=U96-22



  2. #2
    Senior Member Array madmike's Avatar
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    Don't think it will happen in light of the AG's opinion, but if they do make it stick, it will be a serious miscarriage of justice.

    If the man has to shell out one cent for his defense in this case, or loose a single minute of time a work, I hope he files a lawsuit of his own to recover his loses and perhaps to "educate" those responsible for letting this proceed.

    All said of course, knowing there could be some "facts" not presented in the original report. But one the face of it, I doubt it.

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

  3. #3
    VIP Member Array artz's Avatar
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    I was just there the other day (I live about 30 minutes from there), and, again, I had my taurus in my holster in the front pocket. I didn't get one strange look.
    I wondered if he gave himself away... :(
    " Refuse to be a victim, make sure there is a round chambered ! "

    Just call me a pessimistic optimist !

    U.S. Navy vet 1981-1992

  4. #4
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    Belligerent maybe? Untrained LEOs?

    I think there is more to this story than we see in print.

    -Scott-

  5. #5
    Senior Member Array mzmtg's Avatar
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    Quote Originally Posted by Scott
    Belligerent maybe? Untrained LEOs?

    I think there is more to this story than we see in print.

    -Scott-
    His attitude has nothing to do with the fact that he wasn't breaking the law.

  6. #6
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    My first call would be to my lawyer asking him to file a charge of false arrest. The law and the AG's opinion plus common sense indicate that the charge is baseless. Unless they are going to try to change the charge to resisting arrest or use the reaching for his waistband as some sort of attempt to pull his weapon, I think that there are three police officers in deep water.
    George

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

  7. #7
    VIP Member Array Old Chief's Avatar
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    Walmart as a gathering implies that every mall in the land is also a public gathering. In fact the implication is that every where outside of your home is a public gathering. If ignorance can be fixed this is a case in dire need of fixing.

  8. #8
    Senior Member Array elkhunter's Avatar
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    Quote Originally Posted by Old Chief
    Walmart as a gathering implies that every mall in the land is also a public gathering. In fact the implication is that every where outside of your home is a public gathering. If ignorance can be fixed this is a case in dire need of fixing.
    This is the kind of precedent the anti-gunners desperately need. Never mind how convoluted it is logically. (their logic, most of the time is in error, and must be exposed ASAP.)
    This is where the intended use of “free speech” comes in handy.
    It’s so much easier now days, to "Love and honor" my wife, when she is armed, and shoots a better group than I do. (Till death do us part, eh?)

    “The way you get shot by a concealed weapons permit holder is, you point a gun at him,” the Sheriff said.

  9. #9
    VIP Member
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    The other thing this guy might do is call Walmart and ask if their attorneys want to defend him. Why would they do that? Ask them to think about the implications for Walmart if they are declared to be a public gathering. Think about the governmental intrusian that opens the door for. Believe me if the people at Walmart spend 5 minutes thinking about them they will come to the conclusion that they definitely DO NOT want to be a pulbic gathering.
    George

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

  10. #10
    Senior Member Array Rugerman's Avatar
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    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?
    George Washington: "A free people ought to be armed."

  11. #11
    Member Array Mojoski's Avatar
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    I sure hope this gets shot down. It's obviously at odds with the AG statement.

    And I believe that the CCW is the only permit available in GA. There is one other that is specifically for Security Guards and such, but it is only given to people with specific jobs.
    Proud Georgia Firearms Licensee
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  12. #12
    Senior Member Array mzmtg's Avatar
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    Quote Originally Posted by Rugerman
    And it said he had a firearm permit. I am assuming that was a CCW?
    Yes, in GA it's called a "Georgia Firearms License."

    GFL for short.

  13. #13
    VIP Member
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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?
    The charge would have been different if the permit wasn't for concealed carry.
    George

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

  14. #14
    Distinguished Member Array LenS's Avatar
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    Quote Originally Posted by dr_cmg
    My first call would be to my lawyer asking him to file a charge of false arrest. The law and the AG's opinion plus common sense indicate that the charge is baseless. Unless they are going to try to change the charge to resisting arrest or use the reaching for his waistband as some sort of attempt to pull his weapon, I think that there are three police officers in deep water.
    Sorry, but IMNSHO this is the WORST thing that he could do!

    First you fight and defeat all charges against yourself. ONLY after that is all done do you even breathe a word about a civil lawsuit.

    I know someone who was arrested under bogus charges, shot off his mouth, so they threw on more BS, dragged him thru the "system" for about a year, cost him $20K (according to him) to defeat all charges. The DA wanted to drop all charges, but the PD insisted on following thru (to get even with him, he has always been a Royal PITA to them). They even prevented him from getting his "arrest record" expunged, so now he has a criminal arrest record to follow him around all his life (MA only reports arrests, not adjudications; false arrests are never expunged either unless you can convince a judge to specifically authorize it).

    If he had kept his mouth shut, it would have ended earlier and more favorably for him.

    Once you know that the PD can NOT heap on any additional charges, and you have defeated them, then you can sue without risk of more trumped up charges. But not until then.

  15. #15
    VIP Member
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    Quote Originally Posted by LenS
    Sorry, but IMNSHO this is the WORST thing that he could do!

    First you fight and defeat all charges against yourself. ONLY after that is all done do you even breathe a word about a civil lawsuit.
    I should have been more specific. I wasn't talking about with his one free telephone call. I had more in mind after the situation was handled. You can't file a charge for false arrest realisticly until the charges have been dropped. If they aren't dropped and you are found guilty, you then would have to appeal and be found not guilty in the appeal before you could file a false arrest charge. I am not one who really wants to make trouble for LEOs, but some times it just appears that certain ones go out of their way to cause problems. We have enough problems without the people charged with carrying out the laws deciding which ones they want to enforce. As for the three officers being in deep water, it is likely that when the facts come out that only the first officer is the one making problems and the other two were just doing what he told them.

    This will be an interesting case to follow.
    George

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

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